Intellectual
Property Policy
Last Update: September 9, 2024
User Guidelines
This Intellectual Property Policy describes how we handle claims of intellectual property infringement on WindowSeat’s websites, applications and services (the “WindowSeat Services”).
WindowSeat respects intellectual property rights and expects its users to do the same. In using the WindowSeat Services, users must comply with the WindowSeat User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.
Copyright
What is copyright
Copyright is a legal right that seeks to protect original works of authorship (e.g., music, artwork, books). The owner of a copyright has the exclusive right to make certain uses of a creative work including copying, distributing, and displaying that work. Generally, copyright protects original expression; it does not protect facts and ideas. Copyright also generally doesn’t protect things such as names, titles and slogans; however, another legal right called a trademark may apply (see below).
There are some exceptions to copyright. For example, in certain countries, a non-rights holder may be allowed to use another’s copyright if that use is fair, such as for the purposes of review, critique, or parody.
How to report copyright infringement
If you are a copyright holder, or their agent, and you believe that any material available via the WindowSeat Services infringes your copyrighted work, please use this web form to submit a notice of alleged copyright infringement. Alternatively, a notice of alleged copyright infringement may be sent to WindowSeat’s designated copyright agent at the following address, with the following information:
- Specific identification of each copyrighted work claimed to have been infringed;
- A description of where the material believed to be infringing is located on the WindowSeat Services or the WindowSeat Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
- Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law (such as fair use); and
- A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; and
- A statement that you understand that your contact information and/or notice will be provided to the alleged infringing party, and retained as long as required for legal purposes.
Without the above, we may not have sufficient information to process your claim.
WindowSeat’s designated copyright agent can be reached as follows:
Whatsoever, LLC d/b/a WindowSeat Attn: Legal Department 16051 Addison Rd, Suite 300, Addison, TX 75001
infringement-claim@WindowSeat.com
When you submit a copyright claim, WindowSeat may pass your name and email address to the allegedly infringing party, and retain your information as long as required for legal purposes. Please note, fraudulent reports or other misuse of this process may result in the termination of your account and/or legal consequences. You may wish to consult an attorney before submitting a claim.
WindowSeat also has a policy to terminate, in appropriate circumstances, the accounts of repeat infringers.
Trademark
What is trademark
A trademark is a word, slogan, symbol or design (e.g., brandname, logo) that distinguishes the products or services offered by one person, group, or company from another. Generally, trademark law seeks to prevent confusion among consumers about who provides or is affiliated with a product or service.
How to report trademark infringement
If you are a trademark holder, or their agent, and you believe content available on the WindowSeat Services infringes your trademark rights, please use this web form to submit a notice of alleged trademark infringement. WindowSeat may pass your name and email address to the allegedly infringing party, and retain your information as long as required for legal purposes. WindowSeat also has a policy to terminate, in appropriate circumstances, the accounts of repeat infringers.
How We Handle Claims
Any content that infringes on another’s copyright or trademark may be removed. WindowSeat also has a repeat infringer policy, meaning that a user or creator responsible for multiple violations may have their account terminated. If content is reinstated following an appeal or because a rights holder is retracting a claim, our repeat infringer policy will reflect that accordingly.
If you believe your content or account has been mistakenly actioned, or if you would like to request another review of WindowSeat’s decision on your claim, you may have an opportunity to submit an appeal. Instructions concerning how to appeal are contained in the email correspondence we will send you regarding the claim.
In addition to reports from users and rights holders, we leverage a combination of automated and manual signals to detect and remove content that may infringe on another’s intellectual property. We are continuously evolving our efforts to protect the intellectual property of creators.