Intellectual property policy
This Recast Intellectual Property Policy (the “IP Policy”) is incorporated by reference into Recast Terms and Conditions (the “Terms”) and form a part thereto. Any capitalized terms not defined herein have the meaning defined in the Terms.
1. Third-Party Content
Recast can be used for accessing and processing third-party content (the “Third-Party Content”). The Third-Party Content is owned by third-party proprietors and such third-party intellectual property does not belong to us. The Third-Party Content remains the sole property of the respective third-party proprietors. You may not use any Third-Party Content without prior authorization of the owners of such content, notwithstanding any functionalities of Recast. To the highest extent permitted by the applicable law, we will not be liable in in any manner for your breach of this IP Policy or the Terms. We do not guarantee that you will have access to the Third-Party Content at all times.
2. Fair Use Policy
In the USA and other countries, it may be possible to reuse materials protected by copyright without obtaining permission from a copyright holder under certain circumstances (‘fair use’). Such fair use is determined on a case-by-case basis and different rules may apply in different countries. For example, copyright-protected works used for teaching, commentary, criticism, news, or research may fall within the scope of fair use and, therefore, you may not need authorization to use such works. We strongly recommend consulting a qualified lawyer to seek advice and make prior assessment of your materials that you intend to use under the fair use doctrine. We do not provide advice or assessments regarding Your Content (as defined below) and the Third-Party Content, or fair use policies applicable to you.
3. Our Content
Most of the content made available by us on Recast, excluding Your Content and the Third-Party Content (as defined below), is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, software programs, audiovisual content, source code, trademarks, service marks, and trade names. Our Content is protected by the applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorization from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties, or use any manual or automated means to scrape any content available on Recast.
4. Recast Brand
You may not use the brand, the word or figurative trademarks associated with Recast or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
5. Your Content
By submitting any content to us through Recast (other than personal data) (“Your Content”), you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, excerpt, prepare derivative works of, and reproduce Your Content for the purposes of performing our contractual obligations (e.g. to provide you with the requested services) and carrying out our legitimate interests (e.g. to offer and maintain Recast).
You agree not to submit Your Content that violates the Terms or any applicable laws, including intellectual property rights of others. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove Your Content, in whole or in part, that violates these Terms or may harm our reputation. However, you remain solely responsible for Your Content.
6. Copyright Infringement Claims (Dmca Policy)
We respect intellectual property rights. If you have any grounds to believe that any content made available through Recast violates your or third party’s intellectual property rights, please contact us without undue delay. In order to write a proper copyright infringement notice, please perform the following steps:
Identify with sufficient detail the copyrighted work that you believe has been infringed;
Identify 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 us to locate the material;
Provide us with information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
Add the following statement: “I 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”;
Add the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
Sign the document; and
Send the document to us by email to email@example.com or post: Recast, LLC, 2021 Fillmore St #146, San Francisco, CA 94115, USA.
Please note that you will be liable for damages, including costs and attorney’s fees, or criminal prosecution, if you materially misrepresent that material is infringing your copyright(s). Therefore, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may need to consult a lawyer.
Upon receipt of a proper copyright infringement claim, we will remove the contested content (in full or in part, as appropriate) from our systems.
7. Copyright Counter-Notification (Dmca Policy)
If your content is removed due to operation of our notice and takedown procedure described in section 6 of the IP Policy and you believe the takedown was improper, you may file a counter-notification by email or regular mail. We would like to inform you that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that the takedown was improper. Therefore, in order to assess the takedown, you may need to consult a lawyer. To write a proper counter-notification, please perform the following steps:
Identify 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 to it was disabled;
Specify your name, address, and telephone number;
Include the following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which you are located]”;
Include the following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”;
Sign the document; and
Send the document to us by email to firstname.lastname@example.org or post: Recast, LLC, 2021 Fillmore St #146 San Francisco CA 94115, USA.