Peloton Intellectual Property and DMCA Policy
This Peloton Intellectual Property and DMCA Policy (this “Policy”) sets forth additional requirements, guidelines, rights and licenses with regard to Peloton’s intellectual property and the intellectual property of others. This Policy also applies to Peloton licensees, developers, Members, customers and other parties wishing to use our intellectual property. This Policy forms part of the Terms of Service and any capitalized terms used, but not defined here, have the meanings assigned to such terms in the Terms of Service.
1. Peloton Intellectual Property
Peloton respects the intellectual property rights of others, and we ask our users to do the same. Each user is responsible for ensuring that their User Content does not infringe any third party’s copyrights, trademarks, or other intellectual property rights. While we appreciate your enthusiasm for the Peloton brand, the Peloton Service, our instructors and community, we ask that you respect our intellectual property rights and adhere to this Policy and the Terms of Service, including Section 18 (Intellectual Property Acknowledgement).
As between you and Peloton, Peloton owns the Peloton Service, the Content, Trademarks (as defined below), copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials and information displayed on or otherwise made available through the Peloton Service, other than content that has been licensed to us by third parties (collectively, “Peloton IP”). This includes all intellectual property and proprietary rights in and to such Peloton IP. As a reminder, the Peloton Service is only for your personal, non-commercial use.
The Peloton name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of Peloton Interactive, Inc. and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Peloton Service or in this Policy should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent.
Any other trademarks appearing on the Peloton Service are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content that they make available through the Peloton Service. All rights not expressly granted in this Policy or the Terms of Service are reserved.
2. Authorized Use of Peloton Intellectual Property
- Peloton Content and Trademarks. Only Peloton and its authorized licensees may use the Content and/or Trademarks in advertising, promotional, and marketing assets or materials or for any other commercial purpose.
Any permitted use must at all times be made in accordance with the agreement between licensee and Peloton and must adhere to the following requirements:
- The Content and/or Trademarks are not modified or combined with other marks in any way, including, but not limited to changing the color, ratio, audio, audio-visual, font or materials captured or contained therein.
- Include attributions as required by Peloton.
- Such use presents Peloton, the Content, and our products, services and brand in a favorable light.
- The Trademarks or Peloton name are not part of the service or product name or domain names or websites, nor are any variations, abbreviations or formative uses (such as “Pelo”), phonetic equivalent, or foreign language translations.
- The “Peloton” word mark appears less prominently than the name of your service or product.
- Any reference to Peloton and/or the Content or our services and products must not appear to endorse, sponsor, show an affiliation with or association between Peloton and/or the Content or our services and products and you or your products and services.
Any unauthorized use of our Trademarks or Content is strictly prohibited.
Compatibility. Licensees may use the “Peloton” word mark solely for referential purposes on packaging or materials to state that their service or product may be used with the Peloton Service or our products; provided that they comply with the requirements of Section 2(a) above and the following requirements:
- Compatibility is not dependent upon your access to the Peloton Service or our API and does not violate the Terms of Service.
- The service or product may in fact be used with or is compatible with the Peloton Service or our products.
Use of Peloton’s “P” logo without our express permission is strictly prohibited.
Merchandise/Goods. You may not produce, manufacture or sell merchandise, products or services incorporating any Peloton Trademarks. Examples include but are not limited to t-shirts, jackets, mugs, bags, and flags.
Depictions of Peloton Products and/or Services. Peloton logos, company names, product names, or images of Peloton products (e.g., silhouettes of the Peloton Bike) or user interfaces must not be used in marketing, promotional or advertising materials as such use may create the perception that Peloton endorses, sponsors or is affiliated or associated with the product, service or promotion. Peloton does not support the imitation of distinctive Peloton products, web design, logos, packaging or typefaces.
Rules for Referencing Peloton Products and Services. Please remember that any use of the Trademarks should be used as an adjective (e.g., the Peloton Bike, the Peloton service, a Peloton cycling class) not as a noun or gerund (e.g., "Pelotoning").
3. Peloton Intellectual Property Restrictions and Reservations
Except as expressly permitted by Peloton, you may not download, display, copy, distribute, modify, perform, transfer, use, license, sublicense, create derivative works from, sell or otherwise exploit any Peloton IP. Additionally, you are not permitted to alter, delete or conceal in any manner any copyright, Trademark, or other notices contained on the Peloton Service, including, without limitation, notices on any Content you transmit, display, print, stream, or interact with on the Peloton Service. Any unauthorized or prohibited use of any Peloton IP may violate or infringe copyrights or other intellectual property laws of the United States and other countries, as well as applicable local and state laws, and may subject you to liability for such unauthorized use.
Peloton retains all right, title and interest in and to the Peloton IP, and except for the limited rights and licenses granted to you under this Policy or the Terms of Service, nothing shall be construed to restrict, impair, encumber, license, alter, deprive or adversely affect the Peloton IP, or any of Peloton’s rights or interests therein.
4. Third Party Intellectual Property Infringement
If you believe that the Peloton Service or any Content (including User Content) infringes or misappropriates your intellectual property rights or the intellectual property rights of others (other than copyrights), please submit written notice to us at IP@onepeloton.com.
5. Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice to our copyright agent (contact information below) containing the following information:
- Your name, address, telephone number, and email address.
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the Peloton Site the material that you claim is infringing may be found, sufficient for Peloton to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
You may submit this information, or any counter-notice, via:
- Email, with the subject line “Copyright Notices” to: email@example.com
Peloton Interactive, Inc.
441 9th Avenue
New York, NY 10001
If properly notified that any materials infringe a third party’s copyright, Peloton will promptly remove such materials from the Peloton Site in accordance with the U.S. Digital Millennium Copyright Act, the U.K. Copyright Designs and Patents Act 1988 (“CDPA”), the U.K. Digital Economy Act 2010 (“DEA”), or equivalent laws which are applicable in other jurisdictions. In addition, Peloton may, when appropriate, terminate the accounts of repeat copyright infringers.
Peloton may disclose any communications, including your contact information, concerning DMCA, CPDA, DEA or other applicable copyright notices or other intellectual property complaints with third parties, including the users who have posted the allegedly infringing material.
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.
If you have questions about the legal requirements of a CPDA, DEA or other applicable copyright notice, you should consult a legal advisor and obtain professional legal advice and/or representation.