Notification of Copyright Infringement
Vivalive respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Vivalive will respond expeditiously to claims of copyright infringement committed using the Vivalive service that are reported to Vivalive's Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Vivalive service or website (the "Site") by completing the following DMCA Notice of Alleged Infringement and delivering it to Vivalive's Designated Copyright Agent. Upon receipt of Notice as described below, Vivalive will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site and/or termination of the Vivalive user's account in appropriate circumstances.
DMCA Notice of Alleged Infringement ("Notice")
Deliver this Notice, with all items completed, to Vivalive's Designated Copyright Agent via email- email@example.com
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- 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 (e.g., as a fair use)."
- 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.
- Provide your full legal name and your electronic or physical signature.
- COUNTER NOTICE
- Identification of the material that has been removed or to which access has been disabled on Vivalive service and the location at which the material appeared before it was removed or access to it was disabled:
- 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.
- Your name, address, telephone number and, if available, email address:
- 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 Vivalive may be found, and I will accept service of process from the complaining party who notified Vivalive of the alleged infringement or an agent of such person.
- Your physical or electronic signature (full legal name):____________________________
Notification of Trademark Infringement
If you believe that some other IP right of yours is being infringed by a user, please provide Vivalive's Designated Copyright Agent (specified above) with the following information:
- Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
- Information reasonably sufficient to permit Vivalive to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
- 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) a showing sufficient for Vivalive to determine without unreasonable effort that the IP has been infringed;
- Information reasonably sufficient to permit Vivalive to identify the use being challenged;
- 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
- 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, Vivalive will seek to confirm the existence of the IP on the Site, 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 Site. 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), (b) or (c) then Vivalive may exercise its discretion not to remove the IP. If Vivalive decides to comply with a takedown request, it will do so within a reasonably expeditious period of time.
Vivalive Has No Obligation to Adjudicate IP Claims - User's Agreement to Hold Us Harmless From Claims
Claimants and users must understand that Vivalive 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 Vivalive harmless from any resulting claims of infringement brought against Vivalive.