DMCA / Copyright Policy

1. Respect for Intellectual Property

Spatiko (the "Platform") is provided by Spatiko ("Company," "we," "us," or "our"). We respect the intellectual property rights of others and expect all users of the Platform to do the same. We will respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, as well as notices received under Canada's notice-and-notice regime (sections 41.25 to 41.27 of the Copyright Act).

2. Designated Agent

The Company's designated agent for receipt of notifications of claimed copyright infringement is:

This agent is registered with the U.S. Copyright Office in accordance with 17 U.S.C. § 512(c)(2).

3. Filing a DMCA Takedown Notice

If you are a copyright owner (or authorized to act on behalf of one) and believe that content on the Platform infringes your copyright, you may submit a written takedown notice to our designated agent. Your notice must include all of the following:

1. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material (such as a URL or description of where the material appears on the Platform).
4. Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send your takedown notice to the designated agent listed in Section 2 above.

4. Company Response to Takedown Notices

Upon receipt of a valid takedown notice that complies with the requirements above, the Company will act expeditiously to remove or disable access to the allegedly infringing material. The Company will make reasonable efforts to notify the user who posted the material that it has been removed or disabled, provide the user with a copy of the takedown notice, and inform the user of their right to file a counter-notification under Section 5 of this Policy.

5. Counter-Notification

If you believe that material you posted on the Platform was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notification to our designated agent. Your counter-notification must include all of the following:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which the Company may be found), and that you will accept service of process from the person who provided the original takedown notice or an agent of such person.

Upon receipt of a valid counter-notification, the Company will promptly provide a copy to the original complainant. If the original complainant does not file a court action seeking to restrain the user from engaging in the infringing activity within ten (10) business days of receiving the counter-notification, the Company will restore the removed material or re-enable access to it within ten (10) to fourteen (14) business days after receipt of the counter-notification.

6. Repeat Infringer Policy

The Company maintains a policy of terminating, in appropriate circumstances and at the Company's sole discretion, the accounts of users who are repeat infringers of copyright.

A "strike" is counted against a user each time: (a) a court, arbitrator, or other tribunal of competent jurisdiction determines that the user has engaged in copyright infringement in connection with the Platform; or (b) the Company receives a valid takedown notice under Section 3 of this Policy and the user does not file a timely counter-notification, or the counter-notification is unsuccessful. Each determination or valid notice counts as a separate strike. If a single determination or notice pertains to multiple instances of copyright infringement, it may count as multiple strikes.

The Company has adopted a "three strikes" policy: a user who accumulates three (3) strikes is considered a repeat infringer and may be subject to permanent account termination. The Company may also, at its sole discretion, terminate or limit access to the Platform for any user who infringes any intellectual property right, whether or not there is any repeat infringement.

7. Misrepresentation Warning

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys' fees.

Before filing a takedown notice or counter-notification, you may wish to seek legal advice to understand your rights and obligations under the DMCA.

8. Limitations

The DMCA takedown process applies only to claims of copyright infringement. If you have a concern about other types of intellectual property (such as trademark infringement), or if you believe content on the Platform violates the law for reasons other than copyright infringement, please contact us at legal@spatiko.com.

This policy does not constitute legal advice. If you have questions about your rights under copyright law, please consult a qualified attorney.

9. Canada — Notice and Notice

In addition to the U.S. DMCA process described above, the Company participates in Canada's notice-and-notice regime under sections 41.25 to 41.27 of the Copyright Act (R.S.C., 1985, c. C-42).

Under the notice-and-notice regime, a Canadian copyright owner who claims that content on the Platform infringes their copyright may send a notice in the form prescribed by the Copyright Act to legal@spatiko.com. A valid notice must include:

1. The name and address of the claimant;
2. Identification of the copyrighted work;
3. A statement of the claimant's interest or right with respect to the copyright in the work;
4. The electronic location data of the alleged infringement (for example, a URL);
5. The date and time of the alleged infringement; and
6. Any other information prescribed by regulation.

Upon receipt of a valid notice, the Company will, as soon as feasible, forward the notice to the user associated with the identified electronic location and retain records for the period required by the Copyright Act. The Company is not required under Canadian law to disable access to the material in response to a notice-and-notice, and the regime does not include a counter-notification process. Forwarding a notice is not an admission of infringement.

Abusive notices: The Copyright Act prohibits notices that contain false or misleading information or that are used for purposes other than legitimate copyright enforcement (such as demanding payment or settlement). The Company may refuse to forward a notice that, on its face, fails to comply with section 41.25 of the Copyright Act.