Legal Archives

Agreed Terms

The Realm™ IP. The interfaces, graphics (including without limitation The Realm™ Created Avatar or (Digital Self)s and Modified Created Avatar or (Digital Self)s, as defined in Section 2 of the Creator Terms), trademarks, design, information, artwork, data, code, products, software, and all other elements of the Platform(s), including the rights therein and any derivatives thereof, (“The Realm™ Intellectual Property” or “The Realm™ IP”) are protected by law and The Realm™ Terms. All The Realm™ IP is the property of The Realm™ and The Realm’s™ licensors being Alchemy Studios, LLC. The Realm™ IP includes Alchemy Studios™ which is owned by and licensed to The Realm™ by Creators under the Creator Terms. Except as allowed in The Realm™ Terms and any applicable

Additional Terms.

You may not use any The Realm™ or Vmax Broker’s IP contained in the Platform(s) unless you obtain separate permission in each instance from the owner. Alchemy Studios LLC. reserves all rights in/to The Realm™ IP not granted in these The Realm™ Terms or elsewhere in Additional Terms.

If you are an affiliate, sponsor or advertiser and wish to use our word marks, logos, and artwork please contact Alchemy Studios, LLC. By email or standard mail at: Alchemy Studios, LLC. 207 West Plant St. #770984 Winter Garden FL 34777 USA

Our Platform(s) contain various forums, functionality, software, and other interactive features that allow you to create, upload, submit, publish, display, generate, transmit, or otherwise make available (“Publish”) Creative Content™ and scan with facial recognition software on the Platform(s). For more information on these features, please also read Section 2 of the Creator Terms.

Any Avatar or (Digital Self) Published on the Platform(s) must comply with The Realm™ Terms, including Community Standards, and must not be illegal, digitally altered, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of others intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

Except as otherwise described in The Realm’s™ or Vmax Broker’s Privacy Policy or any applicable Additional Terms,

• You agree with any Avatar or (Digital Self) that you Publish will be considered non-confidential and non-proprietary, and
• You grant The Realm™ a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to host, use, copy, reproduce, modify, adapt, publish, translate, run, create derivative works of, distribute, and publicly perform or display such content throughout The Realm™ in any media for any business purpose in connection with operating, providing, improving, or publicizing the Platform(s); however, The Realm™ will only share personal information that you provide in accordance with Vmax Brokers or The Realm’s™ Privacy Policy.

You represent and warrant that, at the time of Publishing your Avatar or (Digital Self) that:

 (i) You own or otherwise control all the rights in/to the Avatar or (Digital Self) or (Digital Self) in which you created or identify with

(i) Your Avatar or (Digital Self) or (Digital Self) is accurate and not severely altered, fraudulent or deceptive; and

(iii) Your Avatar or (Digital Self) or (Digital Self) does not violate these Terms, any applicable laws, or the rights of any third party, including intellectual property, privacy, and publicity, and will not cause injury to any person or entity.

You understand that in certain situations your Avatar or (Digital Self) or (Digital Self) may be copied by other Users of the Platform(s) and discussed on and outside of the Platform(s).

If you do not have the right to submit your Avatar or (Digital Self) or (Digital Self) for such use, Publishing such may subject you to liability. The Realm™ takes no responsibility and assumes no liability for any Avatar or (Digital Self) or (Digital Self) Published by you or any third party.

The Realm™ has the right but not the obligation to monitor, modify, or remove any Avatar or (Digital Self) or (Digital Self) on its Platform(s), and it may exercise these rights at any time, without notice or liability to you or any third party.

Some Instances allow for Users of that Platform to Publish Avatar or (Digital Self) or (Digital Self) within the Platform. Such Users who separately Publish an Avatar or (Digital Self) or (Digital Self) within a Platform hereby grant both The Realm™ and the Creator of the applicable Platform a worldwide, perpetual, royalty free, and irrevocable right and non-exclusive license to use and exploit the Alchemy Studios™ in any manner or media without any obligation, including any obligation to pay royalties or other compensation to any person or party. If such Users create a Modified Created Avatar or (Digital Self) (as defined in Section 2 of the Creator Terms), the User hereby assigns all right, title, and interest in that Modified Created Avatar or (Digital Self) or (Digital Self) to The Realm™.

The Realm™ in turn grants a non-exclusive license to both User and Creator to use and exploit that Modified Created Avatar or (Digital Self) or (Digital Self) on the Platform(s) without any obligation (except those otherwise specified in these The Realm™ Terms), including any obligation to pay royalties or other compensation to any person.

Copyright Infringement / Digital Millennium Copyright Act (DMCA).

Notice.

We respect the intellectual property rights of others, and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Platform(s) infringes upon your copyrights, you may submit a notice pursuant to the DMCA by contacting our Copyright Agent by email at: legal@entertherealm.io or mail at Legal, 207 West Plant St #770984 Winter Garden FL 34777 USA.

Contact Us Immediately

You may also contact us by phone at +1 (321) 201-6865. If a copyright owner is under the age of 13, a DMCA notice must be submitted by a parent, guardian, or other adult representative.

Your notice must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

1. A description of the copyright-protected work or other intellectual property right that you claim has been infringed.
2. A description of the material that you claim is infringing and where it is located.
3. Your address, telephone number, and email address.
4. A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Acknowledgement.

You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. See 17 U.S.C. § 512(c)(3) for further details. We may send a copy of your DMCA notice, including any contact information you provide, to the individual responsible for the reported content.

The DMCA

If your content was removed or disabled as a result of a DMCA notice, and you believe that your content is not infringing or that you have the proper authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to Publish and use the material in your content, you may send a counter-notice to our Copyright Agent by email at legal@entertherealm.io or mail at Legal, 207 West Plant St #770984 Winter Garden FL 34777 USA. You may also contact us by phone at +1 (321) 201-6865.

Counter Notice of Infringement

Any counter-notice submitted on behalf of a User under the age of 13 must be submitted by a parent, guardian, or other adult representative.

When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice, including any contact information you provide, to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in our sole discretion, within 10 to 14 business days or more after our receipt of the counter-notice.

Trademark Infringement.

If you are a trademark owner, or an agent of a trademark owner, and believe that any content on the Platform(s) infringes upon your trademark(s), please submit a trademark infringement notice to our Trademark Agent at legal@entertherealm.io or mail at Legal, 207 West Plant St #770984 Winter Garden FL 34777 USA. You may also contact us by phone at +1 (321) 201-6865 When you contact us, please provide the following information in your notice:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark.
2.  A description of the trademark right that you claim has been infringed.
3. A description of the content that you claim is infringing and where it is located.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the use of such content is not authorized by the trademark owner, its agent, or the law; and
6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the trademark owner’s behalf.

Note that The Realm™ is not able to mediate disputes between Users, Members, Agents and the holders of trademark rights. However, we take intellectual property rights seriously, and, upon receipt of a valid trademark infringement notice, we will investigate and may remove content that engages in trademark infringement usually within 24-48 hrs.

Repeat Infringer Policy.

The Realm’s™ intellectual property policy is to:

• Remove or disable access to content that The Realm™ knows to be infringing on the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by a valid copyright owner or their agent; and,
• In appropriate circumstances, suspend the accounts of and block access to the Platform(s) by any User who repeatedly or egregiously infringes the copyrights or other intellectual property rights of third parties.

Feedback.

Any feedback, comments, or suggestions you may provide regarding or relating to the Platform(s) is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

DMCA Laws on Copyright Protection and Trademark Infringement

An In-depth Guide

Overview

The Digital Millennium Copyright Act (DMCA) is a critical piece of legislation that aims to protect the rights of copyright owners in the digital era. Enacted in 1998, the DMCA strengthens copyright protection by addressing the challenges posed by the internet and digital technology. It provides a legal framework for copyright owners to combat infringement and allows service providers to avoid liability by removing infringing content upon notification.

Copyright Protection Under DMCA

Notice and Take-Down Process

Under the DMCA, copyright owners can request the removal of infringing content through a “notice and take-down” process. To submit a valid DMCA notice, the copyright owner or their agent must provide the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
• A description of the copyright-protected work or other intellectual property right that you claim has been infringed.
• A description of the material that you claim is infringing and where it is located.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law.
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter Notice of Infringement

If content is removed or disabled as a result of a DMCA notice and the user believes that their content is not infringing or that they have proper authorization, they may send a counter-notice. The counter-notice must include:

• Identification of the material that has been removed or disabled and its location before it was removed or disabled.
• A statement under penalty of perjury that the material was removed or disabled as a result of a mistake or misidentification.
• The user’s name, address, telephone number, and email address.
• A statement that the user consents to the jurisdiction of the federal court in their district and will accept service of process from the party who submitted the original DMCA notice.

Upon receipt of a counter-notice, the service provider will notify the original complainant and may restore the removed content unless a lawsuit is filed within 10-14 business days to block its restoration.

Repeat Infringer Policy

The DMCA requires service providers to adopt a policy for terminating users who repeatedly infringe copyright. This policy must be clearly communicated to users and enforced to ensure compliance with the DMCA.

Safe Harbor Provisions

The DMCA provides “safe harbor” protections for service providers, shielding them from liability for copyright infringement if they follow certain guidelines, including:

• Implementing a policy for removing infringing content upon notification.
• Designating an agent to receive DMCA notices and registering the agent with the Copyright Office.
• Acting promptly to remove or disable access to infringing content when notified.

Trademark Infringement

Trademark infringement occurs when a party uses a trademark that is identical or confusingly similar to a registered trademark, causing potential confusion among consumers. The DMCA does not specifically address trademark infringement, but similar principles apply for protecting trademark rights in the digital space.

Submitting a Trademark Infringement Notice

Trademark owners can submit a trademark infringement notice to service providers, requesting the removal of infringing content. The notice should include:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark.
• A description of the trademark right that you claim has been infringed.
• A description of the content that you claim is infringing and where it is located.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the use of such content is not authorized by the trademark owner, its agent, or the law.
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the trademark owner’s behalf.

Upon receipt of a valid notice, service providers will investigate and may remove the infringing content, typically within 24-48 hours.

Mediation and Dispute Resolution

While service providers are obligated to address trademark infringement notices, they are not responsible for mediating disputes between users and trademark owners. Trademark disputes may require further legal action to be resolved.

Conclusion

The DMCA and trademark laws provide robust mechanisms for protecting intellectual property rights in the digital age. By understanding these laws and following the proper procedures for submitting infringement notices, copyright and trademark owners can effectively safeguard their creations and brands from unauthorized use.

For further details on DMCA and trademark infringement, you can refer to the official DMCA website and consult with legal experts specializing in intellectual property rights.