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DMCA & Intellectual Property Rights Policy

This DMCA & Intellectual Property Rights Policy explains how Zowin protects its own intellectual property rights and respects the intellectual property rights of others. We strictly comply with the Digital Millennium Copyright Act (DMCA) and related intellectual property laws. Any act of infringement of copyright, trademark, or other intellectual property rights on the platform may result in the removal of the content and processing of the infringing account.

1. Zowin’s Intellectual Property Rights

All content on the Zowin website (excluding user-generated content, if any) is owned or legally used by us. This content includes (but is not limited to):

  • Brand: The name “Zowin”, logo, slogans, symbols, and our other service marks. These brands are protected by trademark and unfair competition laws. You are not permitted to copy or use these marks for any commercial purpose without our express written consent. This also applies to domain names, product names, and related applications that could cause confusion with the Zowin brand.
  • Interface and Design: The entire user interface, website layout, graphic design, icons, and images displayed on the platform. These components are protected by copyright and/or other intellectual property regulations. You are not permitted to copy or redistribute any part of the website interface for public reuse or commercial purposes.
  • Textual Content: Includes articles, game descriptions, guides, documents, and any text drafted on the site by Zowin or its partners. This content is our copyrighted property or we have the legal right to use it. You may read, download, or print content for personal and non-commercial purposes. However, copying, modifying, or republishing all or part of the content for distribution (especially for business purposes) is strictly prohibited without our consent.
  • Games and Software: The casino games, sports betting, RNG software, etc., on Zowin are provided by various leading game developers. Each game and software is protected by the copyright and/or patents of its respective owner. Zowin is granted the right to distribute and allow you to use the games on our platform. However, this does not mean that you own these games. Players are not permitted to reverse engineer, extract source code, create derivative products, or commercially exploit any game/software on Zowin.
  • Database: The data structure, collection of information regarding odds, results, player information, etc., that we compile is also protected. Any act of automated data collection (data mining, scraping) on a large scale without permission violates this policy and may be blocked or processed.

In summary, all intellectual property rights not expressly declared to belong to the user or a third party are automatically vested in Zowin. We reserve all rights to this intellectual property. Your use of our platform does not transfer any intellectual property rights to you except for the limited right to use the services in accordance with the terms.

2. User-Provided Content

Zowin may allow users to create or post certain content on the platform (e.g., profile pictures, comments, reviews, or forum content, if any). Regarding any User-Generated Content (UGC), our policy is as follows:

  • Your Rights: You retain the copyright and all intellectual property rights to the content that you create and post on Zowin (unless it is the intellectual property of a third party). However, by posting content on the platform, you agree to grant Zowin a worldwide, non-exclusive, fully paid, sublicensable, and irrevocable license to use, reproduce, modify, distribute, display, and perform that content within the scope of our services. For example, if you post a comment, we have the right to display it to other users, use it in promotional materials about user experience, or edit it (without altering its core meaning) to fit the page content.
  • Your Responsibility: When posting content, you must ensure that you have the legal right to share that content. This means:
    • The content you create must not copy the work of others without permission. For example, you may not post an article, image, or video that you did not author or own the copyright to, unless it falls under fair use or public domain.
    • The content must not violate the privacy, publicity, or other personal rights of others. Avoid posting the personal information of others or using their images without consent.
    • The content must not contain material that violates the law or ethical standards, including: content inciting hatred, racial discrimination, illegal pornography, defamation, or infringing upon the rights of others.
    • You must also not post unauthorized advertising, marketing, or spam content.
  • Control and Removal: Zowin is not legally responsible for user-posted content; however, we reserve the right to censor, edit, or remove any UGC on the platform that we deem to violate intellectual property rights, policies, or the law. Censorship may occur before or after the content is posted, depending on the case (see the Content Moderation Policy for more on our review process).
  • Notice and Reporting: If you discover content posted by other users that appears to violate copyright or policy, please notify us via [email protected]. We will review and take appropriate action.

3. DMCA Policy – Copyright Infringement Takedown Notice

We adhere to the notice and takedown procedure under the DMCA for copyright infringement claims. If you are a copyright owner (or an authorized agent) and believe that any content on Zowin infringes the copyright of your work, please send us a written Copyright Infringement Notice. The Notice must comply with DMCA requirements, including:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (For example, you can sign as a scan or provide a valid electronic signature).
  • Identification of the copyrighted work claimed to have been infringed. Please describe the work or include a link if the work can be viewed online.
  • Identification of the infringing material on our website that you wish us to remove or disable access to. Please provide a specific URL or sufficient information for us to locate the material. (For example: a link to the page containing the content, or the user account name and a description of the content).
  • Your contact information: including your name, address, telephone number, and email address so that we may contact you.
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (e.g., does not constitute fair use).
  • A statement that the information in the notification is accurate, and under penalty of perjury, you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a valid notice, we will:

  • Promptly investigate and remove or disable access to the allegedly infringing content.
  • Notify the user who posted the content (if possible) that their content has been removed pursuant to the DMCA notice.
  • If appropriate, we may terminate the account of users who are repeat infringers in accordance with our policy and the law.

You may send DMCA notices to the Zowin DMCA Designated Agent at the following contact information:

  • Email: [email protected] (subject line must read: "DMCA Takedown Request").
  • Mailing Address: Legal Department - DMCA, Amadeus Technology B.V., Chuchubiweg, Curaçao.

We encourage submission via email for faster processing.

Note: Under the DMCA, any materially false notification, especially a knowing material misrepresentation that content is infringing, may subject the complaining party to liability for damages, including attorneys’ fees incurred by the affected party. Please only submit a request if you have a reliable basis to believe that the content is infringing your copyright.

4. Counter-Notification

If you are a user whose content has been removed due to a DMCA notice, and you believe that your content does not infringe copyright (e.g., you have the right to use it or the content is not infringing as alleged), you may send us a DMCA Counter-Notification to request restoration of the content.

The Counter-Notification must be in writing and include:

  1. Your physical or electronic signature (the account holder/content poster).
  2. Identification of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed (e.g., URL).
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
  4. Your name, address, telephone number, and email address.
  5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you are outside the United States, that you consent to the jurisdiction of any judicial district in which we may be found), and that you will accept service of process from the person who provided the original copyright infringement notification to us.

Send the Counter-Notification to our DMCA Designated Agent (using the contact information above, email is preferred). Upon receipt of a valid Counter-Notification, we will:

  • Send a copy of the Counter-Notification to the original copyright complainant, informing them that we may restore the removed material within 10 business days unless we receive notice from the complainant that they have filed a court action.
  • If the complainant does not notify us within 10 business days that they have filed an action seeking a court order against you, we will restore the content (e.g., repost the material) within approximately 10-14 business days of receipt of the Counter-Notification.

Note: Sending a DMCA Counter-Notification means you agree to resolve the dispute in court (if the complainant decides to sue). If you are unsure about the copyright situation, you should consult with an attorney before submitting a Counter-Notification.

5. Repeat Infringers and Sanctions

Zowin has a policy of terminating the accounts of users who are found to be repeat copyright infringers in appropriate circumstances. A “repeat infringer” is generally understood to be a user who has been notified of copyright infringement two or more times. We will track and maintain a record of DMCA notices and the resulting actions.

In addition, acts infringing other intellectual property rights (not just copyright) may also lead to sanctions:

  • Trademark Infringement: Unauthorized use of Zowin’s trademarks or the trademarks of others on the platform may result in content removal, warnings, or account suspension, depending on the severity.
  • Trade Secret or Software Copyright Infringement: If a user is found to deliberately attempt to access, steal source code, algorithms, or our technological secrets, we reserve the right to immediately terminate services and may pursue legal remedies.

We reserve the right to take any action we deem appropriate in response to intellectual property violations, including coordinating with intellectual property owners, reporting to law enforcement agencies, or litigation if necessary.

6. Fair Use and Exceptions

Zowin respects the principle of fair use under copyright law and other legal exceptions. If you believe that your use of the allegedly infringing content actually falls within the scope of fair use or is permitted (e.g., quoting for commentary, public domain content, etc.), please clearly state that in your Counter-Notification as guided in section 4.

We review each case based on context and current legal regulations. Our goal is to protect the legitimate rights of content owners while not unduly affecting the freedom of speech and creativity of users.

7. Additional Information

  • Links and Third-Party Content: The Zowin platform may contain links to third-party websites or content. We do not control the content of those sites and are not responsible for any intellectual property violations that occur on third-party websites. Users must adhere to the terms of those sites when accessing them.
  • Third-Party Software: Some games or applications on Zowin may utilize third-party software (e.g., plugins, open-source libraries). We comply with relevant licenses (such as GPL, MIT, etc.) and provide copyright/license information in the “About” section or in a note accompanying the game if required. If you believe that any third-party software component has not been properly acknowledged, please inform us.
  • Training and Awareness: We train our technical staff and administrators on the importance of adhering to intellectual property rights, both in product development and content operation. Any employee who seriously violates the IP policy will face internal disciplinary action.

This DMCA & IP Policy aims to establish a clear legal framework to protect the rights of all parties. If you have further questions about intellectual property rights on Zowin, please contact our Legal Department via [email protected]. We will endeavor to respond as soon as possible.

(Note: This Policy should be read in conjunction with the Terms of Service and the Content Moderation Policy for a comprehensive understanding of how we manage content on the platform.)

8. Policy Changes

This policy shall be formally reviewed at least once per year, or earlier in the event of regulatory updates or material changes, whichever occurs first.