Sportsideo.com's ("the Website") Copyright Policy
Your use of the Website or any of the capabilities of the Website including any of the products, software, links, data feeds, and services provided to you on, from, or through the Website (hereinafter collectively referred to as the "Service") constitutes your specific agreement with and to the Website's Terms of Use (http://www.Sportsideo.com/Terms), Privacy Guidelines and Policy (http://www.Sportsideo.com/privacy), and the Copyright Policy contained herein.
- 1. General Policy
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Sportsideo LLC (the "Publisher" or "Sportsideo") and the Website do not permit copyright infringing activities and infringement of intellectual property rights on the Service and have adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act, codified at 17 U.S.C. 512.
It is Sportsideo's policy to expeditiously remove content that it believes in good faith may contain material that infringes the copyrights of third parties. Sportsideo has designated an agent to receive notifications of copyright infringement. All claims of copyright infringement should be directed to the Designated Agent, identified below. Upon receiving notice of a claim, Sportsideo will notify the User Account through which the infringing Content was submitted that it has removed or disabled access to the infringing Content. The Content provider may submit a counter notice in accordance with the procedures below.
Sportsideo will terminate the account of any users who are determined to be repeat infringers.
- 2. Procedure for Reporting Copyright Infringements:
- If you believe that Content residing on or accessible through the Website infringes your copyright, please send a notice of claimed copyright infringement containing the following information to the Designated Agent listed below (consult legal counsel or refer to 17 U.S.C. 512(c) to confirm these requirements):
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- A. A. physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- B. Identification of the copyrighted works claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- C. Identification of the 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 Sportsideo to locate the material;
- D. Contact information for the notifier, such as an address, telephone number and, if available, an e-mail address;
- E. A statement that the notifier has 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; and
- F. A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
- Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent, or if Sportsideo otherwise comes to believe in good faith that Content on the Website may contain material that infringes copyright, Sportsideo will:
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- A. Remove or disable access to the content identified in the notice of claims infringement;
- B. Notify the Content provider that it has removed or disabled access to the Content; and
- C. Terminate the Content provider in the appropriate circumstances.
- Do not make false claims – under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
- 3. Procedure to Supply a Counter-Notice to the Designated Agent:
- If you have been notified that Content submitted through your User Account has been removed or its access has been disabled, and you believe that the Content is not infringing or that you have the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, you may send a counter-notice containing the following information to the Designated Agent listed below:
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- a. A physical or electronic signature of the content provider, member or user;
- b. Identification of the content 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;
- c. A statement under penalty of perjury that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
- d. Content provider's, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for New York, New York, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
- If a counter-notice is received by the Designated Agent, Sportsideo may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Sportsideo’s sole discretion.
- 4. "Repeat Infringers"
- In accordance with the Digital Millennium Copyright Act, Sportsideo will terminate the account of any User found to be a repeat infringer. Until established by law or construed by a court of law, Sportsideo defines a "repeat infringer" as any User against whom three (3) notifications of copyright infringement have been filed for three (3) separate copyright violations, and those claims are determined to be valid claims of infringement by the Publisher.
- Notwithstanding the above, Sportsideo reserves the right to terminate or suspend any User Account and/or to remove or block access to any Content at its sole discretion, at any time, for any reason, with or without warning.
- 5. Contact Information
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All claims of copyright infringement, and counter-notices, must be made to Sportsideo's designated agent, who is on file with the United State Copyright Office (http://www.copright.gov/onlinesp/list/index.html).
- Sportsideo’s Designated Agent to Receive Notification of Claimed Infringement is:
- DMCA Agent
- Katherine Posner
- Attorney
- Condon & Forsyth
- 7 Times Square
- New York, NY 10036
- copyrightagent@sportsideo.com