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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:
- 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;
- 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;
- 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);
- 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;
- 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
- Your written signature.
Upon our receipt of the written
Notification containing the information as outlined in 1 through
6 above:
- OMN shall remove or disable
access to the material that is alleged to be infringing;
- OMN shall forward the written
notification to such alleged infringer ("Subscriber");
- 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:
- 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 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;
- 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
- The Subscriber’s written
signature.
Upon our receipt of a Counter Notification containing the
information as outlined in 1 through 4 above:
- OMN shall promptly provide the
person who filed the Infringement Notification (“Complaining
Party”) with a copy of the Counter Notification;
- 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
- 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.
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