At Lycheeks, we respect and value intellectual property rights, including trademarks and copyrights, which are fundamental to fostering creativity, innovation, and fair competition within the AI, art, and design communities we serve. This Policy, closely connected with the Anti-Piracy and Anti-counterfeit products, sets forth the principles, rules, and procedures relating to the use, protection, and enforcement of trademark and copyright rights on and through the Lycheeks platform.
2. Trademarks
2.1 Definition and Scope
A
trademark
refers to any distinctive sign, symbol, word, phrase, design, or a combination thereof that serves to identify and distinguish the origin of goods or services of one entity from those of others. Trademarks may include, but are not limited to,
registered and unregistered marks
,
service marks
,
trade names
,
logos
,
slogans
, and elements of
trade dress
, such as the overall visual presentation or packaging of a product. Trademarks function as a key component of brand identity and are protected under applicable national and international intellectual property laws.
2.2 Ownership and Reservation of Rights
All trademarks, service marks, trade names, logos, design elements, slogans, and other identifiers associated with products or services and displayed on or made available through the Lycheeks platform (collectively, the “Marks”) are the exclusive property of Lycheeks, its affiliates, licensors, or authorized third parties. These Marks are protected by applicable national and international laws governing intellectual property. Unless expressly authorized in writing by Lycheeks or the respective rights holder, no rights, licenses, or permissions—whether express or implied—are granted for the use of any such Marks. We kindly ask that users refrain from using, reproducing, modifying, or distributing any Marks without prior written consent. This includes use for commercial, promotional, editorial, or referential purposes that could imply endorsement or affiliation.
Lycheeks and its licensors respectfully reserve all rights, title, and interest in their respective Marks and may take appropriate action, in accordance with the law, to protect their intellectual property rights where necessary.
2.3 Proper Use of Trademarks
When referencing Lycheeks trademarks, whether on the platform or in any form of communication or publication, it is essential to adhere to the following guidelines to ensure correct, lawful, and consistent usage:
•
Trademarks as Brand Identifiers
: trademarks function to distinguish Lycheeks’ goods and services from those of others. They must always be used to clearly indicate the origin of a product or service, never as generic terms.
•
Preserve the Integrity of the Mark
: a trademark is a unique brand element and should be presented exactly as registered or authorized. Do not alter the trademark’s spelling, form, or appearance. Avoid pluralizing or creating possessive forms, using the mark as a verb or in any grammatical form that changes its status as a brand identifier.
•
Appropriate Use of Trademark Symbols
: trademarks must be accompanied by the correct symbols that reflect their registration status; the ™ symbol identifies a trademark that is claimed but not yet registered, the ® symbol denotes a federally or regionally registered trademark.
•
Compliance with Local Trademark Laws
: trademark laws and practices differ by jurisdiction. When Lycheeks trademarks are referenced in materials distributed outside Italy or the European Union, ensure adherence to the specific trademark regulations and customary practices of those regions.
•
Avoid Misuse or Confusion
: the use of trademarks must never create confusion or mislead consumers regarding the origin or sponsorship of products and services, the endorsement or affiliation with Lycheeks or third parties without explicit authorization, the uniqueness and goodwill associated with the trademark. Improper use may undermine the trademark’s distinctiveness and legal enforceability.
3. Copyrights
3.1 Ownership of Content
All original materials produced, published, or otherwise made available by Lycheeks—whether created by Lycheeks’ team or generated through its AI technologies—are protected under copyright law and related intellectual property rights. This includes, but is not limited to, software code, written content, visual artwork, designs, images, audio-visual works, and multimedia elements (collectively referred to as the “Content”). Lycheeks expressly reserves all rights to these works, which are owned or licensed exclusively by Lycheeks.
3.2 Rights and Responsibilities Regarding User-Generated Content
Users retain ownership of any original content they create and submit to the platform (“User-Generated Content”). However, by submitting such content, users grant Lycheeks a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, publicly display, and otherwise exploit the User-Generated Content in connection with operating and promoting the platform, as detailed in our Terms of Service. Users affirm that their submissions are original or that they hold all necessary rights and permissions from third parties. It is the user’s responsibility to ensure that their content does not infringe on the copyrights or other intellectual property rights of others.
3.3 Restrictions on Use and Licensing
Except for the specific licenses explicitly granted under Lycheeks’ Terms of Service, no other rights or permissions are conferred regarding the use, reproduction, distribution, modification, or public display of any copyrighted materials hosted on or accessible through the platform. Unauthorized use of copyrighted Content may result in legal action and termination of user access.
4. Prohibited Activities
Users of the Lycheeks platform are strictly prohibited from engaging in any activities that violate intellectual property rights or compromise the integrity of the platform. Specifically, users must not:
• Reproduce, distribute, publicly display, or create derivative works of copyrighted materials without proper authorization;
• Use trademarks, trade names, or logos of Lycheeks or third parties in ways that infringe or dilute their rights;
• Upload, post, or share counterfeit, pirated, or infringing content;
• Misrepresent ownership or authorship of copyrighted or trademarked content;
5. Reporting Intellectual Property Infringements
Lycheeks is committed to upholding intellectual property rights in accordance with applicable laws, including the Italian Copyright Law, the European Union’s Digital Services Act (DSA), and relevant international treaties. We offer a clear and responsive process for reporting suspected infringements on our platform.
5.1 Notification and Takedown Procedure
If you believe that your intellectual property rights—such as copyrights or trademarks—have been infringed on the Lycheeks platform, you may submit a formal notification requesting the removal or restriction of access to the allegedly infringing content. To ensure proper handling, your notice must include the following information:
•
Your full name and contact details
, including an email address and, if applicable, a physical mailing address;
•
A clear description
of the intellectual property work you believe has been infringed;
•
Specific information identifying the location
of the infringing content on the Lycheeks platform (e.g., relevant URL or unique identifier);
•
A good-faith statement
affirming that the use of the material is unauthorized by you, your agent, or the law;
•
A declaration of accuracy
, confirming that the information provided is correct, and that you are the rightful owner of the intellectual property or authorized to act on their behalf;
•
Your physical or electronic signature
, as required under applicable law.
You may submit your notice by sending an email through the
contact us channel.
Once received, Lycheeks will review the claim in a timely manner. If the report is found to be valid, we may remove or restrict access to the infringing content. The reporting party will be notified of any actions taken.
5.2 Submitting a Counter-Notification
If you believe that content you uploaded was removed or disabled as a result of mistake or misidentification, you have the right to submit a counter-notification. A valid counter-notice must include:
•
Your full name and contact information
, including email and mailing address;
•
Identification of the material
that was removed or to which access was disabled, including its prior location on the platform;
•
A statement under penalty of perjury
that you believe the content was removed or disabled in error;
•
Your consent to the jurisdiction
of the appropriate courts and your agreement to accept service of process from the original complainant.
As in previous section 5.1, you may submit your notice by sending an email through the
contact us channel.
Upon receipt of a valid counter-notice, Lycheeks will evaluate the claim and may restore the content, provided this complies with applicable legal requirements. All parties involved will be notified of the outcome
6. Enforcement and Remedies
Lycheeks takes the protection of intellectual property rights seriously and is committed to maintaining a respectful and lawful environment on its platform. In the event of a violation of this policy, Lycheeks may take one or more of the following actions, as deemed appropriate:
• Temporarily or permanently suspend or terminate user accounts found to be in breach of intellectual property laws or platform policies;
• Remove or disable access to content that is alleged or confirmed to infringe on the rights of others;
• Where necessary, pursue legal remedies, which may include civil proceedings for damages or, in serious cases, referral for criminal enforcement in accordance with applicable laws.
Lycheeks reserves the right to exercise any legal or equitable remedy available to safeguard its own intellectual property rights as well as those of its licensors, partners, and users. Our goal is to foster a secure and respectful platform where creativity and ownership are properly recognized and protected.
7. Policy Updates
We may revise this policy from time to time in response to changes in applicable law, business practices, or new challenges. When updates occur, the latest version will be published on our website, with the updated effective date clearly indicated. We encourage you to check back periodically for any changes.