Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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; and
- 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.
- BingTVs designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent email: legal@BingTV.us. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to BingTV customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a counter-notice is received by the Copyright Agent, BingTV may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BingTVs sole discretion.
BingTV takes copyright and other intellectual property rights very seriously. It is BingTVs policy to (1) expeditiously block access to or remove content that it believes in good faith may contain material that infringes the copyrights of third parties and (2) remove and discontinue service to repeat offenders.
BingTV has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512. The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
Procedure for Reporting Copyright Infringements: If you believe in good faith that any content residing on or accessible through BingTVs website or the BingTV service infringes your copyrights, you may send us a notice requesting that the material be removed, or that access to it be blocked. The notice must include the following information (consult legal counsel or refer to 17 U.S.C. 512(c) to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
- Identification of the copyrighted works claimed to have been infringed on BingTVs website or the BingTV service, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
- 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 BingTV to locate the material.
- Contact information for the notifier, such as an address, telephone number and, if available, an e-mail address.
- A statement that the notifier has 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of the copyright that is allegedly infringed.
All notifications of claimed infringement with respect to BingTVs website or the BingTV service should be sent to:
When BingTV receives a notification of alleged copyright infringement, BingTV removes or blocks access to the content that is the subject of the notification. If BingTV removes or blocks access to any content that you have posted to BingTVs website or the BingTV service, BingTV will send you an email informing you that this action was taken. If you believe in good faith that your content was not infringing, or that you have authorization from the copyright owner, or pursuant to law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent (consult legal counsel or refer to 17 U.S.C. 512(g) to confirm these requirements):
- Your physical or electronic signature.
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
- A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which BingTV may be found, and that you will accept service of process from the person who provided the notification of claimed copyright infringement or an agent of such person.
After BingTV receives your counter-notification, it will be forwarded to the party who submitted the original claim of copyright infringement. Please note that forwarded counter-notifications include the personal information of the person who submitted them. By submitting a counter-notification, you consent to having your information revealed in this way. BingTV will not forward the counter-notification to any party other than the original claimant.
After BingTV sends out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the complained-of content. If BingTV receives such notification, BingTV will be unable to restore the content. If BingTV does not receive such notification, BingTV may reinstate the content, within 10 to 14 business days after receipt of the counter-notice, at BingTVs sole discretion.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA (17 U.S.C. 512(f)).
Repeat Infringer Policy:
BingTV enforces a policy that provides for the termination in appropriate circumstances of accounts of users who are determined to be repeat infringers. A repeat infringer includes any user who has added channels or other content to the BingTV service for which we receive three notices of infringement, as described above. Each user agrees that if his or her account is terminated pursuant to BingTVs Copyright Policy, the user will not attempt to establish a new account under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account after being terminated, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.
Terms of Service
- Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date. BingTV may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.Service
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. Content includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of BingTV, including but not limited to all products, software and services offered via the BingTV platform, such as the BingTV channels, the BingTV Groups and other applications.
- The Service may contain links to third party websites that are not owned or controlled by BingTV. BingTV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BingTV will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve BingTV from any and all liability arising from your use of any third-party website.