IP and PR Policy
Swapee is a community built on respect and recognition of artists. We ask, rather we beg, that you remember this when you are posting work on Swapee. When you make sure that the works you upload are your own original ideas and do not infringe the intellectual property or publicity rights of another, you help us foster the supportive and creative environment that is Swapee. Besides being counter to everything Swapee stands for, stealing other people's work and passing it off as your own is against the law.There are several international treaties that relate to intellectual property, but the laws are not uniform across the world. However, generally speaking...COPYRIGHT law protects the expression of an original idea recorded in a tangible form, such as artwork in the form of photographs or paintings and literary works in the form of poems or stories.TRADEMARK law protects the use of words, symbols, designs, or logos that identify and distinguish a source of goods.PUBLICITY RIGHTS protect an individual's name, image, and likeness. Basically this means you cannot use someone else's identity, for your commercial advantage, without their consent.
A NOTE ON FAIR USE: You might be able to incorporate someone else's copyright or trademark into your own work if you do it in such a way that is considered "fair use" or qualifies as another permissible use. However, please be aware that "fair use" typically applies in limited circumstances and is not the same as freedom of speech. Quite frankly, "fair use" is a difficult concept, even for the experts, and the scope of fair use differs across countries. Even if you think you have created a work covered by fair use or another permissible use, you should talk to an attorney before using it in connection with the Swapee service. While some uses might appear fair or permissible to you, understand that Swapee must act in accordance with its Notice and Takedown procedure when a report has been received. Additionally, certain works may be taken down without a specific report being received if we are alerted to potential infringement issues.Ultimately, you take full responsibility for the works you upload and display on Swapee. This is reflected in the Terms of Service. Use of the Swapee website indicates continued acceptance of this agreement.So please do us all a favor: if someone has created or owns the rights to a picture, painting, photograph, logo, story, poem, or any other work, copyright, trademark, or publicity right (regardless of whether it is an individual or a large global company), obtain consent before you use that work in connection with the Swapee service. This helps ensure that you do not infringe the rights of any third party and helps us promote an encouraging and inspired environment filled with wit, soul, meaning, and aesthetic genius.REPEAT INFRINGER POLICY: It is Swapee's policy, in appropriate circumstances, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademark rights, other intellectual property rights, or publicity rights of others.
Notice and Takedown Procedure - Reports and Complaints
Swapee respects the intellectual property rights of others and we ask our users to do the same.If you believe that your content has been used in a way that infringes your rights, please notify Swapee's designated agent for complaints (submit form below) by sending a Notice and Takedown Report that includes the following important information:an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter;- description of the matter claimed to have been infringed;
- description of where the claimed infringing content is located on the Swapee website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- statement by you, made under penalty of perjury, that:
- the above information is accurate; and
- you are authorized to act on behalf of the owner of the rights involved.
Please use the Notice and Takedown Report Form to submit your report. For all other IP complaints, you can reach us at hello@swapee.com.Additionally, in certain circumstances, Swapee may suspend or terminate users who, in our opinion, purposely infringe the copyrights, trademarks, publicity rights, or other rights of others.