Copyright Policy

APP Kiktag is an intermediary platform for users to record and share wonderful moments of life (the “Service”). Kiktag respects intellectual property and has adopted a general policy regarding intellectual property in accordance with the Copyright Act.

This policy constitutes the integral part of the Terms of Services of Kiktag and shall be read together with Terms of Services. The use of services provided by Kiktag shall be deemed acceptance of this policy.

To make use of Kiktag Service, You, as a User, shall ensure that you have the rights to upload to Kiktag any content under applicable law of your residence and such content shall not infringe the rights of any third parties and such content shall not violate any applicable laws and/or regulations.

Kiktag reserves the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes any copyrights, trademark or other intellectual property rights.

This Policy sets out how Kiktag responds to alleged intellectual property infringements on APP Kiktag .

Copyright Infringement Notice

Kiktag prohibits any content which constitutes copyright infringement and it will cause infringement if you use copyrighted work of others without authorization or other reasonable legal basis. In some cases, we may request you provide evidence proving you have right to use copyrighted work.

Copyright Violation Notification Process

If a person believes that his or her (its) copyright-protected work was posted on Kiktag site or app, or otherwise hosted by Kiktag , without authorization, he or she may submit a copyright infringement notification.

The notification must include the following information:

1. Information of copyright owner, including name of person or entity, an email address, physical address or phone number so that Kiktag and the uploader (the “User”) of the work can reach to the copyright owner. Authorization letter is required for an authorized representative of the copyright owner.

2. A clear and complete description of the work that you believe has been infringed. Preliminary proof for copyright infringement including certificate of right, including but not limited to copyright certificate issued by authorized institution, materials shows the publication date of copyrighted work, etc.

3. The URL or other identifying location of the allegedly infringing work.

4. A statement that the copyright owner has a good faith belief that use of the work in the manner complained of is not authorized by the copyright owner, its agent, or law.

5. A statement made under penalty of perjury, that the above information is accurate, and in the case of agency that a representative is authorized to act on behalf of the owner.

6. The physical or electronic signature and/or seal of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, full legal name (not that of a company) at the bottom of your notification is required.

Submit the above information to us:

By Email: [email protected]

All information submitted in the copyright infringement notification (including your name, address, phone and email address) may be forwarded to who posted the allegedly infringing work in question.

Counter-Notification Process

If Kiktag receives a valid notification of alleged copyright infringement (the “Notification”), Kiktag will take reasonable steps to contact the User who uploaded to APP Kiktag the relevant allegedly infringing material (the "Material"); and the User may then submit a valid counter-notification in relation to the Notification (the "Counter-Notification"). During the process, Kiktag would remove the infringing work or disable access to the work in question until the dispute is resolved.

Please note that Kiktag may provide copies of any Notifications or Counter-Notifications to any person when required by law or as otherwise reasonably required by us to protect our interests.

A counter-notification must include the following information of the User:

1. The contact information, including full legal name, an email address, a physical address, and a phone number. An authorized representative of the User such as an attorney shall provide authorization letter between the representatives and represented.

2. Identify the location, including any URL, of the work that has been removed or disabled.

3. Preliminary proof for not constituting infringement, including certificate of right, including but not limited to copyright certificate issued by authorized institution, materials showing the publication date of your copyrighted work, etc.

4. The User shall agree to and include the following statement: "I consent to the jurisdiction courts for the district in which my address is located, or if my address is outside, the judicial district in which Kiktag is located, and will accept service of process from the claimant." And the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the work was removed or disabled as a result of a mistake or misidentification of the work to be removed or disabled."

5. The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, the User shall type his or her full legal name (not that of a company) at the bottom of the electronic counter-notification.

Submit the above information to us:

By Email: [email protected]

The counter-notification process may take up to 10 business days to complete, so please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down. Please note that Kiktag will forward the entire counter notice to the copyright claimant, including any personal information the User provides and the counter-notification may be made public. The claimant may use this information to file a lawsuit against the User.

The decision to re-post any work is at Kiktag sole discretion.

Note

Either the copyright claimant or the User (the alleged infringer), please think twice before submitting a copyright infringement notification or counter-notice, especially if you are unsure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial consequences for fraudulent and/or bad faith submissions. Please be sure that you are the actual rights holder, or that you have a good faith belief that the work was removed in error, and that you understand the repercussions of submitting a false claim.

Trademark Infringement Notice

Kiktag prohibits any content which constitutes trademark infringement and it will cause infringement if you use trademark of others without authorization or other reasonable legal basis. In some cases, we may request you provide evidence proving you have right to use copyrighted work.

Trademark Violation Notification Process

If a person believes that his or her (its) trademark was posted on Kiktag site or app, or otherwise hosted by Kiktag , without authorization, he or she may submit a trademark infringement notification.

The notification must include the following information:

1. Information of copyright owner, including name of person or entity, an email address, physical address or phone number so that Kiktag and the uploader of the work can reach to the trademark owner. Authorization letter is required for an authorized representative of the trademark owner.

2. A clear and complete description of the trademark that you believe has been infringed. Preliminary proof for trademark infringement including certificate of right, including but not limited to trademark certificate issued by authorized institution, materials shows the publication date of trademark, etc.

3. The URL or other identifying location of the allegedly infringing trademark, and a description of how the content has been infringing your trademark.

4. A statement that the trademark owner has a good faith belief that use of the trademark in the manner complained of is not authorized by the trademark owner, its agent, or law.

5. A statement made under penalty of perjury, that the above information is accurate, and in the case of agency that a representative is authorized to act on behalf of the owner.

6. The physical or electronic signature and/or seal of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, full legal name at the bottom of your notification is required.

Submit the above information to us:

By Email: [email protected]

All information submitted in the trademark infringement notification (including your name, address, phone and email address) may be forwarded to who posted the allegedly infringing trademark in question.

Counter-Notification Process

If Kiktag receives a valid notification of alleged trademark infringement (the “Notification”), Kiktag will take reasonable steps to contact the User who uploaded to APP Kiktag the relevant allegedly infringing material (the "Material"); and the User may then submit a valid counter-notification in relation to the Notification (the "Counter-Notification"). During the process, Kiktag would remove the infringing trademark or disable access to the trademark in question until the dispute is resolved.

Please note that Kiktag may provide copies of any Notifications or Counter-Notifications to any person when required by law or as otherwise reasonably required by us to protect our interests.

A counter-notification must include the following information of the User：

1. The contact information, including full legal name, an email address, a physical address, and a phone number. An authorized representative of the User such as an attorney shall provide authorization letter between the representatives and represented.

2. Identify the location, including any URL, of the trademark that has been removed or disabled.

3. Preliminary proof for not constituting infringement, including certificate of right, including but not limited to trademark certificate issued by authorized institution, etc.

4. The User shall agree to and include the following statement: "I consent to the jurisdiction courts for the district in which my address is located, or if my address is outside the country, the judicial district in which Kiktag is located, and will accept service of process from the claimant." And the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the work was removed or disabled as a result of a mistake or misidentification of the work to be removed or disabled."

5. The physical or electronic signature of the trademark owner or an authorized representative of the trademark owner. To satisfy this requirement, the User shall type his or her full legal name at the bottom of the electronic counter-notification.

Submit the above information to us:

By Email: [email protected]

The counter-notification process may take up to 10 business days to complete, so please be patient. During this time, the trademark claimant may file an action seeking a court order to keep the content down. Please note that Kiktag will forward the entire counter notice to the trademark claimant, including any personal information the User provides and the counter- notification may be made public. The claimant may use this information to file a lawsuit against the User.

The decision to re-post any work is at Kiktag sole discretion.

Note

Either the trademark claimant or the User (the alleged infringer), please think twice before submitting a trademark infringement notification or counter-notice, especially if you are unsure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial consequences for fraudulent and/or bad faith submissions. Please be sure that you are the actual rights holder, or that you have a good faith belief that the work was removed in error, and that you understand the repercussions of submitting a false claim.

Repeated Infringement

Any User content which infringes intellectual property of any third party would be deleted. Your account may be suspended or terminated as a result of violation of multiple infringement or other breaching of terms of service and any community guideline issued by Kiktag from time to time.

General Consideration

As a User of Kiktag , you shall be responsible for what you upload. Any doubts regarding copyright law or trademark law, such as not sure whether some materials infringe others’ intellectual property right, you may need to seek for legal advice and then submit the claim to us.

Complainant shall bear all responsibility and compensate for any losses caused by handling of the relevant account by Kiktag according to the complainant’s infringement notice in case infringing materials is not completely true, including but not limited to losses arising out of compensation by Kiktag to the third party, of reputation or goodwill of Kiktag .

We may contact you in case of any query to your report or notice. Please note that Kiktag cannot verdict disputes among third parties and may not be able to delete content or account alleged infringing. Copyright or trademark infringement notice and counter-notice shall be written in English. We are entitled to, at our sole discretion, determine not to accept non-English notice.

Kiktag copyright announcement

The short video materials or templates in the Kiktag function except for officially announced materials or templates produced by Kiktag in collaboration with its partners, are results of voluntary uploads by Kiktag Users. Kiktag does not assume responsibility for the videos uploaded by these users.

Modification of the policy

Kiktag may amend this policy from time to time in accordance with development of internet or changes in relevant laws, regulations or regulatory documents. In case of any change of this policy, Kiktag will publish revised version of this policy on Kiktag app and website. The revised policy shall take effect from the date of new terms. Kiktag may notify material changes in this policy by email or private message notification.