Trademark and Copyright Policy

Engagement Mobile Strategies (“The Company,” “we,” “our,” or “us”) is committed to respecting and protecting intellectual property rights. To address allegations of infringement on Mobile Engage Pro (the “Product”), we have established a straightforward process for handling complaints regarding certain third-party intellectual property rights. This process covers claims of infringement related to copyrights (e.g., written text, photographs, sound recordings, and video clips) and trademarks/service marks (e.g., logos, slogans, and names identifying a good or service).

Capitalized terms not defined in this Agreement have the meanings assigned to them in the Terms of Use. All information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content associated with events on the Services are posted by Organizers, Consumers, or other third parties—not by us (collectively referred to as "Third Party Content").

This policy outlines the procedure for any third party who believes their trademarks and/or copyrights are being infringed by Third Party Content to request that Engagement Mobile Strategies remove the allegedly infringing material.

1. Removing or Re-Posting of Third Party Content

1.1 How to Get Allegedly Infringing Content Removed from Mobile Engage Pro

If you believe in good faith that any Third Party Content made available by Engagement Mobile Strategies in connection with the Product infringes your copyright or trademark rights, you (or your authorized agent) may submit a takedown notice requesting the removal or restriction of access to the infringing content. To enable Engagement Mobile Strategies to process your request, your takedown notice must include the following information:

  • Information that allows the Company to contact you (i.e., name and address, telephone number and/or email address);

  • Sufficient information to identify the copyrighted works or trademarks that are allegedly being infringed, including registration number and registration office if applicable

  • Sufficient information for us to identify and locate the allegedly infringing material including its Internet location (e.g., URL address and a description of the protected work, such as “the photo used in the event header");

  • A statement that you have a good faith belief that the use of the Third Party Content on the Product is not authorized by the owner of the Content, its agent or the law;

  • A statement of the accuracy of the takedown notice, and under penalty of perjury, a statement that you are the owner of the allegedly infringed material or you are authorized to act on behalf of such owner; and

  • A physical or electronic signature of the person submitting the takedown notice. 

The simplest and most efficient way to submit a takedown notice is by reporting the infringement to our team. For detailed instructions, please refer to the section below titled "How to Report Copyright or Trademark Infringement." Filing a written takedown notice through this method is the fastest way to address alleged copyright and/or trademark infringement.

Please note that by submitting a takedown notice:

1. The information you provide is generally subject to our Privacy Policy. Engagement Mobile Strategies may share copies of your takedown notice with the alleged infringer, including your name. The alleged infringer may contact you directly to discuss the allegation.

2. You may be held liable for any damages, including costs and attorneys' fees, incurred by Engagement Mobile Strategies or the alleged infringer if you knowingly and materially misrepresent that Third Party Content is infringing. This includes considerations of copyright defenses, such as fair use and exceptions. If you are uncertain whether the material in question is infringing, we strongly recommend consulting an attorney before filing a takedown notice.

3. Engagement Mobile Strategies cannot provide legal advice regarding your entitlement to file a takedown notice.

Upon receiving a valid and fully completed takedown notice that clearly identifies an infringement of copyright or trademark rights, Engagement Mobile Strategies will promptly remove or disable access to the allegedly infringing material and notify the alleged infringer.

1.2 Getting Content Reposted That Is Not Infringing. 

If you have a good faith belief that material removed or disabled by Engagement Mobile Strategies as a result of a notification of an alleged infringement of intellectual property rights involves a misidentification or mistake, you may send a counter-notice via email to curious@engagementmobile.com. A counter-notice must include all of the following information:

  1. Your signature, which may be provided electronically by typing your name

  2. Identification of the material that has been removed or to which access has been disabled

  3. A statement made 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

  4. Your name, address, telephone number, and email address.

  5. A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Engagement Mobile Strategies is located, and that you will accept service of process from the person who provided the original notification or an agent of such person 

If you knowingly misrepresent that material is not infringing, you may be held liable for damages, including costs and attorneys’ fees. If you are unsure whether the material is infringing, we strongly recommend consulting an attorney before submitting a counter-notice to Engagement Mobile Strategies. Fraudulent or abusive counter-notices, as well as any misuse of Engagement Mobile Strategies’s Intellectual Property Policy, may result in account termination or other legal consequences.

1.3 Status of Content After Receipt of Counter-Notice.

Upon receiving a counter-notice in compliance with Section 1.2 above, Engagement Mobile Strategies will forward a copy of the counter-notice to the original sender of the takedown notice. For a period of ten (10) days following receipt of the counter-notice, Engagement Mobile Strategies will maintain the status quo by keeping access to the allegedly infringing material disabled.

If the sender of the takedown notice initiates a lawsuit against the alleged infringer for trademark and/or copyright infringement during this ten (10) day period and provides Engagement Mobile Strategies with a court-stamped copy of the complaint, the material will remain disabled. However, if no lawsuit is filed within this period, Engagement Mobile Strategies will restore access to the allegedly infringing material.

1.4 Repeat Infringer Policy.

Engagement Mobile Strategies enforces a repeat infringer policy, where we may disable or terminate accounts of users who repeatedly post infringing content. 

How to report copyright or trademark infringement 

If you suspect that any content on Mobile Engage Pro (a product of Engagement Mobile Strategies) violates your copyright or trademark, let the event organizer know. If you're unable to connect with the event organizer, please report the alleged infringement to our team. They'll be in touch if they need additional information or to let you know they're working on removing the infringing information from the site.

What constitutes copyright or trademark infringement?

A copyright protects a physical work or representation from being duplicated without permission of the copyright holder. For example, paintings, songs, digital photography or graphics, and even dance choreography can be protected by a copyright.

The "copyright holder" is the person who created the work, unless ownership has been changed to someone else. It is "copyright infringement" to do any of the following without the expressed permission of the holder:

  • Copy or produce work

  • Create a new work derived from the original work

  • Sell or give away the work, or a copy of the work before the copyright/trademark owner has done so

  • Perform or display the work in public

A trademark could be a word, phrase, symbol, or design that identifies and distinguishes the source of the goods of one part from those of others.

"Trademark Infringement" may occur when one party uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the trademark registration covers.

NOTE: If you don't provide the necessary documentation, Engagement Mobile Strategies can't remove the relevant content.

How to report copyright or trademark infringement to Engagement Mobile Strategies

If you believe that any third-party content on Mobile Engage Pro violates your copyright or trademark, please report the infringement to our team that works to protect the Engagement Mobile Strategies community against misuse of the software. You can email our team directly.

In order for Engagement Mobile Strategies to take action, your request, also known as a "Takedown Notice," needs to include the following information:

  1. Your contact information (name, address, telephone number, and email address).

  2. Sufficient information to identify the copyrighted works or trademarks that are allegedly being violated, including registration number and registration office if applicable.

  3. Sufficient information to identify the allegedly infringing material, and its web address or URL.

  4. A statement that you have a good faith belief that the use of the material isn't authorized by the owner, its agent, or the law.

  5. A statement of the accuracy of the takedown notice, and under penalty of perjury, a statement that you're the owner of the allegedly infringing material, or you're authorized to act on behalf of the owner.

  6. A physical or electronic signature of the person submitting the takedown notice.

Once you've gathered this information, you can submit your takedown notice to Engagement Mobile Strategies.

What to expect after making a report

Once you’ve submitted your takedown notice, your report will be reviewed by our team.

After receiving a valid and fully completed takedown notice, our team will move quickly to remove or disable access to the allegedly infringing material. They'll also notify the alleged infringing party.

Copies of your takedown notice may also be provided to the alleged infringer, and is subject to our Privacy Policy.