VOXANT DESIGNATED AGENT
In accordance with the provisions of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C.A. §512 [Pub.L. 105-304, Title II, §202(a), 112 Stat. 2860], VOXANT, INC , a Delaware corporation ("VOXANT"), hereby provides public notice of its registration with the U.S. Copyright Office of the name and address of its Designated Agent for the receipt and administration of copyright infringement claims ("Claims") relating to VOXANT Content.
"VOXANT Content" (also "Content") is any and all images, designs, graphics, logos, marks, audio files, data, material and information posted, linked to or otherwise made available by VOXANT on or through this site or the VOXANT Player.
This notice advises all Users of this site (i) of their DMCA duties and responsibilities in order to assert a Claim of infringement against VOXANT related to any Content (the person making a Claim for itself or another being a "Claimant"), (ii) the actions and responses to a Claim that may be expected from VOXANT, including the taking-down of offending Content, and (iii) the possible restoration of such Content based on a Counter-Notice from the Content Owner or licensor (collectively, the "Content Owner").
CLAIMANTS SHOULD BE ADVISED THAT UNDER THE DMCA, VOXANT'S GOOD FAITH PERFORMANCE OF THESE GUIDELINES WILL ENTITLE IT TO IMMUNITY FROM ANY AND ALL LIABILITIES RELATING TO ANY CLAIMS OF INFRINGEMENT, WHETHER OR NOT THE CONTENT SUBJECT TO SUCH CLAIM, OR VOXANT'S ACTIONS IN POSTING, LINKING OR DISTRIBUING SUCH CONTENT, IS LATER FOUND TO BE INFRINGING, DIRECTLY OR INDIRECTLY.
1. Designated Agent.
VOXANT has appointed the following person as its Designated Agent for purposes of the receipt of any infringement Claims.
All Claimants must bring his/her/their Claims to the attention of the following person at the indicated address:
2. Information Required in Claim Form
To be effective, the notification of a Claim must be in writing to the Designated Agent and must include the following information ("Claim Form"). An electronic Claim Form is provided by clicking on this link: Claim Form.
(i) A physical or electronic signature of the Claimant or of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works posted at VOXANT's site or referred to or linked from its site through the use of an information location tool (i.e., a directory, index, reference, pointer or hypertext link) are covered by a single Claim, a representative list of such works,
(iii) Identification of the Content claimed to be infringing or to be the subject of infringing activity, including, if applicable, identification of the reference, link or directory associated with such infringing Content (in sufficient detail for VOXANT to locate the allegedly offending Content or reference, link or directory),
(iv) Information sufficient for the Designated Agent to contact the Claimant (or authorized person), including the name, address, telephone number and, if available, an electronic mail address thereof
(v) A statement that the Claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or its agent, and
(vi) A statement that the information in the Claim Form is accurate, and under penalty of perjury, that the Claimant (or other authorized person) is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. VOXANT'S RESPONSE TO CLAIM
Upon the Designated Agent's receipt of a Claim Form, assuming such information is sufficiently clear and specific, VOXANT will:
(i) Promptly contact the Claimant or the person authorized to act on behalf of the owner of allegedly infringed material,
(ii) Seek expeditiously to remove or disable access to the Content that is claimed to be infringing or to be the subject of infringing activity,
(iii) Notify the Content Owner of the Claim, that VOXANT has removed or disabled access to its Content and provide such person with the right to provide a counter-notice to the Designated Agent ("Counter-Notice"), and
(iv) Upon receipt of a Counter-Notice, promptly provide the Claimant with a copy of the Counter-Notice and inform the Claimant that VOXANT will replace the removed Content or cease disabling access thereto in not less than 10, nor more than 14, business days following receipt of the Counter-Notice unless Designated Agent receives notice and objective evidence that the Claimant (or the authorized person) has filed an action seeking a court order to restrain the Content Owner from engaging in infringing activity on or through VOXANT's system or network.
4. REQUIREMENTS OF COUNTER-NOTICE
To be effective, a Counter-Notice must be in writing and must contain the following or substantially all of the following information from the Content Owner:
(i) A physical or electronic signature of the Content Owner,
(ii) Identification of the Content that has been removed or to which access has been disabled and the location at which such Content was posted or appeared before it was removed or access to it was disabled,
(iii) A statement under penalty of perjury that the Content Owner has 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
(iv) The Content Owner's name, address and telephone number, and a statement that the Content Owner consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Content Owner's address is outside of the United States, for any judicial district in which VOXANT may be found, and that the Content Owner will accept service of process from the Claimant or authorized person or an agent of either of the foregoing.
5. NOTICE OF LIABILITY FOR MISREPRESENTATION.
Claimants should be further advised that, under the DMCA, any person who knowingly and materially misrepresents (i) that any material, Content or activity is infringing, or (ii) that any material, Content or activity was removed or disabled by mistake or misidentification, shall 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 VOXANT, who/which is injured as the result of such misrepresentation, as the result of VOXANT 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.