open media network
 
 

OMN’s FEED CACHING POLICY

Here is our feed caching policy:

  • we cache freely-available feeds for delivery to visitors of our site
  • we will maintain a list of feeds so that visitors to our site will have a broad, popular selection to choose from, just like the feedreaders
  • we do not cache content that is pornographic or obscene
  • we will discontinue any feed from our site if the content owner or producer requests removal
  • we encourage third party content owners and producers to submit feeds for addition to our site
  • we participate in the voluntary notice and takedown system described in the DMCA
  • we provide links back to the site of the feed so that visitors to our site may view the feed directly from the producer


OMN’s COPYRIGHT INFRINGEMENT POLICY
General. OMN respects and wants to protect the rights of copyright owners. We ask all users to pay special attention to avoid violating copyright laws and regulations. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of copyright holders' rights. You should be aware that some of the images, music, podcasts or other material that other OMN users may make available on the OMN service might have been created or distributed without the copyright owners' authorization. Your license to use and access the OMN service is subject to the condition that you shall not infringe the intellectual property rights of others in any way. OMN will terminate the account of any OMN users with repeat copyright infringements.

Digital Millennium Copyright Act. OMN will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/ ) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If OMN removes or disables access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or person authorized to act on behalf of the owner of the affected material so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act. OMN will document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.

Infringement Notification. OMN is technically not able to monitor the information users feed, transmit or store on the OMN service. Even if OMN were in the position to monitor the information users feed, transmit or store, which it is not, OMN is not obligated under the law to conduct such monitoring. To the contrary, OMN believes that monitoring users would amount to an invasion of their privacy. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated please file a notice of infringement with us. This notice should be in the form of a written communication (regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you could be liable for damages (including costs and attorneys' fees) if you materially misrepresent that another’s material is infringing your copyrights. Please send your notice by fax, courier or regular mail to:

CT Corporation System
Attn: Open Media Network
818 West 7th Street
Los Angeles, CA 90017

To be effective, and to expedite our ability to process your request, your notice must include the following:

  1. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  2. 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;
  3. Information reasonably sufficient to permit OMN to contact you, such as your address, telephone number, and if available, your email address (email address is preferred);
  4. A statement that you have 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;
  5. A statement by you that the information in the notification is accurate, made under penalty of perjury, and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. Your written signature.

Upon our receipt of the written Notification containing the information as outlined in 1 through 6 above:

  1. OMN shall remove or disable access to the material that is alleged to be infringing;
  2. OMN shall forward the written notification to such alleged infringer ("Subscriber");
  3. OMN shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

Counter Notification. The Subscriber who made available the material which is claimed to have infringed another’s copyright may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. To file a counter notification with OMN, the Subscriber must provide a written communication (by regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that you could be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your material is not infringing the copyrights of others. Please send your notice to:

CT Corporation System
Attn: Open Media Network
818 West 7th Street
Los Angeles, CA 90017

To be effective, a Counter Notification must include the following:

  1. 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;
  2. A statement under penalty of perjury that the Subscriber 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;
  3. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located (or Santa Clara County, California if the Subscriber's address is outside of the United States), and that the Subscriber will accept service of process from the person who provided notification or an agent of such person; and
  4. The Subscriber’s written signature.


Upon our receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

  1. OMN shall promptly provide the person who filed the Infringement Notification (“Complaining Party”) with a copy of the Counter Notification;
  2. OMN shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; and
  3. OMN shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided OMN or the designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the material on OMN’s service.