Last Revised: August 2023
1. Introduction.
This notice is in
accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”)
1998 (the text of which may be found on the U.S. Copyright Office website
at http://www.copyright.gov/legislation/dmca.pdf ).
It is our policy to
respond to clear notices of alleged copyright infringement that comply with the
DMCA.
If you are a
rights holder or an agent thereof, and you believe that any material
transmitted or stored on our service infringes your copyrights, then you may
submit a written notification of claimed infringement by providing ImLive’s
Designated Copyright Agent ("DCA").
2. ImLive’s Role.
ImLive does not have any
authority or ability to make legal judgements regarding copyright infringement.
However, ImLive acts as a mediator between right holders and alleged
infringers, and process notifications and counter-notifications from impacted
parties.
3. Response.
ImLive
will respond expeditiously to claims of copyright infringement that are
reported to ImLive’s DCA identified below. Please note that under 17 U.S. Code
§ 512(f) any person, who knowingly materially misrepresents that material or
activity is infringing may be liable for damages.
4. Procedure and Actions.
Upon recipient of a
notification of claimed infringement, ImLive will promptly disable access or
will remove any content from its services. In addition, we will promptly
terminate the accounts of those determined by us to be “repeat infringers”.
ImLive considers a “repeat
infringer” to be any user that has uploaded content to or through the Service
and for whom ImLive has received more than two takedown notices compliant with
the provisions of 17 U.S.C. § 512 with respect to such user’s content.
ImLive has discretion,
however, to terminate the account of any user after receipt of a single
notification of claimed infringement or upon its own determination.
5. Notification of Claimed Infringement.
If you are a copyright
owner, or are authorized to act on behalf of a copyright owner or an exclusive
licensee of a copyright owner under applicable copyright laws, and believe that
such copyrighted work was copied in a way that constitutes copyright infringement,
please provide ImLive’s CDA with the following information:
1. The type of material you are reporting (e.g. live stream,
video).
2. URL of the:
(i)
Infringing material; and
(ii)
The infringer’s page.
3. Date and time of the alleged infringement.
4. A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed.
5. Identification of the copyrighted material that is claimed for
infringement.
6. Information reasonably sufficient to permit ImLive to contact you,
such as your name, username, address, telephone number and, if available, an
email address at which you wish to be contacted.
7. A statement that you, as the complaining party, 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.
8. 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 an exclusive right that is allegedly infringed.
A failure to
meet the abovementioned requirements will make your notification to be
ineffective.
6. Counter Claims.
If you are a Guest
or a Host of our Services (as defined in our Terms and Conditions)
and a notification of claimed infringement has been submitted against your
content, you may choose to submit a Counter-Claim notification to ImLive.
Please provide ImLive's
CDA with the following information:
1.
A URL which presents the material that is the
subject of the notification of claimed infringement.
2.
You full ImLive username.
3.
You full legal name and contact information (e.g.
email, postal address, phone number).
4.
A reasoning to why you are submitting the
Counter-Claim.
5.
A statement that you consent to the consent to the
jurisdiction of the Federal District Court for the judicial district in which
your address is located, or if your address is outside of the United States,
the judicial district in which ImLive may be found, and will accept service of
process from the claimant; and
6.
A statement that you swear, under penalty of
perjury, that you have a good faith belief that the material identified in the
notification was identified, removed, and/or disabled as a result of mistake or
misidentification.
7. Modifications.
ImLive reserves the right
to modify, alter or add to this policy, and all affected persons should
regularly check back to stay current on any such changes.
8. Designated Copyright Agent (DCA).
We
apologize for any kind of misuse of our service and promise to do our best to
find and terminate abusive files. All claims of copyright infringement on or
regarding this website should be delivered to ImLive's DCA by sending a written
notice to the below address.
IML S.L.U.,
Attn: DMCA Copyright Agent
Email: DMCA@Imlive.com
Andorra
