Date Last Modified: November 6, 2006
10. Terms and Conditions - Abuse & Infringement Notification
Section 10.1. Copyright, Trademark & Patent Infringement and Abuse Notification Procedure.
PlayStream's designated agent for notice of claims of copyright, trademark, and/or patent infringement and/or abuse related to PlayStream, PlayStream.com, DigitalRightsMedia, PlayStream's properties, PlayStream's customers, employees, associates, affiliates, or referrers is as follows:
Designated Registered Agent For Receiving Notices:
Attn: Legal Affairs
555 Anton Blvd., Ste 400
Costa mesa, CA 92626
Section 10.2. Notification of Copyright Infringement. To function as an effective notice, The Digital Millennium Copyright Act requires that all notifications of Copyright Infringement must be in writing and include substantially the following elements:
1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
2. Specific identification of the copyrighted, trademark or patented work claimed to have been infringed, or if multiple works are covered by a single notification, a list of each work claimed to have been infringed;
3. Information related to the work(s) reasonably sufficient for PlayStream to promptly locate the work (e.g. title of work, URL location (complete Web site address) within PlayStream's Web site, PlayStream's Customer's Web site, or that of a third party Web site, etc.);
4. Information reasonably sufficient to permit PlayStream to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement requesting that PlayStream take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
7. 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.
Upon receipt of proper notice of alleged infringement, PlayStream will forward a copy of the notice to the alleged infringing Customer and act expeditiously to remove, or disable access to the allegedly infringing material. This is not discretionary and does not depend on an analysis of whether the accused material actually constitutes copyright infringement. This is a requirement of the Digital Millennium Copyright Act (hereinafter referred to as “DMAC”) which states that a service provider shall not be liable to any person for any claim based on the service provider's good faith in disabling access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.
If PlayStream receives a compliant “Counter Notification” as described by the DMAC, from an affected Customer, PlayStream must promptly provide a copy of the “Counter Notification” to the complaining party that provided the notice of the alleged copyright infringement, and inform that party that PlayStream will replace or re-enable access to the allegedly infringing material in ten business days. Ten to fourteen business days after receiving the “Counter Notification,” PlayStream must replace and re-enable access to the removed material, unless the complaining party has notified PlayStream's copyright notice agent that he or she has filed a court action relating to the materials in question in order to stop the alleged copyright infringement.
To function as an effective “Counter Notification,” The Digital Millennium Copyright Act requires that all such “Counter Notifications” must be in writing and include substantially the following elements:
1. Identification of the material that PlayStream removed or disabled access to, and the location at which it previously appeared.
2. A statement, made under penalty of perjury, that the user has a good faith belief that PlayStream removed that material due to mistake or misidentification of the material to be removed or disabled.
3. The Customer's name, address, and telephone number.
4. A statement that the Customer consents to the jurisdiction of its local Federal District Court (or, for a user outside of the United States, a Federal District Court where PlayStream is located), and that the user will accept service of process from the person who provided the notice of alleged copyright infringement (or an agent of that person).
5. The Customer's physical or electronic signature.
Section 10.3. Notification of All Other Claimed Infringement and or Abuse.
All other notification of claimed infringement, violation or abuse should be submitted to the designated PlayStream Contact depicted in Section 10.1, with sufficient information to properly identify and research the claimed infringement, violation and/or abuse and to properly respond to the person or entity submitting the notification. This includes notifications of claimed infringement related to any of PlayStream's patents, marks and/or logos or to any content, which includes any and all text, graphics, images, illustrations, video, audio, animation, designs or logos, of PlayStream or that of PlayStream's Customers, whether displayed on PlayStream's Web site, PlayStream's Customer's Web site, or on the Web site or email of a third or independent party, should be a written communication addressed to the designated agent above.
Section 10.4. General Information Regarding PlayStream's Services.
PlayStream provides streaming media services for over a thousand customers who play their own audio, video and multimedia over the Internet. Like an Internet Service Provider that provides Web site hosting services for their customers, PlayStream provides media hosting services for PlayStream's Customers. Given that PlayStream may host a million or more data files of media at any given time, PlayStream cannot and does not actively monitor, endorse, approve, screen, or consider the Customer's material nor does PlayStream exercise any editorial control over the content of any material that PlayStream's Customer uploads into Customer's Account at PlayStream. As a Customer may activate PlayStream's services in real-time over the Internet, gaining immediate access to the service, PlayStream is limited in its time-to-action to block usage of the service to a Customer, and limited in its ability to block a Customer if such Customer re-subscribes to PlayStream's service under a unique identification or email address. Customers of PlayStream may display Customer's content on an auto-generated Showcase Web page at PlayStream, Customer's own Web site, the Web site of a third party or that via e-mail. PlayStream's policy is to fully comply with the Digital Millennium Copyright Act with respect to all claims of infringement. This includes the right to remove any/or all of Customer's material from PlayStream's service, or to suspend the Customer's service, that are, in PlayStream's discretion, potentially illegal, a violation of Trademark and/or Copyright, or may subject PlayStream to liability, or violate PlayStream's Acceptable Use Policy.
Section 10.5. PlayStream Showcase Web Pages. PlayStream's Showcase Web page is an online, customizable tool that is packaged with each Customer's Service that enables the Customer to self-generate a showcase Web page that will present Customer's media to a viewer. PlayStream's Customers accomplish this by constructing a custom “link” that must include identifiable Customer and file information. Customer may then submit this custom “link” to a viewer by email, post on a Web site, or other similar means. When clicked on by the viewer, a Web page will auto-generate from a pre-defined template, around the Customer's media. These Showcase Web pages build in real-time inside the viewer's Web browser and do not exist as actual Web page files like ordinary Web site Web pages exist on a Web server. Given that PlayStream's Customers may create and send these auto-generated Web pages over the Internet at any given time, PlayStream cannot and does not actively monitor, endorse, approve, screen, or consider the Customer's material that Customer inserts into a Customer-generated PlayStream Showcase Web page, nor does PlayStream exercise any editorial control over such content. If a notification of Claimed Infringement or other violation is being submitted of any work displayed inside of a PlayStream Showcase Web page, it is essential that the complete “link” (full Web page URL) be provided to PlayStream in order to identify the Customer and specific file for which the infringement is being claimed. Otherwise, identifying the Customer and media file will prove nearly impossible.