This Intellectual Property (IP) / DMCA Policy (“Policy”) outlines the principles, rights, and procedures governing intellectual property ownership, protection, infringement reporting, and takedown mechanisms on Codoser.com (“Codoser,” “we,” “our,” “us”).
Codoser respects the intellectual property rights of authors, creators, buyers, and third parties, and expects all users to do the same. This Policy complies with international IP standards, including the Digital Millennium Copyright Act (DMCA), the Berne Convention, WIPO treaties, the Indian Copyright Act, 1957, and other applicable global IP laws.
By using the platform, users agree to abide by this Policy and cooperate with IP enforcement mechanisms.
1. Scope of the Policy
1.1 This Policy applies to all users — authors, buyers, affiliates, and visitors — using or accessing Codoser’s platform.
1.2 It governs intellectual property ownership, infringement reporting, DMCA takedowns, counter-notices, trademark use, and related legal processes.
1.3 It applies globally, with localized procedures for compliance with regional laws.
2. Intellectual Property Acknowledgment
2.1 All products on Codoser are protected by copyright and other intellectual property laws.
2.2 Copyright ownership remains with the author or the rightful rights holder.
2.3 Buyers receive licenses, not ownership, as defined in the License Policy.
3. User Responsibility
3.1 Users must only upload, sell, or distribute content they own or have legal rights to use.
3.2 Uploading infringing content, whether intentionally or negligently, violates this Policy and may result in account suspension, removal of content, and legal liability.
3.3 Users are responsible for ensuring that their use of third-party materials complies with relevant licenses.
4. Prohibited Infringing Activities
4.1 Users may not:
4.2 Violation of these prohibitions constitutes a breach of this Policy and applicable laws.
5. Ownership of Uploaded Content
5.1 Authors retain full copyright ownership of the products they create and upload.
5.2 By uploading, authors grant Codoser a limited, non-exclusive, worldwide license to host, display, market, and distribute their content.
5.3 This license is solely for marketplace operation and does not transfer ownership to Codoser.
6. Trademarks and Branding
6.1 Authors and buyers must respect trademark laws.
6.2 Unauthorized use of third-party logos, names, or branding in product listings or marketing is strictly prohibited.
6.3 Buyers may not register or claim trademarks derived from licensed products.
7. Platform’s Role
7.1 Codoser acts as an intermediary platform, not a publisher or IP owner (except for platform-owned assets).
7.2 Codoser facilitates transactions and enforces policies, but is not responsible for content uploaded by users.
7.3 Codoser will act promptly when notified of infringing content in compliance with applicable law.
8. International Legal Framework
8.1 This Policy adheres to:
8.2 These frameworks collectively form the legal basis for IP protection and enforcement.
9. Copyright Ownership Evidence
9.1 Claimants must provide credible evidence of ownership when submitting infringement reports.
9.2 Acceptable evidence includes registration certificates, publication records, original source files, or signed agreements.
10. DMCA Takedown Notice — Overview
10.1 Codoser follows the DMCA procedure for content allegedly infringing copyright.
10.2 Upon receiving a valid DMCA notice, Codoser will promptly remove or disable access to the allegedly infringing material and notify the uploader.
11. Elements of a Valid DMCA Notice
11.1 A valid DMCA takedown notice must include:
12. Takedown Notice Submission
12.1 Claimants must submit DMCA or copyright notices through Codoser’s designated reporting form or official email.
12.2 Incomplete or invalid notices may be rejected or delayed.
13. Notice Review and Action
13.1 Codoser reviews notices for validity and authenticity.
13.2 If valid, infringing content will be removed or disabled promptly.
13.3 The uploader will be notified with a copy of the notice and information on how to submit a counter-notice.
14. Counter-Notice Procedure
14.1 Uploaders may submit a counter-notice if they believe the takedown was made in error or under misrepresentation.
14.2 The counter-notice must include:
15. Restoration of Content After Counter-Notice
15.1 Upon receiving a valid counter-notice, Codoser will forward it to the original complainant.
15.2 If the complainant does not file legal action within the statutory period (typically 10–14 business days), the content may be restored.
16. Repeat Infringer Policy
16.1 Codoser enforces a strict repeat infringer policy.
16.2 Accounts repeatedly involved in IP infringement will be suspended or terminated.
16.3 Repeat infringement includes multiple takedowns, even across different products or timeframes.
17. False or Fraudulent Claims
17.1 Submitting false infringement notices or counter-notices is a serious violation.
17.2 False claims may result in account termination and legal liability for damages under applicable law.
18. Notification to Affected Users
18.1 When content is removed due to a takedown, the uploader will be notified promptly.
18.2 Notifications will include details of the claim and instructions for filing a counter-notice.
19. Confidentiality of Notices
19.1 Codoser may share full copies of takedown and counter-notices with the involved parties.
19.2 Claimants understand that their information may be disclosed to the alleged infringer for due process.
20. Non-Copyright IP Infringements
20.1 This Policy also covers trademarks, trade secrets, and patents.
20.2 Trademark owners may report unauthorized use through similar procedures.
20.3 Patent disputes may require formal legal proceedings, but Codoser may voluntarily remove infringing content upon credible evidence.
21. Trademark Disputes
21.1 Trademark owners must provide registration certificates or other legal proof of ownership.
21.2 Codoser will act on valid complaints of misuse, impersonation, or infringement of registered marks.
21.3 Unauthorized use in product names, branding, or promotional material is prohibited.
22. Copyright vs. License Violations
22.1 Not all disputes are copyright infringement. Some involve license violations (e.g., misuse by a buyer).
22.2 License disputes are handled under the License Policy and may involve mediation, not takedowns.
23. Misuse of DMCA for Anti-Competitive Behavior
23.1 Using DMCA notices to target competitors without legitimate claims is strictly prohibited.
23.2 Such behavior may result in legal action and account termination.
24. Removal of Infringing Products
24.1 Infringing products are removed from the marketplace upon valid notice.
24.2 Buyers who previously purchased such products may lose access if legally required.
24.3 Refunds may be issued under the Refund & Cancellation Policy where applicable.
25. Legal Cooperation with Authorities
25.1 Codoser cooperates with law enforcement, regulatory bodies, and IP agencies for investigations.
25.2 Relevant data may be shared upon lawful request.
26. International Jurisdictions
26.1 Infringement notices and counter-notices are evaluated under relevant jurisdictional laws, including:
26.2 Jurisdiction depends on the claimant’s location, server location, and contractual terms.
27. Timeframes for Resolution
27.1 Takedowns and counter-notices are typically processed within 5–14 business days.
27.2 Complex international claims may take longer due to legal verifications.
28. Account Consequences for Infringement
28.1 Accounts found responsible for infringement may face:
28.2 Penalties depend on severity and frequency.
29. License Revocation for Buyers Using Pirated Material
29.1 Buyers who knowingly use pirated, nulled, or unauthorized copies of products will have their licenses revoked and accounts terminated.
29.2 Legal action may follow in severe cases.
30. Educational and Fair Use Exceptions
30.1 Codoser respects fair use and educational exceptions as defined under relevant copyright laws.
30.2 Users invoking fair use must provide legal justification upon notice.
31. Preservation of Evidence
31.1 When a takedown or counter-notice is filed, Codoser may preserve relevant logs, metadata, and records for legal proceedings.
31.2 These records may include upload timestamps, IP addresses, account activity, and transactional data.
31.3 Preservation ensures compliance with legal obligations and supports dispute resolution.
32. Confidentiality and Privacy of IP Claims
32.1 All IP infringement claims and related correspondence are treated with confidentiality.
32.2 However, relevant details may be shared with the alleged infringer, authorities, or courts as required for due process.
32.3 Personal data processing during IP claims follows Codoser’s Privacy Policy and applicable data protection laws (e.g., GDPR, CCPA).
33. Obligations of Authors Regarding IP
33.1 Authors must ensure their products do not infringe third-party intellectual property rights.
33.2 Authors are responsible for securing necessary licenses, permissions, or releases before uploading content.
33.3 Authors must promptly respond to IP-related communications from Codoser or claimants.
34. Obligations of Buyers Regarding IP
34.1 Buyers must use licensed products in accordance with the License Policy.
34.2 Buyers may not redistribute, resell, or upload licensed products elsewhere unless expressly allowed.
34.3 Buyers are responsible for ensuring their use does not infringe others’ IP rights.
35. Removal of Duplicate or Nulled Items
35.1 Codoser actively monitors for unauthorized copies (“nulled” items) of products listed on the marketplace.
35.2 Identified duplicates will be promptly removed, and offending accounts investigated.
35.3 Authors are encouraged to report piracy of their products inside or outside the platform.
36. Piracy and External Distribution
36.1 Users must not distribute products obtained from Codoser to external forums, file-sharing sites, or pirate marketplaces.
36.2 Sharing product files outside licensed usage is considered willful copyright infringement.
36.3 Codoser works with third-party anti-piracy services to track and remove unauthorized distributions.
37. Cooperation with Authors for Enforcement
37.1 Codoser may assist authors in enforcing their IP rights by providing evidence, metadata, and procedural support.
37.2 Authors remain legally responsible for pursuing infringement claims outside the platform.
37.3 Codoser does not act as a legal representative but may facilitate escalation.
38. Repeat Offenders and Escalated Enforcement
38.1 Accounts repeatedly violating IP policies will face escalating consequences, including permanent bans and legal referrals.
38.2 “Repeat offender” status may be determined based on frequency, nature, and severity of violations.
38.3 Once designated, these users may be permanently blocked from future registrations.
39. Cross-Border IP Enforcement
39.1 Codoser operates globally and may act on infringement claims originating from any jurisdiction with valid legal grounds.
39.2 International takedown requests are processed under applicable treaties and local laws.
39.3 Users involved in cross-border IP disputes must cooperate with jurisdictional requirements.
40. Legal Liability of Infringing Users
40.1 Users who upload or distribute infringing content are personally liable for damages, penalties, and legal consequences.
40.2 Codoser reserves the right to recover any platform costs arising from such infringements (e.g., legal fees, settlements, penalties).
40.3 Authors remain independently responsible for the content they upload.
41. Indemnification
41.1 Users agree to indemnify and hold harmless Codoser, its employees, officers, and partners from any claims, damages, or legal costs arising out of:
41.2 This indemnification survives account termination.
42. Interaction with Other Policies
42.1 This Policy works in conjunction with:
42.2 In case of conflict, this Policy governs IP and infringement-related matters.
43. Educational Use and Exceptions
43.1 Limited use of content for educational, research, or criticism purposes may qualify as fair use or equivalent exceptions under relevant laws.
43.2 Users claiming such exceptions must provide legal justification upon request.
43.3 Misuse of fair use claims may result in account action.
44. Counterfeit or Misleading Branding
44.1 Uploading products that imitate or counterfeit another brand, product, or author’s identity is strictly prohibited.
44.2 This includes misleading titles, logos, screenshots, or product descriptions.
44.3 Offending products will be removed, and authors may face legal action.
45. Trademark Dilution and Misuse
45.1 Users must not use trademarks in ways that dilute, tarnish, or infringe registered marks.
45.2 Comparative use is allowed only when truthful, non-deceptive, and compliant with applicable laws.
45.3 Misuse of trademarks may trigger removal and legal escalation.
46. Legal Notices and Communication
46.1 All legal notices related to IP claims must be sent to the official legal contact address provided by Codoser.
46.2 Notices must include sufficient identification of the claim and evidence.
46.3 Improperly addressed notices may not be processed promptly.
47. Timeframes for Responding to Claims
47.1 Claimants typically receive acknowledgment within 2–5 business days of filing a notice.
47.2 Counter-notices are evaluated and processed within legally mandated timeframes (e.g., 10–14 days under DMCA).
47.3 Delays may occur in cross-border or complex cases.
48. Suspension During Legal Proceedings
48.1 If a dispute escalates to formal legal proceedings, Codoser may suspend the involved content pending final adjudication.
48.2 This protects all parties and minimizes potential liability during litigation.
49. Third-Party Platforms and Piracy Tracking
49.1 Codoser may work with anti-piracy agencies, legal tech partners, and third-party platforms to track infringing copies and issue external takedowns.
49.2 Authors may opt in to extended piracy protection services where available.
50. Disclaimer of Liability for User-Generated Content
50.1 Codoser is not liable for IP infringements caused by content uploaded by users, as per safe harbor provisions under DMCA §512 and India’s IT Act §79.
50.2 Liability rests solely with the user responsible for uploading or distributing the infringing material.
51. Policy Transparency and Education
51.1 Codoser provides accessible information about IP laws and reporting mechanisms through its Help Center and policy documents.
51.2 Educational resources may include guides on licensing, copyright basics, and responsible usage.
52. Policy Review and Legal Updates
52.1 This Policy is reviewed periodically to reflect changes in IP laws, treaties, and enforcement practices.
52.2 Codoser updates procedures as required to remain compliant with global legal frameworks.
53. No Waiver
53.1 Failure by Codoser to enforce any provision of this Policy does not constitute a waiver of future enforcement rights.
54. Severability
54.1 If any provision of this Policy is found invalid or unenforceable by law, the remaining provisions shall continue in full force and effect.
54.2 Unenforceable provisions will be replaced with legally valid terms closest in intent.
55. Governing Law and Jurisdiction
55.1 This Policy is governed by the laws of India, the Berne Convention, and relevant international treaties.
55.2 Jurisdiction for disputes follows the Terms of Use and applicable IP laws based on the parties involved.
56. Policy Modifications
56.1 Codoser may modify or update this Policy at any time to reflect legal, operational, or industry changes.
56.2 Updated versions are published on the platform without prior individual notice.
57. User Responsibility to Stay Informed
57.1 Users are responsible for reviewing this Policy periodically.
57.2 Continued use of the platform after updates constitutes acceptance of the revised Policy.
58. Integration with Platform Terms
58.1 This Policy forms an integral part of the Codoser Terms of Use.
58.2 Breaches of this Policy may simultaneously constitute breaches of other platform agreements.
59. International Enforcement Cooperation
59.1 Codoser cooperates with international organizations, legal bodies, and enforcement agencies to address cross-border piracy and IP violations.
59.2 Cooperation may include information sharing, coordinated takedowns, and legal representation in foreign jurisdictions.
60. User Acknowledgment
60.1 By using Codoser, users acknowledge that they have read, understood, and agreed to comply with this Intellectual Property / DMCA Policy.
60.2 Compliance is a mandatory condition for participation in the marketplace as an author, buyer, or affiliate.
