Intellectual Property

CONTENT & INTELLECTUAL PROPERTY POLICY

This Content & Intellectual Property Policy (the “Policy”) governs all rights, obligations, and responsibilities related to content uploaded, published, transmitted, or otherwise made available by Users (“User”, “you”, “your”) on the Platform operated by ABCPLATFORM S.L., NIF: B23995418, (the “Company”, “we”, “our”, or “us”). This Policy applies to all categories of Users, including Students, Teachers, Organizations, and Affiliates, and covers all forms of User-Generated Content, including but not limited to text, images, videos, audio, course materials, assignments, communications, event listings, and any other content posted or shared on the Platform.
By submitting, uploading, or otherwise making content available on the Platform, you expressly agree to be bound by this Policy, our Terms & Conditions (User Agreement), Privacy Policy, Cookie Policy, and Subscription & Commission Terms.

ARTICLE I – DEFINITIONS AND INTERPRETATION

1.1 Definitions
For the purposes of this Policy:
(a) “Content” means any data, material, text, images, video, audio, documents, software, code, or other works uploaded, published, transmitted, or otherwise made available on the Platform by Users.

(b) “User-Generated Content (UGC)” refers to any Content created and provided by a User.

(c) “Intellectual Property Rights (IPR)” means all rights recognized under applicable laws, including copyrights, trademarks, patents, trade secrets, database rights, and moral rights.

(d) “License” means the rights granted by Users to the Company as described in Article III.

(e) “Prohibited Content” means any content deemed unlawful, harmful, infringing, defamatory, obscene, or otherwise unacceptable as defined in Article V.

(f) “Takedown Notice” means a request for removal of infringing or unlawful content in compliance with applicable laws (including DMCA equivalents).

1.2 Interpretation
(a) Words in singular include plural and vice versa.

(b) References to “including” mean “including without limitation.”

(c) Headings are for convenience only and do not affect interpretation.

ARTICLE II – OWNERSHIP OF CONTENT

2.1 User Ownership
(a) Users retain full copyright ownership and moral rights in their Content, subject to the licenses granted under this Policy.

(b) Users may freely use, distribute, or exploit their Content outside of the Platform, provided such use does not conflict with licenses granted to the Company.

2.2 Company Ownership of Platform IP
(a) All Intellectual Property in the Platform itself (including software, code, algorithms, branding, logos, trade names, and design) is owned exclusively by the Company.

(b) Users are not granted any rights in Platform IP except as necessary for use of services.

ARTICLE III – LICENSE GRANTED TO THE COMPANY

3.1 License Scope
By uploading or making Content available on the Platform, Users grant the Company an irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to:
(a) Use, copy, store, reproduce, distribute, publish, and transmit Content.

(b) Modify, adapt, translate, and create derivative works from Content.

(c) Display and publicly perform Content.

(d) Use Content for commercial purposes, including resale, marketing, advertising, and promotional activities.

3.2 Duration
The License survives termination of the User account, unless Content is lawfully removed in compliance with this Policy.

3.3 Sub-Licensing
The Company may sublicense Content to third parties (e.g., partners, affiliates, contractors) for the purposes stated above.

3.4 Moral Rights Waiver
To the maximum extent permitted by law, Users waive any moral rights (e.g., rights of attribution or integrity) in relation to Content used by the Company.

ARTICLE IV – USER WARRANTIES AND REPRESENTATIONS

4.1 Originality and Rights
Users represent and warrant that:
(a) They are the sole owners of the Content or have obtained valid licenses to upload and use the Content.

(b) Content does not infringe any Intellectual Property Rights, moral rights, or contractual obligations of third parties.

4.2 Legality and Compliance
Users warrant that Content:
(a) Complies with applicable laws, regulations, and industry standards.

(b) Is not subject to restrictions preventing its publication or distribution.

(c) Does not require any additional permissions, royalties, or clearances not already secured by the User.

4.3 Indemnity for Breach
Users agree to indemnify and hold harmless the Company from any claims, losses, damages, or liabilities arising from breach of warranties.

ARTICLE V – PROHIBITED CONTENT

5.1 Categories of Prohibited Content
The following types of Content are strictly prohibited:
(a) Sexually Explicit or Pornographic Material – Including child exploitation, obscene or indecent imagery.

(b) Hate Speech and Discrimination – Content inciting hatred, racism, sexism, homophobia, or discrimination based on protected categories.

(c) Defamatory or Libelous Material – Content damaging the reputation of individuals or entities.

(d) Incitement to Violence or Terrorism – Content encouraging illegal acts or harm to others.

(e) Infringing Content – Unauthorized copies of copyrighted works, trademark violations, patent infringement.

(f) Illegal or Unlicensed Content – Including pirated software, counterfeit materials, or unlicensed educational content.

5.2 Company’s Sole Discretion
The Company reserves the right to determine whether Content violates this Policy.

ARTICLE VI – PLATFORM RIGHTS REGARDING CONTENT

6.1 Removal and Blocking
(a) The Company may remove, block, or disable Content at any time without notice if it violates this Policy or applicable law.

(b) Repeat violations may result in account suspension or termination.

6.2 Use for Promotion
The Company may use Content (including courses, images, videos) for:
(a) Marketing campaigns, advertisements, and public relations.

(b) Demonstrating Platform features.

(c) Resale or redistribution as part of bundled services.

6.3 Archival Rights
The Company may retain and archive Content for compliance, backup, or legal purposes, even after removal from public view.

ARTICLE VII – LIABILITY FOR CONTENT

7.1 User Responsibility
Users are solely responsible for all Content they upload or make available.

7.2 Company Disclaimer
The Company does not endorse, monitor, or guarantee accuracy of User Content and disclaims liability except as required by law.

7.3 Third-Party Claims
Users shall indemnify and defend the Company against claims arising from:
(a) Copyright infringement.

(b) Trademark misuse.

(c) Defamation or privacy violations.

(d) Breach of contractual obligations to third parties.

ARTICLE VIII – COPYRIGHT INFRINGEMENT AND TAKEDOWN

8.1 Takedown Requests
Any individual or entity claiming infringement may submit a Takedown Notice with details of the infringing Content.

8.2 Response Procedure
(a) The Company will investigate promptly.

(b) If infringement is confirmed, Content will be removed.

(c) Users may submit counter-notices asserting lawful use.

8.3 Repeat Infringers
Accounts repeatedly posting infringing Content may be terminated.

ARTICLE IX – ENFORCEMENT AND PENALTIES

9.1 Enforcement Actions
Violations may result in:
(a) Warnings.

(b) Temporary suspension.

(c) Permanent termination.

(d) Forfeiture of Wallet balances.

(e) Legal action.

9.2 No Waiver
Failure to enforce a provision does not constitute a waiver.

ARTICLE X – LIMITATION OF LIABILITY

10.1 Company Limitation
To the fullest extent permitted by law, the Company shall not be liable for:
(a) Losses arising from User Content.

(b) Indirect or consequential damages.

(c) Claims based on third-party rights violations.

10.2 Cap on Liability
The Company’s total liability shall not exceed the amount paid by the User to the Company in the three (3) months preceding the claim.

ARTICLE XI – INTERNATIONAL INTELLECTUAL PROPERTY COMPLIANCE

11.1 This Policy complies with:
(a) EU Directives on Copyright and IP.

(b) Berne Convention for the Protection of Literary and Artistic Works.

(c) WIPO treaties.

(d) Local copyright laws where the Platform operates.

ARTICLE XII – SURVIVAL OF RIGHTS

12.1 The license granted to the Company, indemnification provisions, and liability limitations survive account termination.

ARTICLE XIII – AMENDMENTS

13.1 The Company may amend this Policy at any time.
13.2 Updates will be posted on the Platform, and continued use constitutes acceptance.

ARTICLE XIV – CONTACT INFORMATION

14.1 For questions or IP-related claims, contact:

Email: legal@abcplatform.com