This Carrie Fitness Intellectual Property and DMCA Policy (this “Policy”) sets forth additional requirements, guidelines, rights and licenses with regard to Carrie Fitness’s intellectual property and the intellectual property of others. This Policy also applies to Carrie Fitness licensees, developers, Members, customers and other parties wishing to use our intellectual property. This Policy forms part of the Terms of Service and any capitalized terms used, but not defined here, have the meanings assigned to such terms in the Terms of Service.
- Carrie Fitness Intellectual Property
- Intellectual Property Rights. Carrie Fitness respects the intellectual property rights of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s copyrights, trademarks, or other intellectual property rights. While we appreciate your enthusiasm for the Carrie Fitness brand, the Carrie Fitness Service, our instructors and community, we ask that you respect our intellectual property rights and adhere to this Policy and the Terms of Service, including Section 18 (Intellectual Property Acknowledgement).
- Ownership of Intellectual Property. As between you and Carrie Fitness, Carrie Fitness owns the Carrie Fitness Service, the Content, Trademarks (as defined below), copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials and information displayed on or otherwise made available through the Carrie Fitness Service, other than content that has been licensed to us by third parties (collectively, “Carrie Fitness IP”). This includes all intellectual property and proprietary rights in and to such Carrie Fitness IP. As a reminder, the Carrie Fitness Service is only for your personal, non-commercial use.
- Carrie Fitness Trademarks. The Carrie Fitness name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of Carrie Fitness Interactive, LLC, and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Carrie Fitness Service or in this Policy should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent.
- Third-Party Trademarks. Any other trademarks appearing on the Carrie Fitness Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Carrie Fitness Service. All rights not expressly granted in this Policy or the Terms of Service are reserved.
- Authorized Use of Carrie Fitness Intellectual Property
- Carrie Fitness Content and Trademarks. Only Carrie Fitness and its authorized licensees may use the Content and/or Trademarks in advertising, promotional, and marketing assets or materials or for any other commercial purpose. Any unauthorized use of our Trademarks or Content is strictly prohibited. Any permitted use must at all times be made in accordance with the agreement between licensee and Carrie Fitness and must adhere to the following requirements:
- The Content and/or Trademarks are not modified or combined with other marks in any way, including, but not limited to changing the color, ratio, audio, audio-visual, font or materials captured or contained therein.
- Include attributions as required by Carrie Fitness.
- Such use presents Carrie Fitness, the Content, and our products, services and brand in a favorable light.
- The Trademarks or Carrie Fitness name are not part of the service or product name or domain names or websites, nor are any variations, abbreviations or formative use), phonetic equivalent, or foreign language translations.
- The “Carrie Fitness” word mark appears less prominently than the name of your service or product.
- Any reference to Carrie Fitness and/or the Content or our services and products must not appear to endorse, sponsor, show an affiliation with or association between Carrie Fitness and/or the Content or our services and products and you or your products and services.
- Compatibility. Licensees may use the “Carrie Fitness” word mark solely for referential purposes on packaging or materials to state that their service or product may be used with the Carrie Fitness Service or our products; provided that they comply with the requirements of this Policy above and below and the following requirements:
- Compatibility is not dependent upon your access to the Carrie Fitness Service or our API and does not violate the Terms of Service.
- The service or product may in fact be used with or is compatible with the Carrie Fitness Service or our products.
Use of Carrie Fitness’s logo without our express permission is strictly prohibited.
- Merchandise/Goods. You may not produce, manufacture or sell merchandise, products or services incorporating any Carrie Fitness Trademarks. Examples include but are not limited to t-shirts, jackets, mugs, bags, and flags.
- Depictions of Carrie Fitness Products and/or Services. Carrie Fitness logos, company names, product names, or images of Carrie Fitness products or user interfaces must not be used in marketing, promotional or advertising materials as such use may create the perception that Carrie Fitness endorses, sponsors or is affiliated or associated with the product, service or promotion. Carrie Fitness does not support the imitation of distinctive Carrie Fitness products, web design, logos, packaging or typefaces.
- Rules for Referencing Carrie Fitness Products and Services. Please remember that any use of the Trademarks should be used as an adjective (e.g., the Carrie Fitness service) not as a noun or gerund (e.g., “Carrie Fitnessing”).
- Carrie Fitness Intellectual Property Restrictions and Reservations
- Restrictions. Except as expressly permitted by Carrie Fitness, you may not download, display, copy, distribute, modify, perform, transfer, use, license, sublicense, create derivative works from, sell or otherwise exploit any Carrie Fitness IP. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on the Carrie Fitness Service, including, without limitation, notices on any Content you transmit, display, print, stream, or interact with on the Carrie Fitness Service. Any unauthorized or prohibited use of any Carrie Fitness IP may violate or infringe copyrights or other intellectual property laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.
- Reservation of Rights. Carrie Fitness retains all right, title and interest in and to the Carrie Fitness IP, and except for the limited rights and licenses granted to you under this Policy or the Terms of Service, nothing shall be construed to restrict, impair, encumber, license, alter, deprive or adversely affect the Carrie Fitness IP, or any of Carrie Fitness’s rights or interests therein.
- Third Party Intellectual Property Infringement
If you believe that the Carrie Fitness Service or any Content (including User Content) infringes or misappropriates your intellectual property rights or the intellectual property rights of others (other than copyrights), please submit written notice to us.
- Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to our copyright agent (contact information below) containing the following information:
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the Carrie Fitness Site the material that you claim is infringing may be found, sufficient for Carrie Fitness to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
You may submit this information, or any counter-notice, via:
- Email, with the subject line “Copyright Notices,” to us here.
Carrie Fitness Interactive Copyright Agent
1442 Pottstown Pike
West Chester, PA 19380
If properly notified that any materials infringe a third party’s copyright, Carrie Fitness will promptly remove such materials from the Carrie Fitness Site in accordance with the U.S. Digital Millennium Copyright Act, or equivalent laws which are applicable in other jurisdictions. In addition, Carrie Fitness may, when appropriate, terminate the accounts of repeat copyright infringers.
Carrie Fitness may disclose any communications, including your contact information, concerning DMCA or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
If you have questions about the legal requirements of other applicable copyright notice, you should consult a legal advisor and obtain professional legal advice and/or representation.