COPYRIGHT NOTICE
Mosaique
1. INTRODUCTION
This document constitutes the Copyright Policy (“the Policy”) for the website itsmosaique.nl (hereinafter referred to as “the Website”), operated by Mosaique (“the Brand”). The Website is dedicated to offering clothing and related products, inspired by and encapsulating the myriad struggles experienced by individuals in life. The Policy outlined herein is designed to provide a comprehensive legal framework governing the use, reproduction, distribution, and protection of copyrighted material associated with the Brand and the Website.
The Policy is structured to ensure that the intellectual property rights of the Brand are preserved and respected, while simultaneously fostering an environment that encourages sharing, innovation, and respectful use of copyrighted materials. The Policy is applicable to all users of the Website, including but not limited to customers, visitors, partners, and affiliates (collectively referred to as “Users”).
By accessing, browsing, or using the Website, Users acknowledge and agree to comply with the terms and conditions set forth in this Policy. It is imperative that Users read, understand, and adhere to the provisions of this Policy, as non-compliance may lead to legal consequences including but not limited to civil and criminal penalties.
2. OWNERSHIP OF COPYRIGHT
2.1 General Ownership
The Brand, Mosaique, holds and retains all copyright interests and rights in the content displayed on the Website, including but not limited to, textual content, graphical images, photographs, designs, logos, video clips, audio clips, digital downloads, data compilations, and software (collectively referred to as “Copyrighted Material”). This Copyrighted Material is protected under the copyright laws of the Netherlands, as well as international copyright treaties and agreements.
2.2 Authorship and Creation
The Copyrighted Material is the product of the creative and intellectual efforts of the Brand and its authorized contributors, designers, artists, and developers. The Brand asserts that all such material is the result of original creation, except where explicitly stated or attributed to third-party sources.
2.3 Distinctive Brand Features
Certain elements of the Copyrighted Material, particularly the Brand’s logos, trade dress, and other visual and graphic elements that signify the Brand, are not only protected by copyright laws but also fall under trademark protection. These distinctive features of the Brand are integral to the Brand’s identity and reputation and are thus fiercely safeguarded.
2.4 Database Rights
The Brand maintains a database of products, descriptions, and associated content which is systematically arranged and individually accessible. This database is protected under the applicable laws governing database rights, ensuring that significant investment in obtaining, verifying, and presenting the contents is safeguarded against unauthorized extraction and reuse.
2.5 Moral Rights
In addition to economic rights, the Brand acknowledges and respects the moral rights of the creators associated with the Copyrighted Material. These rights include, but are not limited to, the right to attribution and the right to object to derogatory treatment of such material.
3. SCOPE OF COPYRIGHT
3.1 Content Coverage
The scope of copyright under this Policy encompasses all forms of Copyrighted Material available on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software. This coverage extends to the overall design, structure, and layout of the Website, which constitutes a collective work under copyright law.
3.2 Derivative Works
The creation of derivative works based on the Copyrighted Material is subject to strict regulation under this Policy. Derivative works refer to any form of material such as adaptations, translations, or other modifications, which are derived from or based upon the Website’s Copyrighted Material, whether done directly or indirectly, in any form or medium.
3.3 Temporal and Geographical Extent
The copyright protection afforded to the Copyrighted Material under this Policy is valid for the duration determined by applicable Dutch copyright laws and international copyright agreements. This duration generally extends to the life of the author plus a certain number of years, varying depending on the type of work and other legal factors. The geographical extent of this protection encompasses all territories where the Brand’s copyright is recognized and enforceable.
3.4 Inclusion of Future Works
This Policy also extends to cover any future works that may be created and added to the Website by the Brand or its authorized contributors. Such future works shall automatically fall under the protection of this Policy upon their creation and publication on the Website.
4. RESTRICTIONS ON USE
4.1 Prohibited Uses
Without express written permission from the Brand, Users are strictly prohibited from engaging in activities that include, but are not limited to: copying, reproducing, modifying, publishing, transmitting, distributing, performing, displaying, or selling any Copyrighted Material; using the Website’s content for any commercial purpose or for the benefit of any third party; or using the Website’s content in any manner that is unlawful or in violation of the rights of the Brand or others.
4.2 Personal Use Limitation
The use of the Website’s content is authorized solely for personal, non-commercial purposes. Users are permitted to download or copy the content only for their personal, non-commercial use, provided that all copyright and other proprietary notices are maintained intact.
4.3 Technological Measures and Digital Rights Management
The Brand employs various technological measures and digital rights management systems to prevent unauthorized use of the Copyrighted Material. Circumventing these measures is strictly prohibited and may lead to legal consequences under both civil and criminal law.
4.4 No Alteration or Commercial Use
Users must not alter, transform, or build upon the Copyrighted Material, nor use it for any commercial purposes without obtaining prior written consent from the Brand. This includes refraining from using the material in any way that suggests an endorsement or affiliation with any product, service, or entity, without explicit permission from the Brand.
4.5 Compliance with GDPR and Data Protection Laws
In the handling of any personal data obtained through the use of the Website, Users must comply with the General Data Protection Regulation (GDPR) and all applicable data protection laws. This includes, but is not limited to, respecting the privacy rights of individuals and not using the Website to collect or process personal data in an unauthorized manner.
5. LICENSING AND PERMISSIONS
5.1 General Licensing Terms
The Brand may, at its discretion, grant licenses to use the Copyrighted Material. Such licenses may be subject to specific terms, conditions, and restrictions as determined by the Brand. All licensing agreements will be in writing and must be signed by duly authorized representatives of the Brand.
5.2 Request for Permission
Requests for permission to use the Copyrighted Material should be directed to the Brand’s legal department via support@itsmosaique.nl. Each request will be evaluated on a case-by-case basis. The request must clearly state the purpose, manner, and scope of the intended use, along with any other relevant information that may assist the Brand in making an informed decision.
5.3 Scope of Granted Permissions
Any permission granted by the Brand will be non-exclusive and non-transferable, unless otherwise specified. The scope of use, including the extent, duration, and geographical area, will be clearly defined in the permission grant. The Brand reserves the right to revoke any granted permissions at any time if the terms of the license are violated.
5.4 Royalty and Fee Arrangements
Depending on the nature and extent of the use, the Brand may require the payment of royalties or fees. Such financial arrangements will be detailed in the licensing agreement.
5.5 Compliance with Licensing Terms
Users who are granted permission to use the Copyrighted Material must comply with all the terms and conditions of the licensing agreement. Failure to adhere to these terms may result in immediate revocation of the license and potential legal action for infringement.
6. INFRINGEMENT PROCEDURES
6.1 Notification of Infringement
If the Brand suspects that its copyright has been infringed, it will take appropriate steps to investigate and address the infringement. Alleged infringers or third parties with knowledge of infringement can notify the Brand at support@itsmosaique.nl, providing detailed information about the alleged infringement.
6.2 Investigation and Enforcement
Upon receiving notification of alleged infringement, the Brand will conduct an investigation to determine the validity of the claim. If infringement is established, the Brand will take necessary legal actions to enforce its rights, which may include but are not limited to issuing cease and desist orders, filing for injunctions, and seeking damages.
6.3 Legal Remedies
The Brand reserves the right to seek all available legal remedies and relief for copyright infringement, which may include claims for damages, legal costs, and any profits made by the infringer.
6.4 Cooperation with Law Enforcement
The Brand will cooperate with law enforcement authorities in investigating and prosecuting users who are involved in the unauthorized use or infringement of the Copyrighted Material.
6.5 Policy Enforcement
The Brand is committed to vigorously enforcing its copyright policy and will take all necessary steps to protect its intellectual property. This includes monitoring the Website for potential infringements and taking proactive measures to prevent unauthorized use of its Copyrighted Material.
7. GOVERNING LAW
7.1 Jurisdiction and Applicable Law
The interpretation, construction, and enforcement of this Copyright Policy shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes or claims arising out of or in connection with this Policy shall be subject to the exclusive jurisdiction of the Dutch courts.
7.2 Compliance with International Laws
While this Policy is primarily governed by Dutch law, the Brand acknowledges the global nature of the internet and the Website’s accessibility. Therefore, in addition to compliance with Dutch law, the Brand endeavors to respect international legal principles and copyright laws applicable in the jurisdictions where the Website’s users reside.
7.3 Conflict of Laws
In the event of a conflict between the provisions of this Policy and mandatory statutory rights under Dutch law or international copyright law, the latter shall prevail. The Brand commits to resolving such conflicts in a manner that respects the legal rights and interests of all parties involved.
7.4 Legal Interpretation
If any provision of this Policy is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it will not affect the validity of the remaining provisions, which will continue to be in full force and effect. Interpretations of this Policy will always be made in a manner that reasonably reflects the intentions of the Brand as reflected in the policy.
8. CHANGES TO THE COPYRIGHT NOTICE
8.1 Right to Amend Policy
The Brand reserves the right to amend, alter, or modify this Copyright Policy at any time and without prior notice. Such amendments may reflect changes in legal regulations, industry practices, or the expansion of the Brand’s services.
8.2 Notification of Changes
Any changes to this Policy will be posted on the Website and, where appropriate, notified to users via email or through an announcement on the Website. Users are encouraged to periodically review this Policy to stay informed about how the Brand is protecting its Copyrighted Material.
8.3 Effectiveness of Changes
Changes to the Policy will become effective immediately upon their posting on the Website. Continued use of the Website after any changes indicates acceptance and agreement to abide by the amended Policy.
8.4 Archival of Previous Versions
For transparency and reference, previous versions of this Policy will be archived and made available upon request. This ensures that Users can review the evolution of the Policy over time.
9. CONTACT INFORMATION
9.1 General Inquiries
For any general questions, concerns, or comments regarding this Copyright Policy, Users may contact the Brand via the following:
Email: support@itsmosaique.nl
This is the primary contact method for inquiries related to the Copyright Policy, ensuring a direct and efficient communication channel between Users and the Brand.
9.2 Legal Correspondence
Any legal correspondence, including but not limited to notifications of infringement, requests for licensing, or queries regarding the interpretation of this Policy, should be directed to the legal department of Mosaique at the aforementioned email address. The Brand assures prompt and professional attention to all legal matters.
9.3 Feedback and Suggestions
The Brand welcomes feedback and suggestions from Users regarding the improvement of this Copyright Policy. Users are encouraged to provide their input, which will be considered for future revisions and updates of the Policy.
9.4 Office Address
For formal legal notices or any other physical correspondence, the following postal address may be used:
[Insert Physical Address of Mosaique’s Registered Office]
Please note that this address is for formal legal and official communication only and is not intended for general customer service inquiries.
9.5 Response Time
The Brand is committed to responding to all inquiries and communications in a timely and efficient manner. However, response times may vary depending on the complexity and nature of the inquiry.
9.6 Language of Communication
All communications should ideally be conducted in English or Dutch to ensure clarity and avoid misinterpretation. The Brand will endeavor to accommodate communications in other languages where feasible.
9.7 Record of Communications
The Brand maintains records of all communications for legal and reference purposes. Users are advised to keep copies of their correspondence with the Brand for their records.