EFFECTIVE DATE: August 11, 2014; Updated June 22, 2015
I. Digital Millennium Copyright Act.
In accordance with the Digital Millennium Copyright Act, Cricket Media, Inc. (“Cricket Media”) has adopted the general policy below toward copyright infringement. The address of Cricket Media’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Policy.
II. Protection of intellectual property rights.
Cricket Media respects the intellectual property rights of others and expects you to do the same. We reserve the right to: (1) block access to, or remove, material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our affiliates, content providers, members or Users, and advertisers, if any; and (2) remove and discontinue service to repeat offenders.
III. Procedure for Reporting Copyright Infringements
A. Infringement Notification. If you believe that material or content residing on, or accessible through, the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Designated Agent:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- A description sufficient to identify of works or materials that you claim has been infringed;
- A description of where the allegedly infringing material is located, with sufficient detail so that Cricket Media is capable of finding and verifying its existence;
- Your contact information including address, telephone number and email address;
- A statement that you have a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
B. Once Proper Bona Fide Infringement Notification is Received by Our Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to take actions including any or all of the following:
- Remove or disable access to the infringing material;
- Notify the content provider, member or User who is accused of infringement that we have removed or disabled access to the applicable material; and
- Terminate such content provider’s, member’s or User’s access to the Services if he or she is a repeat offender.
C. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider, member or User believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or User has the right to send us a counter-notice containing the following information to our Designated Agent:
- A physical or electronic signature of the content provider, member or User;
- 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 disabled;
- A statement that the content provider, member or User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s, member’s or User’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or User’s address is located, or, if the content provider’s, member’s or User’s address is located outside the United States, for any judicial district in which Cricket Media is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Cricket Media may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material 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 accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Please contact the below- Designated Agent to Receive Notification of Claimed Infringement at the following address:
Attn: EVP Legal Affairs
Re: Copyright Claim
Cricket Media, Inc.
13625-A Dulles Technology Drive
Herndon, Virginia 20171