Intellectual Property Policy

Last updated: 28 March 2024

APP Spark9 is an intermediary platform, a joint venture between SKY LASER ENTERPRISES SDN. BHD. and WI ECOSYS PTE. LTD. (“Spark9”), for users to record and share beautiful moments of life (the “Service”). Spark9 respects intellectual property and has adopted a general policy regarding intellectual property by the Copyright Act and other intellectual property acts of Malaysia and The Republic of Singapore.

This policy constitutes an integral part of the Terms of Services of Spark9 and shall be read together with the Terms of Services. The use of services provided by Spark9 shall be deemed acceptance of this policy.

To use Spark9’s Service, You, as a User, shall ensure that you have the right to upload to Spark9 any content under the applicable law of your residence, and such content shall not infringe the rights of any third parties. Such content shall not violate any applicable laws and regulations.

Spark9 reserves the right, with or without notice, at any time and in our sole discretion to block access to and terminate the accounts of any user who infringes any copyrights, trademarks or other intellectual property rights.

This Intellectual Property Policy identifies how Spark9 responds to alleged intellectual property infringements on APP Spark9.

Copyright Infringement Notice

Spark9 prohibits any content that constitutes copyright infringement and will cause infringement if you use the copyrighted work of others without authorisation or other reasonable legal basis. In some cases, we may request you provide evidence proving you have the right to use copyrighted work.

Copyright Violation Notification Process

Suppose a person believes that his or her (its) copyright-protected work was posted on Spark9’s site or app or otherwise hosted by Spark9 without authorisation; he or she may submit a copyright infringement notification.

The notification must include the following information:

1. Information of copyright owner, including name of person or entity, an email address, physical address or phone number so that Spark9 and the uploader (the “User”) of the work can reach the copyright owner. An authorisation letter is required for an authorised representative of the copyright owner.
2. A clear and complete description of the work you believe has been infringed. Preliminary proof for copyright infringement, including but not limited to a copyright certificate issued by an authorised institution, materials showing the publication date of copyrighted work, etc.
3. The URL or other identifying location of the allegedly infringing work.
4. A statement that the copyright owner has a good faith belief that the use of the work in the manner complained of is not authorised by the copyright owner, its agent, or law.
5. A statement made under penalty of perjury that the above information is accurate and, in the agency’s case, that a representative is authorised to act on behalf of the owner.
6. The physical or electronic signature and seal of the copyright owner or an authorised representative of the copyright owner. A complete legal name (not that of a company) at the bottom of your notification is required to satisfy this requirement.

Submit the above information to us by Email: legal#spark9asia.com (replace # with @)

All information submitted in the copyright infringement notification (including your name, address, phone and email address) may be forwarded to whoever posted the allegedly infringing work.

Counter-Notification Process

Suppose Spark9 receives a valid notification of alleged copyright infringement (the “Notification”); Spark9 will take reasonable steps to contact the User who uploaded to APP Spark9 the relevant allegedly infringing material (the “Material”). The User may then submit a valid counter-notification to the Notification (the “Counter-Notification”). During the process, Spark9 would remove the infringing work or restrict access to the work until the dispute is resolved.

Please note that Spark9 may provide copies of any Notifications or Counter-Notifications to any person when required by law or as reasonably needed by us to protect our interests.

A counter-notification must include the following information of the User:

1. The contact information includes full legal name, email address, physical address, and phone number. An authorised representative of the User, such as an attorney, shall provide an authorisation letter between the representatives and represented.
2. Identify the location, including any URL, of the work removed or disabled.
3. Preliminary proof for not constituting infringement, including but not limited to a copyright certificate issued by an authorised institution, materials showing the publication date of your copyrighted work, etc.
4. The User shall agree to and include the following statement: “I consent to the jurisdiction of the Singapore courts for the district in which my address is located, or if my address is outside of Singapore, the judicial district in which Spark9 is located, and will accept service of process from the claimant.” And the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the work was removed or disabled as a result of a mistake or misidentification of the work to be removed or disabled.”
5. The physical or electronic signature of the copyright owner or an authorised representative of the copyright owner. To satisfy this requirement, the User shall type his or her full legal name (not that of a company) at the bottom of the electronic counter-notification.

Submit the above information to us by Email: legal#spark9asia.com (replace # with @)

The counter-notification process may take 10 business days, so please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down. Please note that Spark9 will forward the entire counter notice to the copyright claimant, including any personal information the User provides, and the counter-notification may be made public. The claimant may use this information to file a lawsuit against the User.

The decision to re-post any work is at Spark9’s sole discretion.

Note

Either the copyright claimant or the User (the alleged infringer), please think twice before submitting a copyright infringement notification or counter-notice, especially if you are unsure whether you are the actual rights holder or authorised to act on a rights holder’s behalf. There are legal and financial consequences for fraudulent and bad-faith submissions. Please be sure that you are the actual rights holder, have a good faith belief that the work was removed in error, and understand the repercussions of submitting a false claim.

Trademark Infringement Notice

Spark9 prohibits any content that constitutes trademark infringement and will cause infringement if you use the trademark of others without authorisation or other reasonable legal basis. In some cases, we may request you provide evidence proving you have the right to use copyrighted work.

Trademark Violation Notification Process

Suppose a person believes that his or her (its) trademark was posted on Spark9’s site or app or otherwise hosted by Spark9 without authorisation; he or she may submit a trademark infringement notification.

The notification must include the following information:

1. Information on the trademark owner, including name of person or entity, email address, physical address, or phone number, so Spark9 and the work uploader can reach the trademark owner. An authorisation letter is required for an authorised representative of the trademark owner.
2. A clear and complete description of the trademark you believe has been infringed. Preliminary proof for trademark infringement includes but is not limited to a trademark certificate issued by an authorised institution, materials showing the publication date of the trademark, etc.
3. The URL or other identifying location of the allegedly infringing trademark and a description of how the content infringes your trademark.
4. A statement that the trademark owner has a good faith belief that using the trademark in the manner complained of is not authorised by the trademark owner, its agent, or law.
5. A statement made under penalty of perjury that the above information is accurate and that a representative is authorised to act on behalf of the owner in the agency’s case.
6. The physical or electronic signature and seal of the copyright owner or an authorised representative of the copyright owner. A complete legal name at the bottom of your notification is required to satisfy this requirement.

Submit the above information to us by Email: legal#spark9asia.com (replace # with @)

All information submitted in the trademark infringement notification (including your name, address, phone and email address) may be forwarded to whoever posted the allegedly infringing trademark.

Counter-Notification Process

Suppose Spark9 receives a valid notification of alleged trademark infringement (the “Notification”); Spark9 will take reasonable steps to contact the User who uploaded to APP Spark9 the relevant allegedly infringing material (the “Material”). The User may then submit a valid counter-notification to the Notification (the “Counter-Notification”). During the process, Spark9 would remove the infringing trademark or restrict access to the trademark in question until the dispute is resolved.

Please note that Spark9 may provide copies of any Notifications or Counter-Notifications to any person when required by law or as reasonably needed by us to protect our interests.

A counter-notification must include the following information of the User：

1. The contact information includes full legal name, email address, physical address, and phone number. An authorised representative of the User, such as an attorney, shall provide an authorisation letter between the representatives and represented.
2. Identify the location, including any URL, of the trademark that has been removed or disabled.
3. Preliminary proof for not constituting infringement, including certificate of right, including but not limited to trademark certificate issued by authorised institution, etc.
4. The User shall agree to and include the following statement: “I consent to the jurisdiction of the Singapore courts for the district in which my address is located, or if my address is outside of Singapore, the judicial district in which Spark9 is located, and will accept service of process from the claimant.” And the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the work was removed or disabled as a result of a mistake or misidentification of the work to be removed or disabled.”
5. The physical or electronic signature of the trademark owner or an authorised representative of the trademark owner. To satisfy this requirement, the User shall type his or her full legal name at the bottom of the electronic counter-notification.

Submit the above information to us by Email: legal#spark9asia.com (replace # with @)

The counter-notification process may take 10 business days, so please be patient. During this time, the trademark claimant may file an action seeking a court order to keep the content down. Please note that Spark9 will forward the entire counter-notice to the trademark claimant, including any personal information the User provides, and the counter-notification may be made public. The claimant may use this information to file a lawsuit against the User.

The decision to re-post any work is at Spark9’s sole discretion.

Note

Either the trademark claimant or the User (the alleged infringer), please think twice before submitting a trademark infringement notification or counter-notice, especially if you are unsure whether you are the actual rights holder or authorised to act on a rights holder’s behalf. There are legal and financial consequences for fraudulent and bad-faith submissions. Please be sure that you are the actual rights holder, have a good faith belief that the work was removed in error, and understand the repercussions of submitting a false claim.

Repeated Infringement

Any User content infringing any third party’s intellectual property would be deleted. Your account may be suspended or terminated due to violation of multiple infringements or other breaches of terms of service and any community guideline issued by Spark9 from time to time.

General Consideration

As a User of Spark9, you shall be responsible for what you upload. If you have doubts regarding copyright or trademark law or whether some materials infringe on others’ intellectual property rights, you should seek legal advice before submitting the claim to us.

The complainant shall bear all responsibility and compensate for any losses caused by handling of the relevant account by Spark9 according to the complainant’s infringement notice in case infringing materials are not entirely accurate, including but not limited to losses arising out of compensation by Spark9 to the third party, of reputation or goodwill of Spark9.

We may contact you in case of any query to your report or notice. Please note that Spark9 cannot resolve disputes among third parties and may be unable to delete content or alleged infringing accounts. Copyright or trademark infringement notice and counter-notice shall be written in English. At our sole discretion, we are entitled to determine whether or not to accept non-English notice.

Spark9 Copyright Announcement

The short video materials or templates in the Spark9 function, except for officially announced materials or templates produced by Spark9 in collaboration with its partners, are the results of voluntary uploads by Spark9 Users. Spark9 does not assume responsibility for the videos uploaded by these users.

Modification of the Policy

Spark9 may amend this policy from time to time following the development of the internet or changes in relevant laws, regulations or regulatory documents. In case of any policy change, Spark9 will publish a revised version of this policy on the Spark9 app and website. The revised policy shall take effect from the date of the new terms. Spark9 may notify material changes in this policy by email or private message.