KoldCast TV’s Copyright Policy
KoldCast has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. The contact information for KoldCast’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy, and is on file with the United States Copyright Office (http://www.copyright.gov/onlinesp/list/index.html).
KoldCast takes copyright and other intellectual property rights very seriously. It is KoldCast’s policy to (1) expeditiously block access to or remove content that it believes may contain material that infringes the copyrights of third parties and (2) remove and discontinue service to repeat offenders.
Procedure for Requesting the Removal or Disabling of Copyright Protected Content:
If you believe that content residing on or accessible through the KoldCast website or service infringes your copyright and you would like the content removed from the KoldCast website, you must send a written notice of claimed copyright infringement to KoldCast’s below listed Designated Agent. The notice must contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material or content 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 KoldCast to locate the material or content;
- Information reasonably sufficient to permit KoldCast to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has 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
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- to expeditiously remove or disable access to the content;
- to notify the subscriber, content provider, member or user that KoldCast has removed or disabled access to the content; and
- to terminate any account that has been used to post two or more materials or content that has been removed from the KoldCast service pursuant to this policy.
Procedure for Supplying a Counter-Notice to the Notice of Copyright Infringement:
If the subscriber, content provider, member or user believes that the content that was removed or to which access was disabled is not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice to the below listed Designated Agent containing the following information:
- A physical or electronic signature of the subscriber, content provider, member or user;
- Identification of the material or content that has been removed or to which access has been disabled and the location at which the material or content appeared before it was removed or disabled;
- A statement under penalty of perjury that the subscriber, content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material or content to be removed or disabled; and
- The subscriber’s, 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 Court for the judicial district in which the subscriber’s, content provider’s, member’s or user’s address is located, or if the subscriber’s, content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which KoldCast may be found, 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 KoldCast’s below listed Designated Agent, KoldCast will send a copy of the counter-notice to the original complaining party informing that person that it will replace the removed content or cease disabling it in 10 business days. KoldCast will replace or restore access to the content between 10 and 14 days after receipt of the counter-notice unless KoldCast’s below listed Designated Agent first receives notice from the original complaining party that the original complaining party has filed an action seeking a court order to restrain the subscriber, content provider, member or user from engaging in infringing activity relating to the material on the KoldCast website or unless KoldCast, at its sole discretion, decides not to replace the removed content or cease disabling the disabled content.
LIABILITY FOR MISREPRESENTATIONS UNDER THE DIGITAL MILLENIUM COPYRIGHT ACT, 17 U.S.C. § 512(f)
Persons who submit a notice of claimed copyright infringement or a counter-notice may be liable for damages, including costs and attorneys’ fees incurred by the alleged infringer, any copyright owner or copyright owner’s authorized licensee, or by KoldCast for any knowingly material misrepresentations that materials or activities are infringing or that materials or activities were removed or disabled by mistake or misidentification.
KoldCast’s Designated Agent can be contacted at the following address:
Designated Agent to Receive Notification of Claimed Infringement on behalf of KoldCast:
KoldCast EMV, LLC
P.O. Box 17569
Irvine, CA 92623