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WAI INTELLECTUAL PROPERTY AND DMCA POLICY

 

This WAI Intellectual Property and DMCA (Digital Millennium Copyright Act) Policy (this “Policy”) sets forth additional requirements, guidelines, rights and licenses with regard to WAI’s intellectual property and the intellectual property of others. This Policy also applies to WAI 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.

  1.  WAI Intellectual Property
    • 1.1. Intellectual Property Rights. WAI 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 WAI brand, the WAI 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).
    • 1.2. Ownership of Intellectual Property. As between you and WAI, WAI owns the WAI 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 WAI Service, other than content that has been licensed to us by third parties (collectively, “WAI IP”). This includes all intellectual property and proprietary rights in and to such WAI IP. As a reminder, the WAI Service is only for your personal, non-commercial use.
    • 1.3. WAI Trademarks. The WAI name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of Wealth Agent Institute, 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 WAI 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.
    • 1.4. Third-Party Trademarks. Any other trademarks appearing on the WAI 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 WAI Service. All rights not expressly granted in this Policy or the Terms of Service are reserved.
  2.  Authorized Use of WAI Intellectual Property
    • 2.1. WAI Content and Trademarks. Only WAI 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 WAI and must adhere to the following requirements:
  1. 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.
  2. Include attributions as required by WAI.
  3. Such use presents WAI, the Content, and our products, services and brand in a favorable light.
  4. The Trademarks or WAI 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.
  5. The “WAI” word mark appears less prominently than the name of your service or product.
  6. Any reference to WAI and/or the Content or our services and products must not appear to endorse, sponsor, show an affiliation with or association between WAI and/or the Content or our services and products and you or your products and services.
  • 2.2. Compatibility. Licensees may use the “Wealth Agent Institute” or “WAI” word mark solely for referential purposes on packaging or materials to state that their service or product may be used with the WAI 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 WAI 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 WAI Service or our products.

Use of WAI’s logo without our express permission is strictly prohibited.

  • 2.3. Merchandise/Goods. You may not produce, manufacture or sell merchandise, products or services incorporating any WAI Trademarks. Examples include but are not limited to t-shirts, jackets, mugs, bags, and flags.
  • 2.4. Depictions of WAI Products and/or Services. WAI logos, company names, product names, or images of WAI products or user interfaces must not be used in marketing, promotional or advertising materials as such use may create the perception that WAI endorses, sponsors or is affiliated or associated with the product, service or promotion. WAI does not support the imitation of distinctive WAI products, web design, logos, packaging or typefaces.
  • 2.5. Rules for Referencing WAI Products and Services. Please remember that any use of the Trademarks should be used as an adjective (e.g., the WAI service) not as a noun or gerund (e.g., "WAIing").
  1.  WAI Intellectual Property Restrictions and Reservations
     
    • 3.1. Restrictions. Except as expressly permitted by WAI, you may not download, display, copy, distribute, modify, perform, transfer, use, license, sublicense, create derivative works from, sell or otherwise exploit any WAI IP. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on the WAI Service, including, without limitation, notices on any Content you transmit, display, print, stream, or interact with on the WAI Service. Any unauthorized or prohibited use of any WAI 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.
    • 3.2. Reservation of Rights. WAI retains all right, title and interest in and to the WAI 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 WAI IP, or any of WAI’s rights or interests therein.
  2.  Third Party Intellectual Property Infringement

If you believe that the WAI 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.

  1.  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 WAI Site the material that you claim is infringing may be found, sufficient for WAI 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:

    1. Email, with the subject line “Copyright Notices,” to us here.
    2. Offline:

Wealth Agent Institute Copyright Agent
Wealth Agent Institute, LLC
P.O. Box 26009
Collegeville, PA 19426-6009

If properly notified that any materials infringe a third party’s copyright, WAI will promptly remove such materials from the WAI Site in accordance with the U.S. Digital Millennium Copyright Act, or equivalent laws which are applicable in other jurisdictions. In addition, WAI may, when appropriate, terminate the accounts of repeat copyright infringers.

WAI 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.