Copyright Policy

Last Updated: 02\05\2025

1. Introduction

1.1. Purpose of the Policy

This Copyright Policy ("Policy") aims to protect the intellectual property rights of content creators, authors, and third parties while ensuring compliance with the Digital Millennium Copyright Act (DMCA) and other applicable laws. It outlines the procedures for handling copyright infringement claims on the TrekGuider Inc. digital marketplace ("Marketplace").

1.2. Scope and Applicability

This Policy applies to all users, including sellers, content creators, and entities uploading or publishing content. It covers:

Users’ rights and responsibilities concerning uploaded digital content.
The procedures for filing copyright infringement notices.
The process for handling counter-notifications and resolving copyright-related disputes.

2. Copyright Ownership and Content Standards

2.1. User Responsibilities

Original Content: Users must only upload or publish content they own or have legally acquired the rights to use.
Accuracy of Representations: Users must provide truthful and complete information regarding content ownership.
Prohibited Content: Users may not upload content that infringes third-party copyrights or other intellectual property rights.

2.2. Marketplace Rights

· License Grant: By uploading content, users grant TrekGuider Inc. a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the content for the operation and promotion of the Marketplace for the duration the content is available on the platform and for a reasonable period thereafter for archival or marketing purposes related to the content's time on the platform.

· Content Removal: TrekGuider Inc. reserves the right to remove any infringing content without prior notice if it violates this Policy.

3. DMCA Takedown Procedures

3.1. Notice of Infringement

If you believe that content on the Marketplace infringes your copyright, you may submit a DMCA Notice to our designated Copyright Agent. Your Notice must be a written communication that includes substantially the following:

1. Your physical or electronic signature.

2. Identification of the copyrighted work claimed to be infringed. For example, a description of your copyrighted work, the title of a book, the name of a song, the URL of a webpage where your work is published, or a copyright registration number.

3. Identification of the infringing content, including sufficient information to locate it on the Marketplace. For example, a URL or a detailed description of where the allegedly infringing material is located on the Marketplace, enabling us to find it.

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

5. Your contact information, such as your address, telephone number, and email address.

6. A statement under penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

3.2. Submission Process

· Preferred Method: Online Form: If available, users are encouraged to submit a Notice via the designated DMCA form on the Marketplace website.

· Alternative Method: Email: As an alternative, you may send the DMCA Notice to: copyright@trekguider.com

3.3. Response to DMCA Notice

Upon receiving a valid DMCA Notice:

The Marketplace reviews the claim and removes or disables access to the allegedly infringing material. The user who uploaded the content is notified of the removal and provided a copy of the DMCA Notice.
The user is notified of the removal and provided a copy of the DMCA Notice.

4. Counter-Notification Procedures

4.1. Filing a Counter-Notification

If your content was removed due to a DMCA Notice and you believe it was removed in error, you may submit a Counter-Notification, which must be a written communication that includes substantially the following:

1. Your physical or electronic signature.

2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled.

3. A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content to be removed or disabled.

4. Your name, address, and telephone number.

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 your address is outside of the United States, for any judicial district in which TrekGuider Inc. may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. You acknowledge that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity was removed or disabled through mistake or misidentification may be subject to liability for damages.

4.2. Marketplace Review of Counter-Notification

The Marketplace forwards the Counter-Notification to the original complainant.
If the complainant does not file a lawsuit within 14 business days, the removed content may be restored.

5. Repeat Infringer Policy & Safe Harbor

5.1. Repeat Infringer Policy

TrekGuider Inc. may terminate accounts of users who are subject to multiple valid DMCA Notices.

5.2. Safe Harbor Provisions

· The Marketplace qualifies as a service provider under the Digital Millennium Copyright Act and seeks to benefit from the safe harbor provisions, which limit its liability for copyright infringement by users, provided that it adheres to the DMCA requirements. TrekGuider Inc. is committed to complying with the DMCA, including, but not limited to, designating a Copyright Agent to receive notifications of claimed infringement, implementing a policy to address repeat infringers, and following the notice and takedown procedures as outlined in the DMCA. By adhering to these procedures, the Marketplace aims to maintain its eligibility for the DMCA safe harbors. Users acknowledge and agree that the Marketplace acts as a passive intermediary and, to the fullest extent permitted by law, shall not be held liable for copyright infringement committed by users of the Marketplace. Sellers and content providers are solely responsible for ensuring that their content does not infringe upon the copyrights of others. However, users acknowledge that while the Marketplace strives to maintain its eligibility for DMCA safe harbors, such eligibility is not guaranteed and may be subject to change based on evolving legal interpretations and compliance requirements.

6. Liability and Disclaimers

6.1. Limitation of Liability

Users are solely responsible for the content they upload.
TrekGuider Inc. disclaims liability for indirect, incidental, or consequential damages arising from user content.

6.2. No Warranties

The Marketplace provides content "as is" without any warranty regarding non-infringement of third-party rights.

7. Amendments and Updates

7.1. Amendments and Updates

· Marketplace Right to Amend: TrekGuider Inc. explicitly reserves the unilateral right to amend, revise, modify, or update this Policy, in whole or in part, at any time, for any reason, and at its sole and absolute discretion. This right includes, but is not limited to, the right to add, remove, or modify provisions, clauses, sections, or subsections of this Policy, and to introduce new policies, guidelines, or procedures at any time.

· Immediate Effectiveness and Posting of Updated Policy: Any and all amendments, revisions, modifications, or updates to this Policy shall become effective immediately upon their posting on the TrekGuider Marketplace website, unless a specific future effective date is explicitly designated by the Marketplace in the updated Policy. The most current and controlling version of this Policy will always be the version posted on the Marketplace website.

· User Notification of Significant Changes: While the Marketplace reserves the right to amend this Policy without prior notice, for substantive, material, or significant changes that, in the Marketplace’s sole discretion, may materially affect users' rights or obligations under this Policy, the Marketplace will endeavor to provide reasonable advance notification to users. Such notification may be provided via prominent posting of a notice on the Marketplace website, email communication to registered users, in-platform notifications, or other commercially reasonable means of communication, at the Marketplace’s sole discretion. However, the Marketplace provides no guarantee that users will receive actual or timely notice of all Policy amendments, and users remain solely responsible for periodically reviewing the Policy for updates.

7.2. Policy Review and Periodic Updates Schedule

To ensure the enduring currency, continued operational effectiveness, and unwavering legal compliance of this Policy, and to proactively reflect the dynamic evolution of applicable legal and regulatory mandates, as well as ongoing adaptations in the TrekGuider Marketplace's business operations, technological infrastructure, and prevailing industry best practices, this Policy shall be subject to a formalized, meticulously structured, and consistently implemented program of periodic review and updates, conducted according to the following comprehensive schedule and rigorously defined process:

· Pre-Defined Triggers for Mandatory Policy Review: This Policy shall be automatically triggered for mandatory review and potential update on a pre-defined, recurring basis, and also on an ad-hoc, event-driven basis, specifically and immediately upon the occurrence of any of the following triggering events:

o Material Amendments to Governing Laws and Regulations: Any substantive amendments, significant revisions, comprehensive overhauls, or superseding enactments of controlling international, federal, state, or local laws, statutes, ordinances, regulations, administrative rules, or legally binding judicial precedents, decrees, or governmental directives that may, in any demonstrable manner, materially impact the substantive content, legal interpretation, practical enforcement, or overall legal defensibility of this Policy, or that may impose new, modified, or expanded legal or regulatory obligations, liabilities, or compliance requirements upon the TrekGuider Marketplace, shall automatically trigger an immediate, prioritized, and comprehensive review of this Policy to ensure continued, unimpeachable legal compliance and alignment with the most current legal and regulatory landscape.

o Substantial and Strategic Modifications to Core Business Model or Operational Practices: Any fundamental, strategic, or transformative changes, significant alterations, material expansions, or substantial evolutions in the TrekGuider Marketplace’s core business model, fundamental operational practices, primary service offerings, core technological infrastructure, principal data processing activities, key strategic partnerships, or other demonstrably material aspects of the Marketplace’s overarching operations, strategic direction, or business focus that may, in any reasonably foreseeable manner, necessitate substantive revisions, critical updates, or comprehensive re-evaluations of this Policy to ensure its continued accuracy, ongoing relevance, sustained operational effectiveness, and demonstrable alignment with the Marketplace’s current business practices, strategic imperatives, and evolving operational realities, shall automatically trigger a timely, thorough, and meticulously documented review of this Policy to guarantee its continued fitness for purpose and sustained practical applicability in the context of the Marketplace’s dynamically evolving operational environment.

· Rigorous and Multi-Party Policy Review and Update Process: The comprehensive review and any subsequent updates, revisions, or amendments to this Policy shall be conducted through a formalized, multi-party, and demonstrably rigorous process, collaboratively led and jointly executed by the TrekGuider Inc. Founder, serving as the ultimate business and operational authority for the Marketplace platform, and qualified, experienced, and duly authorized legal counsel, possessing specialized expertise in internet law, e-commerce regulation, data privacy compliance, and online marketplace legal frameworks, thereby ensuring a demonstrably comprehensive, demonstrably legally informed, and demonstrably operationally pragmatic assessment of the Policy’s continued adequacy, sustained legal defensibility, and ongoing practical effectiveness. This meticulously structured and rigorously implemented Policy review and update process shall systematically encompass, without limitation, the following essential procedural components and substantive analytical elements:

o Exhaustive Legal Compliance Review: Duly authorized and qualified legal counsel shall conduct a demonstrably exhaustive, meticulously documented, and demonstrably legally rigorous review of the entirety of this Policy, systematically assessing each and every provision, clause, and section of the Policy against the most current and comprehensively updated corpus of applicable international, federal, state, and local laws, statutes, ordinances, regulations, administrative rules, and legally binding judicial precedents, decrees, and governmental directives, meticulously identifying any and all areas, aspects, or provisions of the Policy that may, in counsel’s expert legal judgment, require substantive updates, revisions, or amendments to ensure the Policy’s continued, unimpeachable, and demonstrably robust legal compliance, sustained legal defensibility, and ongoing alignment with prevailing legal standards, regulatory expectations, and jurisprudential best practices.

o Comprehensive Operational and Business Alignment Review: The TrekGuider Inc. Founder, possessing ultimate operational authority and comprehensive strategic oversight for the Marketplace platform, shall conduct a demonstrably comprehensive, meticulously documented, and demonstrably operationally focused review of the entirety of this Policy, systematically evaluating each and every provision, clause, and section of the Policy against the Marketplace’s most current and strategically updated core business model, fundamental operational practices, primary service offerings, core technological infrastructure, principal data processing activities, key strategic partnerships, and other demonstrably material aspects of the Marketplace’s overarching operations, strategic direction, and business focus, meticulously identifying any and all areas, aspects, or provisions of the Policy that may, in the Founder’s expert operational and strategic judgment, require substantive updates, revisions, or amendments to ensure the Policy’s continued accuracy, ongoing relevance, sustained operational effectiveness, and demonstrable practical applicability in the dynamically evolving context of the Marketplace’s day-to-day operations, strategic imperatives, and evolving business realities.

o Meticulous Documentation and Version Control of Policy Amendments: Any and all substantive amendments, material revisions, comprehensive updates, or minor grammatical or stylistic edits to this Policy, resulting from the aforementioned rigorous and multi-party review process, shall be meticulously documented, comprehensively recorded, clearly version-controlled, and formally incorporated into the official, master Policy document, ensuring a complete, transparent, and readily auditable historical record of all modifications, revisions, and updates implemented over time. Each updated, revised, or amended iteration of the Policy shall prominently display a revised “Last Updated” date, conspicuously reflecting the precise date of the most recent substantive changes, thereby providing users with a readily accessible and easily verifiable mechanism for ascertaining the currentness and effective date of the governing Policy document.

8. Contact Information

8. Contact Information

For copyright inquiries or to report infringement, please contact us via:

· Preferred Email for DMCA Notices: copyright@trekguider.com

· General Legal Inquiries Email: legal@trekguider.com

· Address: TrekGuider Inc., 1207 Delaware Ave #2058, Wilmington, DE 19806, United States

By uploading content to TrekGuider Marketplace, you confirm that you have read, understood, and agreed to this Copyright Policy.