COPYRIGHT POLICY
This Copyright Policy is incorporated by reference into the New Pod City, llc. End User License Agreement (“EULA”) and New Pod City, llc. Directory Terms of Service for Transmitting Entities (“Directory Terms”). The terms “New Pod City,” “we,” “our,” and “us” include New Pod City, llc. and its affiliates and/or subsidiaries. All other terms not defined in this Copyright Policy will have the meanings set forth in the EULA or Directory Terms, as applicable.
Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
Submit a copyright infringement notification
a. Respect of Third Party Rights
New Pod City respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our Users (which include, for purposes of this Copyright Policy, broadcasters that broadcast Stations) to do the same. Infringing activity will not be tolerated on or through the Service.
b. Repeat Infringer Policy
New Pod City's intellectual property policy is to (a) remove or disable access in a given territory to material that New Pod City believes in good faith, upon notice from an intellectual property owner or his or her agent or otherwise, is infringing the intellectual property of a third party by being made available through the Service; and (b) remove any User Content or Station Content you uploaded to the Service or transmit through the Service if you are a “repeat infringer” and terminate your right to use the Service. You are a “repeat infringer” if you are a User that has uploaded User Content or Feedback or transmitted Station Content to or through the Service and for whom New Pod City has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to your User Content, Station Content or Feedback. New Pod City has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon New Pod City's own determination.
c. Procedure for Reporting Claimed Infringement
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a Notification of Claimed Infringement Document containing the following information to the Designated Agent identified below.
The Notification of Claimed Infringement may be shared by New Pod City with the User alleged to have infringed a right you own or control or the general public, and you hereby consent to New Pod City making such disclosure. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works
- Identification of the specific 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 New Pod City to locate the material
- Information reasonably sufficient to permit New Pod City to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement
d. Designated Agent Contact Information. New Pod City's designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Via E-mail:
NewPodCity@gmail.com
Via U.S. Mail:
New Pod City, llc.
247 East Front Street
Trenton, NJ 08611
Attn: Principal
e. Counter Notification
If you receive a notification from New Pod City that material you made available on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide New Pod City with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to New Pod City's Designated Agent through one of the methods identified in Section d. and include substantially the following information:
- Your physical or electronic signature;
- Identification of the material 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;
- A statement under penalty of perjury that you 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; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which New Pod City may be found, and that you will accept service of process from the person who provided notification under Section b. above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
f. False Notifications of Claimed Infringement or Counter Notifications
The Copyright Act provides that: [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [New Pod City] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
New Pod City reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act or the procedures set forth in this Copyright Policy should be sent to the Designated Agent at NewPodCity@gmail.com or to the postal address identified above.