Terms of Service

CopyCatch, LLC is the brain child of Joe Sofer, who is an intellectual property lawyer with over quarter century of experience.  During his many years representing clients in complex copyright, trademark and patent issues, Joe realized that many times individuals and companies neglect to register their valuable copyrights because of costs or logistics.  Although in the United States an author owns the copyright as soon as the work is created, the registration provides valuable benefits such as the right to sue for infringement in the Federal Court and the right to collect statutory damages and attorney fees.  As a result Joe launched CopyCatch which is an app and web portal designed to enable copyright owners to register their work right from their smart phones, tablets or desktops, with ease, comfort and affordable fees.

BY USING COPYCATCH SERVICES OR ACCESSING ITS WEBSITE, APP OR CONTENTS YOU ACKNOWLEDGE THAT YOU HAVE READ THE FOLLOWING TERMS OF USE AND AGREE TO BE BOUND BY THEM.

You understand and agree that although CopyCatch strives to keep up-to-date with the latest advances and decisions in Copyright law, it is not a law firm or an attorney, and it does not perform services of an attorney.  Instead, CopyCatch provides forms or templates that simplify the registration process for those who want to represent themselves.  As such you understand that you are representing yourself in the copyright registration process. No attorney-client relationship or privilege is created with CopyCatch.

CopyCatch services are limited to reviewing your submissions for completeness and consistency.  You hereby authorize CopyCatch to file on your behalf your copyright application with the Copyright Office.  You agree to read your final filled form or template before submitting your application to CopyCatch for filing your copyright application with the Copyright Office.

You agree that by using the website or the App for any service provided by CopyCatch, you are at least 18 years old and you are able to enter into a contract.

You hereby grant CopyCatch a worldwide, royalty-free, non-exclusive, and fully sub-licensable license to use, distribute, reproduce, modify, publish and translate any information or data you have provided to CopyCatch solely for the purpose of enabling the performance of applicable services provided by CopyCatch and to provide you with information concerning other corollary services.

When you submit your email address through CopyCatch website or App, or provide it to an agent of CopyCatch, you agree that CopyCatch may use the email address to contact you concerning its existing products and services.

CopyCatch respects your privacy.  When you Register your copyright through the website or CopyCatch App, you must provide complete and accurate information as requested.  You are entirely responsible for keeping your username and password confidential.  Do not use a third party’s account, user name or password at any time.  In case you become aware of an unauthorized use of your account you must notify CopyCatch immediately.  Any information that you provide to us, including any copyrighted Work in any medium shall be held in confidence with us at our Servers in accordance to commercially acceptable security standards.  We will retain a record of users who have contacted CopyCatch website or App in order to respond properly and undertake the services CopyCatch will perform on your behalf.

CopyCatch may employ other companies and individuals to perform functions on its behalf.  CopyCatch agents and contractors who have access to your personally identifiable information are required to protect the information in a similar manner that is consistent with our privacy standards.

CopyCatch may provide access to your personally identifiable information when legally required to do so, such as for example when it is required to cooperate with police investigations or other legal proceedings or to protect against misuse or unauthorized use of CopyCatch website or App, or to limit CopyCatch’s legal liability, and to protect its rights, or to protect the rights and safety of others.

As soon as CopyCatch submits your application for registration to the United States Copyright Office you will receive a notification confirming the submission.  In the event that CopyCatch abandons your order and you fail to receive a notification from CopyCatch confirming the submission of your application to the Copyright Office within 60 days from the time you submitted your application to CopyCatch, you shall be entitled only to liquidated damages equal to the amount paid to CopyCatch for your order.

CopyCatch Website is operated in the United States.  If you are located outside of the United States any information you provide to us will be transferred to the United States.  Copy Catch Website and App are maintained by

Creative Shift, Inc.

E211 W. WACKER DR. FL 3 | CHICAGO, IL 60606
20550 S. LA GRANGE RD. | STE. 110 | FRANKFORT, IL 60423

United States

 

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD COPYCATCH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COPYCATCH, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. CURRENTLY, THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

COPYCATCH WEBSITE, APP, AND ALL MATERIALS, DOCUMENTS, FORMS AND INFORMATION PROVDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY LAW, COPYCATCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHEHTER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

COPYCATCH MAKES NO WARRANTY THAT THE WEBSITE OR THE APP, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS, AND THAT THE SITE, THE APP OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS.  COPYCATCH FURTHER MAKES NO WARRANTIES THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THE APP OR ANY MATERIALS OFFERED THROUGH THE SITE OR THE APP, WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR THE APP IS DONE AT YOUR OWN RISK. COPYCATCH SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, OR ANY LOSS RESULTING FROM THE DOWNLOAD OF ANY CONTENT, MATERIAL OR INFORMATON OR SOFTWARE FROM COPYCATCH. THIS DISCLAIMER DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

CopyCatch reserves the right to refuse service to anyone and to cancel user access at any time.  Any material that you have saved at CopyCatch Servers may become inaccessible at any time.  To this end, you must keep and store a copy of all material that you provide to CopyCatch at your preferred storage destination.

CopyCatch reserves the right at any time to modify or discontinue its service without any notice.

You agree that CopyCatch shall not be liable to you or to any third party for any modification, or discontinuance of its service.

CopyCatch grants you a limited, non-assignable, non-exclusive license to use the website or the App and the forms employed therein for your personal, business use.  Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works, reverse engineer, alter, enhance or in any way exploit any content belonging to CopyCatch.

You hereby agree to indemnify and hold CopyCatch, its officers, directors, employees, affiliates and subsidiaries harmless against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, including defense costs, arising out of or relating to any breach of your representations and covenants.  CopyCatch reserves the right to exercise control over the defense of any matter that is subject to your duty to defend and indemnify CopyCatch, including the right to select its own attorneys.

You agree that CopyCatch reserves the right to refuse service to anyone and to cancel user access at any time.

CopyCatch may terminate your license to use its website or APP at any time for any reason.

You acknowledge that any false statements made willfully to United States Copyright Office may jeopardize the validity of your registration and the rights obtained from it.  To this end you agree to provide accurate and truthful information in connection with your copyright application.

You agree that you are legally and ethically responsible for all information and content that you provide to CopyCatch.  To this end you agree that you will not submit any information that is known by you to be false, inaccurate or misleading.  You will not submit any information and content that infringes another person’s copyright, trademark, trade secret, patent or any other proprietary right or rights of publicity or privacy.  You agree that you will not submit any information and content that violates any law, statute, ordinance or regulation that is currently enforced in the United States or will be enforced in the future.  You agree that you will not submit any information or content that is, or may be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, harassing or advocating illegal or hateful conduct.  You agree that you will not submit any information or content that includes any computer virus, worms or other algorithms that can cause damage to a computer or to content stored therein.

In the event that you ever realize that information provided by you to secure copyright registration is inaccurate, you agree to immediately notify us of such error.  CopyCatch will do whatever it can to correct the error.  You agree that any services provided by CopyCatch for correction of errors may require additional fees.

In the event that the Copyright Office rejects your application for any reason, you agree that you are not entitled for a refund, unless the reason for the rejection was solely attributed to an error by CopyCatch.  You acknowledge that there may be additional fees in connection with any service provided by CopyCatch to provide a response to overcome a rejection by the Copyright Office.

You agree that CopyCatch does not warranty that your use of any copyright is authorized by law or cannot be challenged by potential third parties.

This Agreement shall be construed, interpreted and governed by the laws of the State of New York, without regard to conflicts of law provisions.  The exclusive forum for any dispute arising out of or relating to this Agreement shall be a court sitting in New York, New York.  If any part of this Agreement is found invalid or unenforceable by a court, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.  In the event of a dispute arising out of this Agreement, the prevailing party shall be entitled to its reasonable attorney fees.  A party is prevailing where there is no further recourse to a finding against it.

BY USING COPYCATCH SERVICES OR ACCESSING ITS WEBSITE, APP OR CONTENTS YOU ACKNOWLEDGE THAT YOU HAVE READ THE ABOVE TERMS OF USE AND AGREE TO BE BOUND BY THEM.