Viki, Inc. provides you with an interactive platform that allows you to access television shows, movies and other content (collectively, “Content”), interact with other users and be part of an online community where you may review, comment andprovide subtitles for the Content (“Rakuten Viki”, “We”, “Our” and/or “Us”).
This Copyright Policy describes how We respond to clear notices of claimed copyright infringement relating to material or links to material made available through Viki.com, Rakuten Viki branded applications, Soompi.com, Soompi branded applications, and other Rakuten Viki related sites, applications, communications and services (collectively, “Services”) that fully comply with the Digital Millennium Copyright Act (“DMCA”).
Please note that under 17 U.S.C. Section 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be subject to liability.
- HOW TO SUBMIT A DMCA COPYRIGHT NOTICE?
If you are a copyright owner or agent thereof, and you believe that any material made available on our Services infringes your copyright, then you (“Claimant”) may submit a written DMCA Copyright Notice (email is accepted) to Viki’s Designated Copyright Agent with all the following information:
- 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 (e.g. a copy of or link to the original work);
- Identification of the 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 Us to locate the material on Our Services (e.g. a link to the infringing material);
- A statement that:
- you have a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed;
- Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and email address (if available); and
- A physical or electronic signature of the person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed (typing your full legal name is sufficient).
- HOW WE MAY RESPOND TO DMCA COPYRIGHT NOTICE?
We may remove or disable access to any infringing material. If We decide to remove or disable access to material in response to a DMCA Copyright Notice, We will make efforts to contact the person who has posted or made available the material at issue (“Alleged Infringer”). We may, at Our discretion, share a copy of the DMCA Copyright Notice to the Alleged Infringer.
- HOW TO SUBMIT A DMCA COUNTER NOTICE?
If you believe your material was removed or to which access was restricted as a result of mistake or misidentification, you may submit a DMCA Counter Notice to Viki’s Designated Copyright Agent with all the following information:
- Identification of the material and its location before removal or being disabled;
- A statement that:
- You swear, under penalty of perjury that you have a good faith belief that the material was removed or disabled by mistake or misidentification; and
- You consent to the jurisdiction of the Federal District court for the address provided or, if your address is outside of the United States, you consent to the jurisdiction of any juridical district in which Rakuten Viki is located, and that you will accept service of process from the person who filed the original DMCA Copyright Notice; and
- Your full legal name, physical address, email address (if available), telephone number, and physical or electronic signature (typing your full legal name is sufficient).
- WHAT HAPPENS AFTER YOU SUBMIT A DMCA COUNTER NOTICE?
We may, at Our discretion, share a copy of the DMCA Counter Notice with the Claimant. We may restore or cease disabling access to the material at issue if we do not receive notice from the Claimant that an action has been filed seeking a court order to prevent further infringement, within 10 business days after We shared the DMCA Counter Notice with the Claimant.
- REPEAT INFRINGER POLICY
Our policy is to terminate in the appropriate circumstances, the accounts of users who are repeat infringers or who infringe on a single occasion if the circumstances warrant. This does not limit Our ability to pursue other remedies We may have to address suspected or actual infringement.
- OUR DESIGNATED COPYRIGHT AGENT
You can contact Our Designated Copyright Agent by sending an email to email@example.com or by mail to the following address:
Attention: Designated Copyright Agent/ Legal Department
800 Concar Drive, Suite 175,
California 94402, USA.