Copyright Policy

LearningZen respects and follows all legal statues related to the intellectual property rights of others in accordance with the Digital Millennium Copyright Act (DMCA). We prohibit all users from uploading, posting or otherwise transmitting on the LearningZen website or through all related services any materials, commercial or non commercial, that violate the intellectual property rights of other parties and individuals. LearningZen has a designated copyright agent to receive and manage notices of claimed copyright infringement.

Notification of Alleged Copyright Infringement

The following information must be sent to our designated copyright agent to properly review all claims of potential copyright infringement made in good faith.

  1. An electronic or physical signature of the individual claiming infringement or person(s) representing and acting on behalf of the copyright interest;
  2. A detailed description of the copyrighted work potentially infringed;
  3. A detailed description of the location on the LearningZen site of the copyrighted material that that may be infringed;
  4. A postal address, telephone number and e-mail address for the individual asserting copyright infringement or the person(s) authorized to act this individual's behalf;
  5. A statement from the individual claiming infringement that he or she has a good faith belief that the disputed material is unauthorized by the copyright owner, its agent, or the law; and
  6. A statement from the individual claiming infringement that all information required in the notification of alleged copyright infringement is accurate, that he or she is the copyright owner or authorized to act on the copyright owner's behalf. Lack of good faith belief constitutes perjury and is subject to penalty of law.

Contact our designated copyright agent for all notices of copyright infringement at content@learningzen.com or postal mail:

Gold Systems
ATTN: Copyright Agent
2121 S. McClelland St.
Suite 204
Salt Lake City, Utah 84106, USA

LearningZen may take one or more actions after receiving the information required above in written format:

  1. Remove or disable access to the copyrighted material claimed to be infringed;
  2. Forward the written notification to the alleged infringer;
  3. Take appropriate steps to promptly notify the alleged infringer that LearningZen has removed or disabled access to the alleged infringed material;
  4. Notify the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to the claim and request that we restore the removed material.

Claims of copyright infringement should be made in good faith and all infringement claims may result in liability for damages, including but not limited to court costs and attorneys fees, for materially misrepresenting or claiming that content on the LearningZen site or related services is copyright infringed.

Counter-Notification

An alleged infringer has the right to submit a counter-notification to the LearningZen designated copyright agent if he or she believes the notice of copyright infringement is wrongly filed. A counter-notification responding to a claim of copyright infringement is required and must include specific and accurate information. A Counter-notification must be a written communication sent to the LearningZen designated copyright agent via electronic or postal mail. The following is required on the notice:

  1. An electronic or physical signature of the alleged infringer or person(s) representing and acting on behalf of the alleged infringer;
  2. Specific, legible and comprehensive material which is alleged to infringe copyright law and which LearningZen may have either removed or disabled access. This should include the location on the LearningZen site where the material appeared before being removed or access disabled;
  3. A statement from the alleged infringer that he or she has a good faith belief that the disputed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. Lack of good faith belief constitutes perjury and is subject to penalty of law;
  4. Contact information for the alleged infringer including full name, postal address, telephone number and email address;
  5. A statement from the alleged infringer indicating that he or she consents to the jurisdiction of Federal District Court for the judicial district in which the address provided is located or for any judicial district in which LearningZen is found and operates if the alleged infringer's address is outside of the United States; and
  6. A statement that the alleged infringer accepts service of process from the person who provided notification or a representative of such person.

LearningZen's designated copyright agent will respond as outlined below once all required Counter-notification documentation has been received.

  1. Provide the copyright owner with a copy of the Counter-notification;
  2. Inform the copyright owner that LearningZen may return the removed material or provide access to the disputed material within fourteen (14) business days; and
  3. Return the removed material or provide access to the disputed material within fourteen (14) to twenty-one (21) business days once LearningZen has received a Counter-notification, provided LearningZen's designated copyright agent has not received notice from the individual claiming infringement or person(s) representing and acting on behalf of the copyright interest that a court order has been filed to prevent the alleged infringer from engaging in infringement activity using material on LearningZen's network or system.

LearningZen recommends the advice of independent legal counsel before filing a notification or counter-notification.

Notification of Infringement of Other Rights

Gold Systems's content complaint manager of potential content that infringes other rights or is otherwise unlawful (other than copyright infringement) by email, fax or postal mail. The following information is required:

  1. The name, postal address, telephone number and e-mail address of the individual claiming infringement or person(s) representing and acting on their behalf;
  2. A detailed description of the content believed to infringe individual rights or is otherwise unlawful and which removal from the LearningZen site is requested;
  3. The location of the content on the LearningZen site or other service related material;
  4. A detailed statement outlining the rights he or she asserts including reasons the specified content infringes them;
  5. A detailed statement identifying laws he or she asserts are breached and reasons the specified content does so;
  6. A statement from the individual claiming infringement or person(s) representing and acting on behalf of the individual that he or she has a good faith belief all information required above is accurate, that he or she is damaged by the specified content. Lack of good faith belief constitutes perjury and is subject to penalty of law; and
  7. An electronic or physical signature of the individual claiming infringement of rights or the person(s) representing and acting on behalf of the individual.

LearningZen's content complaint manager will respond as outlined below once all required documentation has been received.

  1. Review the information provided
  2. Contacting or forwarding the notice to the source of the disputed content
  3. Remove or disable access to the disputed content. Removal or disabling access may include notifying the source of the disputed content of your complaint and our decision.
  4. Return the removed material or provide access to the disputed material if LearningZen determines the disputed material was wrongly removed or disabled as a result of a mistake or misidentification. LearningZen retains the right to remove and reinstate all material on the site and in related service material.

LearningZen recommends the advice of independent legal counsel before filing a responding to a notice filed by someone else. Contact our content complaint manager at content@learningzen.com or postal mail:

Gold Systems
ATTN: Copyright Agent
2121 S. McClelland St.
Suite 204
Salt Lake City, Utah 84106, USA

LearningZen reserves the right to limit access to the site or terminate membership of individuals who repeatedly infringe the copyright, individual rights or commit other unlawful behavior as set forth in the Digital Millennium Copyright Act (DMCA) and other applicable law.

LearningZen reserves the right to limit access to the site and or terminate membership at anytime and without notification of users who infringe any intellectual property rights of others.

Copyright and License Acknowledgements

Portions of this application include software covered by the http://www.apache.org/licenses/LICENSE-2.0 license.

Icons on this site are provided under the Creative Commons Attribution 2.5 License. The famfamfam.com Silk Icons were obtained from http://www.famfamfam.com/lab/icons/silk/.

Software used by portions of this application require the following license statement:

[The BSD License] Copyright (c) 2008, Terence Parr All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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