Unlawful Content Policy

HOW ZAPPAR DEALS WITH INFRINGEMENTS OF THIRD PARTY RIGHTS AND HOW TO REPORT UNLAWFUL CONTENT

INTRODUCTION

Zappar Limited (“ZAPPAR”, “we”, “us”) is concerned that our ZAPWORKS service is used in a safe and responsible manner. We have therefore published this Policy to explain how we will deal with allegations that data or content published or distributed through the service by our users (“user content”) breaches the rights of a third party. This Policy is of relevance both to zapcode users and to rights owners and other third parties who may be affected by the use of zapcodes.

As an on-line service provider established in the United Kingdom, and subject to the jurisdiction of the Courts of England and Wales, ZAPPAR is not currently subject to any statutory Notice and Takedown procedure. We have therefore produced this non-statutory procedure to deal with intellectual property and other rights related complaints. Readers should kindly note that this Policy does not create any obligations that can be legally enforced against ZAPPAR.

ZAPPAR’S RELATIONSHIP WITH RIGHTS OWNERS

We would like to make you are aware of the following characteristics of our ZAPWORKS service:

  • 1.

    ZAPPAR is not the author, editor, poster or publisher of any user content;

  • 2.

    When offering the service ZAPPAR is simply providing the underlying technology and infrastructure which allows users to publish and make their user content available by connecting it to zapcodes;

  • 3.

    ZAPPAR does not participate in any way in the initial publication of any user content made available through the ZAPWORKS service and we do not actively monitor or exercise any editorial control or review over user content;

  • 4.

    The fact that a particular item of user content is available through the ZAPWORKS service does not represent or imply that ZAPPAR approves of that user content;

  • 5.

    ZAPPAR is therefore at all times acting passively as an intermediary or host ISP and we do not assume any responsibility for any user content available via the ZAPWORKS service.

Because of the characteristics of on-line services it is possible that persons may misuse the services by making user content available that breaches your rights. Further to our aim of promoting safe and responsible use of the ZAPWORKS service, ZAPPAR encourages rights owners and other concerned third parties to notify us of any alleged unlawful use of the service including, in particular, any data or content that belongs to you.

HOW CAN YOU REPORT UNLAWFUL CONTENT?

ZAPPAR can only deal with your complaint if it relates to specific alleged unlawful data or content published by a user of the ZAPWORKS service and which is connected to a zapcode.

Before making a complaint under this Policy we recommend that you take steps to identify and contact the publisher of the alleged unlawful data or content to request that they cease using it.

If you are unable to identify the publisher or they refuse to remove the user content, you can send us your complaint by email to: legal@zappar.com or you can write to us at the following address:

ZAPPAR
Barley Mow Centre
10 Barley Mow Passage
Chiswick
London W4 4PH
United Kingdom

Please make sure that you attach / enclose the information detailed below. The person making the complaint is responsible for ensuring that the complaint is unambiguous, correct, complete and made on bona fide grounds.

WHAT INFORMATION SHOULD YOU INCLUDE IN YOUR COMPLAINT?

So that we can deal with it as quickly as possible, your complaint should contain at least the following information:

  • 1.

    Your contact details and (if applicable) whether you are acting on someone else’s behalf;

  • 2.

    A brief description of the alleged unlawful user content and an explanation of why you are claiming that the user content is unlawful, illegal, or otherwise harmful to your privacy, intellectual property or other rights. For allegations of defamation you should set out the statement concerned and explain why the statement is defamatory of you;

  • 3.

    (If known) the name of the person who has published the user content, the zapcode to which the user content has been linked, or sufficient other information to enable ZAPPAR to locate the user content complained of;

  • 4.

    Copies of any correspondence you have had with the publisher of the user content;

  • 5.

    If the complaint regards an alleged infringement of an intellectual property right, like a copyright or trademark, you should include evidence that you are the rightful owner or holder of these rights or that you are entitled to act on behalf of the aforementioned party;

  • 6.

    Any other information you think might be helpful to us.

HOW DO WE DEAL WITH COMPLAINTS?

Once you have provided ZAPPAR with all the information listed above, we will review your complaint. We will assess complaints on the basis of applicable law, regulations and codes of practice as well as our Terms of Use for the ZAPWORKS service. We will deal with complaints as quickly as possible but reserve the right to ask you for additional information, or to take independent legal advice.

If a complaint discloses a prima face case of rights infringement or any other form of unlawful content we will normally disable access to the user content and/or remove it from our systems. We will also remove user content where we have received an Order of the Court under Section 13 of the UK Defamation Act 2013. User content which has been removed may be stored by us in order to comply with certain legal obligations.

If a user of the ZAPWORKS service objects to the action we have taken in respect of their user content they should notify us within seven (7) days. We would not normally re-enable access to content which is the subject of a complaint unless the publisher can provide us with a certified copy(*) of a signed settlement agreement or sealed Order of a Court of competent jurisdiction – which is not subject to any right of appeal – that conclusively determines the publisher’s right to use the user content (including the right to publish and communicate the user content to the public). In such cases, we still reserve the right to refuse to allow the user content back onto the ZAPWORKS service. We do not have to provide the zapcode user with any reason for such refusal.

* A certified copy is one which has been certified as a “true, complete and up-to- date copy of the original” by a solicitor, lawyer, notary public or person of equivalent standing in your country of residence.

FINAL PROVISIONS

ZAPPAR will assess complaints made under this Policy in accordance with the laws of England and Wales. This Policy is part of and subject to the ZAPWORKS service Terms of Use. We reserve the right to review and modify this Policy at any time. We may also depart from certain aspects of the Policy at any time depending on the circumstances of any particular case.

New versions of the Policy will be made available through zap.works. If any version of the Policy contradicts this version then the new version will prevail.



Last Updated: May 2016