This Copyright and Intellectual Property Policy forms part of the Terms of Service of Play SC:BW (the "Service"). Capitalised terms have the meaning given there.
1. Our position
1.1 The Operator respects the intellectual property rights of others and requires every user to do the same.
1.2 The Operator does not sell or license Third-Party Game Content, and does not host, mirror, upload or distribute the game, its installers or its data archives. The Service is an independent software platform made of the Operator's own original work and of components used under licence. Any game data used with the Service is retrieved by the user's own device, when the user chooses to start a game, directly from publicly accessible locations on the internet that are operated exclusively by unrelated third parties. The Operator has no control over those third-party locations and cannot remove anything from them. A rights holder who objects to material hosted at such a location should address the operator of that location, which is the only party able to remove it.
1.3 Every user warrants, as a condition of using the Service, that they are lawfully entitled to obtain and use any Third-Party Game Content they use, and the Terms prohibit any use of the Service to infringe third-party rights.
1.4 The Operator is not affiliated with, endorsed by or sponsored by any game developer, publisher or rights holder. All third-party works, names and marks belong to their respective rightful owners, and the Operator claims no right in any of them.
1.5 Nothing in this Policy is an admission of any fact, liability or wrongdoing, or a waiver of any right, defence, limitation of liability or safe harbour available to the Operator under any law, all of which are expressly reserved.
2. Reporting alleged infringement
If you are a rights holder, or are authorised to act for one, and you believe in good faith that material within the Operator's actual control (for example User Content such as a handle, profile, chat message, map or upload, or a specific element of the Platform Materials) infringes your copyright or other intellectual property right, send a written notice to our designated contact:
Email: [email protected], subject line "IP Notice".
To be effective, your notice must include all of the following:
- identification of the work or right that you claim has been infringed (and, for trade marks, the mark, registration number and jurisdiction);
- identification of the specific material that you claim is infringing, with the exact URL or other information sufficient for us to locate it on the Service;
- your full name, postal address, telephone number and email address, and, if you act for a rights holder, the rights holder's name and your authority to act;
- a statement that you have a good faith belief that the use complained of is not authorised by the rights holder, its agent or the law;
- a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the rights holder or are authorised to act on the rights holder's behalf; and
- your physical or electronic signature.
Notices that are incomplete, that do not identify specific material within our control, or that are sent to any other address may not be acted on. We may ask for further information to verify a notice.
3. How we respond
On receiving an effective notice, we will act expeditiously and in good faith. We may, at our sole discretion, remove or disable access to the material identified, restrict or terminate the account concerned, and take any other step we consider appropriate. We may forward the notice, including your contact details, to the user concerned, and may publish or share it with third parties in redacted or unredacted form. We may also act on our own initiative, without any notice, whenever we consider it appropriate. We have no liability to any user for acting on a notice in good faith.
4. Counter-notice
If your material was removed or disabled and you believe in good faith that this was the result of a mistake or misidentification, you may send a counter-notice to [email protected], subject line "IP Counter-Notice", containing:
- identification of the material removed and where it appeared before removal;
- 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;
- your full name, postal address, telephone number and email address;
- a statement that you consent to the jurisdiction of the courts for your address (or, if you are outside the United States, of any court in which the Operator may be found) and that you will accept service of process from the person who sent the original notice; and
- your physical or electronic signature.
We may forward the counter-notice to the person who sent the original notice. Whether any material is restored is at our sole discretion. Restoration is never guaranteed, and we may decline for any reason.
5. Repeat infringers
We will, in appropriate circumstances and at our sole discretion, suspend or permanently terminate the accounts of users who are the subject of repeated or credible allegations of infringement. We may also limit access or terminate any account on a first allegation.
6. Misuse of this process
Notices and counter-notices have legal consequences. Anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages, including costs and lawyers' fees, under applicable law. We may disregard notices from senders who abuse this process, and we reserve all rights against them. If you are unsure whether material infringes your rights, seek legal advice before sending a notice.
7. Trade marks and other rights
Complaints about trade marks, publicity, privacy or other rights relating to material within our control may be sent to the same address with equivalent information, and will be handled at our discretion in the manner described above. Names and descriptive terms appearing on the Service that refer to third-party works are used only in a nominative, descriptive sense to describe compatibility and the community the Service is for, and do not imply any affiliation, sponsorship or endorsement.
8. Rights holder contact
We prefer cooperation to conflict. A rights holder with any concern about the Service is invited to contact [email protected] before taking any other step. We will review every good faith communication promptly and will work constructively to address legitimate concerns.
9. Our own rights
The Platform Materials, including the Service's software, design, original artwork, original skins and cosmetic works, guides, statistics, databases and the "Play SC:BW" name and logos, belong to the Operator and its licensors and are protected by law. No use is permitted except as the Terms of Service and the Streaming and Content Creator Terms expressly allow. To report misuse of our materials, write to [email protected].