Last updated: January 2024

KYG Trade respects the intellectual property rights of others and asks that our End Users do the same.  We continually invest significant resources to create software, text, and other materials. To protect our investment, we diligently guard against infringement of our proprietary materials, covered by various intellectual property rights under copyright, trademark, and patent principles. KYG Trade will aggressively enforce its intellectual property rights to the fullest extent of the law.  All rights not expressly granted herein are reserved.

The KYG Trade Website, Blog, Applications, and Marketplace (“Platform”) and the entire contents, features, and functionality (including but not limited to all information, software (including object code and source code), text, displays, images, photos, graphics, video, audio, diagrams, web content, testing materials, exams, and the design, selection, and arrangement thereof) are owned by KYG Trade, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  Any unauthorized use of the KYG Trade’s intellectual property may constitute a breach of copyright, trademark, or other intellectual property laws and may subject you to criminal or civil charges and penalties, or both, under applicable federal, state and local laws.

1.     Copyrights Generally.  Copyright is a legal right that protects original works of authorship (e.g., music, videos, performances, etc.). Generally, copyright protects an original expression of an idea but does not protect underlying ideas or facts.  KYG Trade does not allow any content to be uploaded or otherwise associated with the Platform and/or Services that infringes a valid copyright. Any use of copyrighted content of KYG Trade or others without proper authorization or a legally valid reason may lead to a violation. In some cases, you may be required to provide evidence to prove that you are entitled to use the copyrighted content of others.

2.     KYG Trade’s Copyrights.  The Content on the Platform, including without limitation, the text, software, scripts, code, design, images, graphics, photos, sounds, music, videos, applications, interactive features, articles, sketches, animations, stickers, general artwork, the “look and feel” of the Platform, and the like ("Content"), is owned by KYG Trade or our licensors or other users and is protected by copyright and other laws and regulations of the United States and foreign jurisdictions.  

The Content and the Platform generally, are subject to change or termination without notice.  You must not delete or alter any copyright or other notice KYG Trade places on any of our Content. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited.  

The Content is available for your personal informational purposes only.  The Content is owned by KYG Trade, its affiliates, or other third parties who have licensed their rights in content to KYG Trade.  Content, other than your own user content (as defined herein below) may not be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast, or circulated to any third party without the express written consent of KYG Trade.

You may not use Content in any way not expressly permitted by the Terms of Use.  Breach of this provision will automatically terminate your right to use the Content.  Outside of the specific usage rights granted to you by KYG Trade in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, disseminate, broadcast, circulate, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without KYG Trade’s prior written consent. You may not, nor allow any third party (whether or not for your benefit) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website), or otherwise use, any Content without the express prior written consent of KYG Trade or its affiliates.

To the extent that KYG Trade approves the download or use of our Content comprised of copyrightable works, KYG Trade grants you a limited, personal, non-transferrable, non-sublicensable, and revocable license to access, use, view, or download a single copy of, the Content solely for your personal, non-commercial use.   You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), KYG Trade reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason.  Further, allowing this limited use does not constitute a waiver of any of KYG Trade’s rights to the Content. KYG Trade reserves the right to take down any Content in violation of these terms or KYG Trade’s intellectual property rights.  Should you have further questions regarding our policy for our copyrighted materials, please contact info@kygtrade.com.

3.     Copyright Infringement.  Any user content that infringes another person’s copyright may be removed from the Platform. Your account may be suspended or terminated for copyright violations in connection with your use of the Platform and/or Services.

(a)       Copyright Infringement Notification.  KYG Trade does not permit copyright infringing activities and infringement of intellectual property rights on its Platform and will remove all User Content and User Submissions if properly notified that such User Content or User Submission infringes on another's intellectual property rights. KYG Trade reserves the right to remove User Content and User Submissions without prior notice.

If you believe that content appearing on the Platform has copied your work in a way that constitutes copyright infringement, please provide KYG Trade’s copyright agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is KYG Trade's policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible, while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify.

If you are concerned about the removal of or blocked access to your content, please provide KYG Trade’s copyright agent with a “Counter-Notification.”  The process specified below is consistent with that provided under the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).

(b)       DMCA Notification of Alleged Copyright Infringement. If you believe that any material on the Platform infringes upon any copyright that you own or control, you may file a copyright infringement notification with us.  To file a copyright claim, please notify us via email at info@kygtrade.com or U.S. Postal mail: 220 Newport Center Drive, Suite 11391, Newport Beach, California 92660.

In your notification, please: 

1.     Identify the copyrighted work or works you claim has been infringed.

2.     Identify the material on the Platform that you claim is infringing or is the subject of infringing activity and that is to be removed; please include information reasonably sufficient to permit us to locate the material.

3.     Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.

4.     Provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

5.     Confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed.

6.     Provide your contact details, including an email address.

(c)       DMCA Counter-Notification. If you believe that your User Submission, which was removed from our Platform in response to a Copyright Infringement Notification is not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the content in your User Submission, you may send a counter-notice to KYG Trade containing the following information:

1.     Identification of your User Submission which was removed.

2.     A statement that you have a good faith belief that the content was removed as a result of a mistake or misidentification of the content.

3.     Your name, address, telephone number and email address, Your physical or electronic signature.

4.     A statement that you consent to the jurisdiction of the federal court in Michigan and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

4.     Trademarks.  Our Platform may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. The trademarks, service marks, and logos contained therein ("Marks"), are the property of KYG Trade and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners or other respective owners, and is subject to and protected by intellectual property rights under the law, laws and regulations of the United States and foreign jurisdictions, and may not be duplicated, copied, modified or adapted, in any way without our written permission. 

The trademarks, names, slogans, logos, characters and service marks (collectively "Trademarks") displayed on our Platform belong to KYG Trade or have been licensed to us.  Nothing contained on our Platform should be construed as granting any license or right to use, copy, display, distribute, modify, or reproduce any Trademarks displayed on our Platform. Your use/misuse of the Trademarks displayed on our Platform, except as provided in our Terms of Use, is strictly prohibited.  The Trademarks of KYG Trade include, but are not limited to:

In addition, all Platform page headers, custom graphics, button icons, graphical user interfaces, and scripts are service marks, trademarks, and/or trade dress of KYG Trade. You may not copy, imitate, or use these service marks, trademarks, and/or trade dress without the prior written consent of KYG Trade.

5.     KYG Trade’s Patents. This website is also provided to satisfy the virtual patent marking provisions of various jurisdictions, including the virtual patent marking and notice provisions of 35 U.S.C. § 287(a).

Patents and other products of KYG Trade, which are not listed here, may be protected by one or more patents, which may be issued or pending in the United States of America and elsewhere. This information is subject to change without notice.

Should you have further questions regarding Our Intellectual Property, please contact info@kygtrade.com.