KILOGEAR Intellectual Property and DMCA Policy
This KILOGEAR International Inc. Intellectual Property and DMCA Policy (the "Policy") outlines our rights and responsibilities regarding intellectual property, as well as the obligations of our users, customers, licensees, developers, and any other parties using our intellectual property. This Policy forms part of our Terms of Use, and any capitalized terms used but not defined here have the meanings assigned in the Terms of Use.
1. KILOGEAR International Inc. Intellectual Property
At KILOGEAR International Inc., we value and protect our intellectual property rights, and we expect our community—including trainers, ambassadors, influencers, contractors, and customers—to do the same. As between you and KILOGEAR International Inc., we retain ownership of all rights to our products, services, content, trademarks, copyrights, patents, and any other proprietary materials. This includes audio, visual, or static content, images, graphics, software, data, and any other materials made available through our services and apps (collectively, "KILOGEAR International Inc. IP").
The KILOGEAR International Inc. name, logos, and all related brand properties, trademarks, service marks, and trade dress (collectively, "Trademarks") are the exclusive property of KILOGEAR International Inc. and/or its affiliates, whether registered or unregistered. These Trademarks must not be used in any way that may cause confusion or suggest affiliation, sponsorship, or endorsement by us without explicit permission.
Any third-party trademarks appearing within the KILOGEAR International Inc. services are the property of their respective owners. All rights not expressly granted under this Policy or the Terms of Use are reserved.
2. Authorized Use of KILOGEAR International Inc. Intellectual Property
a) Use of KILOGEAR International Inc. Content and Trademarks
Only KILOGEAR International Inc. and its authorized licensees are permitted to use our content and trademarks for advertising, promotional, or commercial purposes. If you are a licensee or partner, any use of KILOGEAR International Inc. content or trademarks must adhere to the following guidelines:
- The content and trademarks must not be modified or combined with other marks or materials in any way, including altering color, ratio, font, or design elements.
- Attribution must be included as required by KILOGEAR International Inc..
- The use must present KILOGEAR International Inc. and its products and services in a favorable light and must not imply endorsement or sponsorship where none exists.
- The KILOGEAR International Inc. brand name should be less prominent than your product or service name in any promotional materials.
Unauthorized use of our trademarks or content for commercial purposes is strictly prohibited.
b) Referential Use of KILOGEAR International Inc. Trademarks
Licensees may use the "KILOGEAR International Inc." word mark solely for referential purposes on packaging or promotional materials to indicate compatibility with KILOGEAR International Inc. services or products, provided that:
- The service or product is, in fact, compatible with KILOGEAR International Inc. products or services.
- Use of our logos without permission is strictly prohibited.
- You comply with the requirements set forth in Section 2(a) and any applicable license agreements.
c) Merchandise and Goods
You may not produce, manufacture, or sell merchandise incorporating KILOGEAR International Inc. trademarks without prior written consent. This includes, but is not limited to, items such as apparel, accessories, or promotional goods.
d) Depictions of KILOGEAR International Inc. Products and Services
You may not use KILOGEAR International Inc. logos, company names, or images of our products or interfaces in any marketing, promotional, or advertising materials that may create the impression of an endorsement, sponsorship, or affiliation without our express permission.
3. Intellectual Property Restrictions and Reservations
Except as expressly permitted by KILOGEAR International Inc., you may not download, copy, display, distribute, modify, perform, transfer, use, license, sublicense, create derivative works from, or otherwise exploit any KILOGEAR International Inc. IP. Additionally, you may not alter or remove any copyright, trademark, or proprietary notices included on the KILOGEAR International Inc. services or products.
Unauthorized use or reproduction of any KILOGEAR International Inc. IP may constitute a violation of intellectual property laws, including copyright, trademark, and patent laws. Such unauthorized use may result in legal consequences, including liability for damages.
All rights, title, and interest in and to KILOGEAR International Inc. IP remain exclusively with KILOGEAR International Inc.. Nothing in this Policy or the Terms of Use shall be construed to grant you any ownership or exclusive rights to our IP.
4. Third-Party Intellectual Property Infringement
If you believe that the KILOGEAR International Inc. services or any content (including user-generated content) infringe upon your intellectual property rights, or the rights of others (excluding copyrights), you may submit a written notice to us at info@kilogear.com.
5. Copyright Infringement and DMCA Process
If you believe your work has been copied or used in a manner that constitutes copyright infringement, please provide KILOGEAR International Inc. with a written notification 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 the material that you claim is infringing is located on the KILOGEAR International Inc. site (such as a 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, made 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.
Please submit this information, or any counter-notice, to info@kilogear.com with the subject line "Copyright Notices."
Upon receiving a proper DMCA notification, KILOGEAR International Inc. will remove or disable access to the infringing content in accordance with the Digital Millennium Copyright Act (DMCA), the UK Copyright, Designs and Patents Act (CDPA), and the UK Digital Economy Act (DEA), or equivalent laws in other jurisdictions.
If you believe content was removed in error, you may submit a counter-notice as described in the Terms of Use and we will review your request.
6. GDPR and CCPA Compliance
KILOGEAR International Inc. complies with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) regarding the use and protection of personal data. If any intellectual property, including user-generated content, contains personal information, users have the right to request its deletion or modification.
For more information on how we handle personal data, please refer to our Privacy Policy.
7. Repeat Infringers
KILOGEAR International Inc. reserves the right to terminate the accounts of users who are found to be repeat infringers of copyright law. More than two (2) confirmed copyright violations within a 12-month period may result in the termination of your account and access to our services.