This Copyright Policy is incorporated by reference into the Netmix, LLC Terms of Service (“Terms”). The terms “Netmix,” “we,” “our,” and “us” include Netmix, LLC and its affiliates and/or subsidiaries. All other terms not defined in this Copyright Policy will have the meanings set forth in the Terms, as applicable.
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
a. Respect of Third-Party Rights. Netmix respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users (which include, for purposes of this Copyright Policy, broadcasters that broadcast Stations) to do the same. Infringing activity will not be tolerated on or through the Service.
b. Repeat Infringer Policy. Netmix’s intellectual property policy is to (a) remove or disable access in a given territory to material that Netmix believes in good faith, upon notice from an intellectual property owner or his or her agent or otherwise, is infringing the intellectual property of a third party by being made available through the Service; and (b) remove any User Content you uploaded to the Service or transmit through the Service if you are a “repeat infringer” and terminate your right to use the Service. You are a “repeat infringer” if you are a User that has uploaded User Content to or through the Service and for whom Netmix has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to your User Content. Netmix has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon Netmix’s own determination.
c. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a Notification of Claimed Infringement containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by Netmix with the User alleged to have infringed a right you own or control or the general public, and you hereby consent to Netmix making such disclosure. Your communication must include substantially the following:
1) A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
2) Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
3) Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Netmix to locate the material;
4) Information reasonably sufficient to permit Netmix to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
d. Designated Agent Contact Information. Netmix’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Via E-mail: [email protected]
Via U.S. Mail: Netmix, LLC
310 Roxbury Place
Arden, NC 28704
Attn: Legal Department
e. Counter Notification. If you receive a notification from Netmix that material you made available on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Netmix with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Netmix’s Designated Agent through one of the methods identified in Section d. and include substantially the following information:
1) Your physical or electronic signature;
2) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Netmix may be found, and that you will accept service of process from the person who provided notification under Section b. above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
f. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Netmix] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f).
Netmix reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act or the procedures set forth in this Copyright Policy should be sent to the Designated Agent at [email protected] or to the postal address identified above.