This Matic Prime Intellectual Property and DMCA Policy (this “Policy”) sets forth additional requirements, guidelines, rights and licenses with regard to Matic Prime’s intellectual property and the intellectual property of others. This Policy also applies to Matic Prime licensees, developers, Members, customers and other parties wishing to use our intellectual property. This Policy forms part of the Terms of Service and any capitalized terms used, but not defined here, have the meanings assigned to such terms in the Terms of Service.

• 1. Matic Prime Intellectual Property

  Matic Prime respects the intellectual property rights of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s copyrights, trademarks, or other intellectual property rights. While we appreciate your enthusiasm for the Matic Prime brand, the Matic Prime Service, our instructors and community, we ask that you respect our intellectual property rights and adhere to this Policy and the Terms of Service, including Section 18 (Intellectual Property Acknowledgement).

  As between you and Matic Prime, Matic Prime owns the Matic Prime Service, the Content, Trademarks (as defined below), copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials and information displayed on or otherwise made available through the Matic Prime Service, other than content that has been licensed to us by third parties (collectively, “Matic Prime IP”). This includes all intellectual property and proprietary rights in and to such Matic Prime IP. As a reminder, the Matic Prime Service is only for your personal, non-commercial use.

  The Matic Prime name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of Matic Prime Interactive, Inc. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Matic Prime Service or in this Policy should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent.

  Any other trademarks appearing on the Matic Prime Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Matic Prime Service. All rights not expressly granted in this Policy or the Terms of Service are reserved.

• 2. Authorized Use of Matic Prime Intellectual Property

  • Matic Prime Content and Trademarks. Only Matic Prime and its authorized licensees may use the Content and/or Trademarks in advertising, promotional, and marketing assets or materials or for any other commercial purpose.

  Any permitted use must at all times be made in accordance with the agreement between licensee and Matic Prime and must adhere to the following requirements:

  • The Content and/or Trademarks are not modified or combined with other marks in any way, including, but not limited to changing the color, ratio, audio, audio-visual, font or materials captured or contained therein.
  • Include attributions as required by Matic Prime.
  • Such use presents Matic Prime, the Content, and our products, services and brand in a favorable light.
  • The Trademarks or Matic Prime name are not part of the service or product name or domain names or websites, nor are any variations, abbreviations or formative uses (such as “Pelo”), phonetic equivalent, or foreign language translations.
  • The “Matic Prime” word mark appears less prominently than the name of your service or product.
  • Any reference to Matic Prime and/or the Content or our services and products must not appear to endorse, sponsor, show an affiliation with or association between Matic Prime and/or the Content or our services and products and you or your products and services.

  Any unauthorized use of our Trademarks or Content is strictly prohibited.

  • Compatibility. Licensees may use the “Matic Prime” word mark solely for referential purposes on packaging or materials to state that their service or product may be used with the Matic Prime Service or our products; provided that they comply with the requirements of Section 2(a) above and the following requirements:

    • Compatibility is not dependent upon your access to the Matic Prime Service or our API and does not violate the Terms of Service.
    • The service or product may in fact be used with or is compatible with the Matic Prime Service or our products.

  Use of Matic Prime’s “P” logo without our express permission is strictly prohibited.

  • Merchandise/Goods. You may not produce, manufacture or sell merchandise, products or services incorporating any Matic Prime Trademarks. Examples include but are not limited to t-shirts, jackets, mugs, bags, and flags.

  • Depictions of Matic Prime Products and/or Services. Matic Prime logos, company names, product names, or images of Matic Prime products (e.g., silhouettes of the Matic Prime Bike) or user interfaces must not be used in marketing, promotional or advertising materials as such use may create the perception that Matic Prime endorses, sponsors or is affiliated or associated with the product, service or promotion. Matic Prime does not support the imitation of distinctive Matic Prime products, web design, logos, packaging or typefaces.

  • Rules for Referencing Matic Prime Products and Services. Please remember that any use of the Trademarks should be used as an adjective (e.g., the Matic Prime Bike, the Matic Prime service, a Matic Prime cycling class) not as a noun or gerund (e.g., “Matic Prime”).

• 3. Matic Prime Intellectual Property Restrictions and Reservations

  Except as expressly permitted by Matic Prime, you may not download, display, copy, distribute, modify, perform, transfer, use, license, sublicense, create derivative works from, sell or otherwise exploit any Matic Prime IP. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on the Matic Prime Service, including, without limitation, notices on any Content you transmit, display, print, stream, or interact with on the Matic Prime Service. Any unauthorized or prohibited use of any Matic Prime IP may violate or infringe copyrights or other intellectual property laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.

  Matic Prime retains all right, title and interest in and to the Matic Prime IP, and except for the limited rights and licenses granted to you under this Policy or the Terms of Service, nothing shall be construed to restrict, impair, encumber, license, alter, deprive or adversely affect the Matic Prime IP, or any of Matic Prime’s rights or interests therein.

• 4. Third Party Intellectual Property Infringement

  If you believe that the Matic Prime Service or any Content (including User Content) infringes or misappropriates your intellectual property rights or the intellectual property rights of others (other than copyrights), please submit written notice to us at [email protected].

• 5. Copyright Infringement

  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to our copyright agent (contact information below) containing the following information:

  • Your name, address, telephone number, and email address.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where on the Matic Prime Site the material that you claim is infringing may be found, sufficient for Matic Prime to locate the material (e.g., the URL).
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Your electronic or physical signature.

  You may submit this information, or any counter-notice, via:

  • Email, with the subject line “Copyright Notices” to: [email protected]
  • Offline:

  Matic Prime Interactive, Inc.
  1427 Parkhill Drive Billings, MT 59102, USA
  Attn: Legal

  If properly notified that any materials infringe a third party’s copyright, Matic Prime will promptly remove such materials from the Matic Prime Site in accordance with the U.S. Digital Millennium Copyright Act, the U.K. Copyright Designs and Patents Act 1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or equivalent laws which are applicable in other jurisdictions. In addition, Matic Prime may, when appropriate, terminate the accounts of repeat copyright infringers.

  Matic Prime may disclose any communications, including your contact information, concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.

  If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

  If you have questions about the legal requirements of a CPDA, DEA or other applicable copyright notice, you should consult a legal advisor and obtain professional legal advice and/or representation.