PUSH LIVE Copyright Policy
At PUSH LIVE, we value and respect the creativity of others. This means we take the Intellectual Property (“IP”) rights of others seriously and we expect our users to do the same. This policy aims to protect the PUSH LIVE community so we can continue sharing our creativity together.
PUSH LIVE will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). The text of the DMCA can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
Any users who repeatedly infringe the copyright of others or who are repeatedly charged with copyright infringement, will face the termination of their account(s) and any associated account(s) by PUSH LIVE.
If you are a copyright owner, or you are authorized to act on behalf of one with respect to any exclusive right under copyright, and wish to send a notice regarding alleged infringements taking place on or through PUSH LIVE’s interactive player with live marketplace (the “Service”), you may send such a notice to PUSH LIVE’s designated copyright agent (“Copyright Agent”) using the contact information specified in paragraph 1.6 below.
1. How to send a DMCA Notice of Alleged Infringement (“Notice”)
1.1. Start by identifying the copyrighted work that you believe has been infringed, or – if multiple copyrighted works are covered by a single notification – you can provide a representative list of such works;
1.2. Identify the material you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, and information reasonably sufficient to allow PUSH LIVE to locate the material, which may include, if applicable, the URL of the link shown on the Service where such material may be found;
1.3. Provide your mailing address, telephone number, and email address;
1.4. Include both of the following statements in the body of the Notice:
1.4.1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
1.4.2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
1.5. Provide your full legal name and your electronic or physical signature; and
1.6. Deliver this Notice, with all items completed, to the Copyright Agent:
For: Copyright Agent, PUSH STREAMING TECHNOLOGIES LTD , with registered address at Unit 14, The Westworks, 195 Wood Ln, London W12 7FQ
Subject: DMCA Take Down Notice
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
2. How to send a DMCA Counter Notice (“Counter Notice”)
2.1. Identity the material that has been removed or to which access has been disabled on the Service and the location at which the material that appeared before it was removed or access to it was disabled;
2.2. Include both of the following statements in the body of the Counter Notice:
2.2.1. “I hereby state under penalty of perjury that I 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.”
2.2.2. “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which PUSH LIVE may be found, and I will accept service of process from the complaining party who notified PUSH LIVE of the alleged infringement or an agent of such person.”
2.3. Provide your mailing address, telephone number, and email address;
2.4. Provide your full legal name and your electronic or physical signature; and
2.5. Deliver this Notice, with all items completed, to the Copyright Agent using the contact information specified in paragraph 1.6 above. When sending the required information to the Copyright Agent by email, the subject line should read: “DMCA Counter Notice”.
3. How to send a Notice of Trademark Infringement
If you believe that your trademark (“Mark”) is being used by a user in a way that constitutes trademark infringement, please provide the Copyright Agent (using the contact information specified in paragraph 1.6 above) with the following information:
3.1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
3.2. Information reasonably sufficient to allow PUSH LIVE to contact you or your authorized agent, including a name, mailing address, telephone number and email address;
3.3. Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate; or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you;
3.4. Information reasonably sufficient to allow PUSH LIVE to identify the use being challenged;
3.5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
3.6. A statement under penalty of perjury that all of the information in the notification is accurate and that you are the Mark owner, or are authorized to act on behalf of the Mark owner.
Upon receipt of notice as described above, PUSH LIVE will seek to confirm the existence of the Mark on the Service, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Service.
A registered user may respond to notice of trademark infringement by showing either (a) that the Mark has been cancelled, or has expired or lapsed or (b) that the registered user has a trademark registration, an unexpired license covering the use, or some other relevant right to the Mark, or (c) that the use is non-infringing for other reasons. If the registered user adequately demonstrates non-infringement of the Mark through any of (a), (b) or (c) then PUSH LIVE may exercise its discretion not to remove the Mark.
If PUSH LIVE decides to comply with a trademark infringement takedown request, it will do so within a reasonably expeditious period of time. Notwithstanding the foregoing, PUSH LIVE will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Service
4. Notification of Other IP Infringement
If you believe that some other IP right of yours is being infringed by a PUSH LIVE user, please provide the Copyright Agent (using the contact information specified in paragraph 1.6 above) with the following information:
4.1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
4.2. Information reasonably sufficient to allow PUSH LIVE to contact you or your authorized agent, including a name, address, telephone number, and email address;
4.3. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) any other relevant information sufficient for PUSH LIVE to determine that the IP has been infringed;
4.4. Information reasonably sufficient to allow PUSH LIVE to identify the use being challenged;
4.5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
4.6. A statement under penalty of perjury that all of the information in the notification is accurate and, that you are the IP owner, or are authorized to act on behalf of the IP owner.
Upon receipt of notice as described above, PUSH LIVE will seek to confirm the existence of the IP on the Service, notify the registered user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Service. A registered user may respond to notice of takedown by showing either (a) that the claimant does not own the IP or (b) that the IP is not infringed. If the registered user succeeds in showing either (a) or (b) then PUSH LIVE may exercise its discretion not to remove the IP. If PUSH LIVE decides to comply with an IP infringement takedown request, it will do so within a reasonably expeditious period of time.
5. No Obligation to Adjudicate IP Claims
User’s Agreement to Hold Us Harmless From Claims
Claimants and users must understand that PUSH LIVE is not an intellectual property tribunal. While we may in our discretion use the information provided in order to decide how to respond to infringement claims, we are not responsible for determining the merits of such claims. If a user responds to a claim of infringement by providing assurances that its content is not infringing, the user agrees that if we thereafter restore or maintain the content, the user will defend and hold PUSH LIVE harmless from any resulting claims of infringement brought against PUSH LIVE.
6. PUSH LIVE Repeat Infringers Policy
Users who are repeat infringers of copyrighted work will be subject to this Repeat Infringer Policy.
6.1. If we process a valid DMCA copyright takedown notice in in respect of any content that you have featured on the Service (including an individual song), the content in question will be removed from the Service, you will be notified of the takedown and you will receive a strike (“DMCA Strike”).
6.2. We reserve the right to apply DMCA Strikes across all user accounts under your control and to determine which user accounts are under your control.
6.3. The receipt of three DMCA Strikes will incur the following permanent immediate consequences:
6.3.1. termination of your PUSH LIVE account(s), along with all associated information (including, but not limited to, profile information);
6.3.2. deletion of all content associated with your account; and
6.3.3. prohibition from creating a new PUSH LIVE account (together, “DMCA Termination”).
6.4. A DMCA Strike will be removed from your user account(s): (i) if you submit a valid counter-notice pursuant to this DMCA Policy; and/ or (ii) after the expiry of 5 years since the date of the DMCA Strike.
6.5. We reserve the right to treat any user: (i) for whom we receive multiple DMCA notifications from copyright owners; and/or (ii) who knowingly attempt to circumvent this Repeat Infringer Policy as a repeat infringer and impose DMCA Termination.
6.6. Notwithstanding the following, we reserve the right to impose DMCA Termination or otherwise terminate any user account for egregious infringing activities in our sole determination and discretion.