Copyright and Intellectual Property Policy
I. General Provisions
1.1 All intellectual property rights in and to the Site and OnePlus products or services, and their entire contents, features, and functionality (including but not limited to all information, software, text, graphics, trademarks, logos, displays, images, artwork, computer code, video, and audio (collectively, “Content/Materials”), and the design, structure, selection, arrangement, and expression of such Content/Materials) are owned by OnePlus, its licensors, or other providers of such material (such as open-source software) and are protected by United States and international copyright, trademark, patent, trade secret, trade dress, and other intellectual property rights and unfair competition laws. Any unauthorized use of the Content/Materials may violate such laws.
1.3 OnePlus’s Site, products, or services may contain interactive features that allow you to upload, post, submit, store, publish, share, display, create, transmit, or otherwise provide words/text, documents, images, audio, video, software, media files, and other information, content, or materials (collectively, “User Content”). You undertake to have full intellectual property rights to (or to have been legally authorized by the relevant rights owners of) the above-mentioned User Content that you have uploaded, posted, submitted, stored, published, shared, displayed, created, transmitted, or otherwise provided, and not to infringe the legal rights of any third parties.
1.4 When you share User Content, you continue to own any intellectual property rights that you have therein. However, any such User Content will be considered non-confidential and non-proprietary. By sharing any User Content through the interactive features contained in OnePlus’s Site, products, or services, to the fullest extent permitted under applicable law, you agree to grant to OnePlus and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a non-exclusive, perpetual, unlimited, worldwide, royalty-free, and irrevocable right to use, copy, reproduce, modify, perform, display, distribute, translate, publish, and otherwise disclose to third parties (including but not limited to creation of derivative works or participation in the transfer or sale of) any such User Content for any purpose. You further agree that OnePlus may sublicense such rights.
II. DMCA Notice of Copyright Infringement
2.1 We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on the Site (or through your use of any interactive features contained in the Site or in any OnePlus products or services) infringe any copyright of which you are an owner or agent, you may request removal of those materials (or that access to them be disabled) by submitting written notification to our copyright agent designated below (“Copyright Agent”). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if the notification involves multiple copyrighted works on the Site, a representative list of such works;
- 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 (e.g., URL address) to permit us to locate the material;
- Adequate information by which we can contact you, the complaining party (including your name, postal address, telephone number, and, if available, email address);
- A statement that you, the complaining party, have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the written DMCA Notice is accurate; and
- A statement, under penalty of perjury, that you, the complaining party, are the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2.2 Our designated Copyright Agent to receive DMCA Notices is:
ONEPLUS USA CORP.
Attn: Copyright Compliance Department
Riverside Commons, 5000 Riverside Drive, Building 5, Suite 300, Irving, Texas 75039 (469) firstname.lastname@example.org
2.3 Upon receipt of a fully completed and signed DMCA Notice, we will remove or disable access to the allegedly infringing material, and will promptly notify the party who posted the material, by sending them a copy of the DMCA Notice (including your name and contact information), that said material has been removed or that access to it has been disabled.
2.4 If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
2.5 Please be aware that if you knowingly, materially misrepresent that material or activity is infringing a copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
III. DMCA Counter-Notice
3.1 If you receive a DMCA Notice because your User Content is claimed to infringe a copyright, but you believe in good faith that your User Content is not infringing or that you have authorization to us the material, you may, in accordance with the DMCA, file a written counter notification (a “Counter Notice”) with our Copyright Agent (designated above) that must include substantially the following:
- Your physical or electronic signature;
- 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 to it was disabled (e.g., URL address);
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as the result of a mistake or misidentification of the material to be removed or disabled; and
- A statement that you will consent to the jurisdiction of the United States District Court for the judicial district in which your physical address is located (or if you reside outside the United States, for any judicial district in which OnePlus may be found) and that you will accept service of process from the person (or an agent of the person) who submitted the original DMCA Notice at issue.
3.2 If you submit a Counter Notice, a copy of the Counter Notice, including your name and contact information, will promptly be sent to the copyright owner or party who submitted the original DMCA Notice (and we will inform the copyright owner or party who submitted the original DMCA Notice that we will replace the removed material or cease disabling access to it in ten (10) business days).
3.3 We will replace the removed material and cease disabling access to it no less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, unless the Copyright Agent first receives notice from the party who submitted the original DMCA Notice (i.e., within ten (10) business days of such party receiving a copy of your Counter Notice) that such party has filed an action seeking a court order to restrain you from engaging in the allegedly infringing activity.
3.4 If you fail to comply with all of the requirements of Section 512(g)(3) of the DMCA, your Counter Notice may not be effective.
3.5 Please be aware that if you knowingly, materially misrepresent that material or activity was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
IV. Repeat Infringers
4.1 It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are found to repeatedly infringe or are repeatedly charged with infringing the copyrights of others. Accordingly, OnePlus may in its sole discretion, taking Counter Notices into consideration, suspend, disable, and/or terminate the accounts of users who have been identified as engaging in infringing activities or for other, related reasons. OnePlus shall reserve the right to seek indemnity from you for any losses.