Xoomtvbox takes copyright and other intellectual property rights very seriously. It is Xoomtvbox 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.
Xoomtvbox 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 Xoomtvbox website or the Xoomtvbox 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):
1- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
2- Identification of the copyrighted works claimed to have been infringed on Xoomtvbox website or the Xoomtvbox service, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
3- 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 Xoomtvbox to locate the material.
4- Contact information for the notifier, such as an address, telephone number and, if available, an e-mail address.
5- 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
6- 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 Xoomtvbox website or the Xoomtvbox service should be sent to:
Copyright Agent : VP Sales Shiraz Odhwani
c/o Xoomtvbox Inc.
2534 Royal Lane, Suite #215
By email: email@example.com
When Xoomtvbox receives a notification of alleged copyright infringement, it will remove or block access to the content that is the subject of the notification. If Xoomtvbox removes or blocks access to any content that you have posted to the website or the Xoomtvbox service, Xoomtvbox 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):
1- Your physical or electronic signature.
2- 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.
3- 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.
4- 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 Xoomtvbox 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 Xoomtvbox 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. Xoomtvbox will not forward the counter-notification to any party other than the original claimant.
After Xoomtvbox 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 Xoomtvbox receives such notification, it will be unable to restorethe content. If Xoomtvbox does not receive such notification, Xoomtvbox may reinstate the content, within 10 to 14 business days after receipt of the counter-notice, at Xoomtvbox’s sole discretion.
We suggest that you consult your legal adviser 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:
Xoomtvbox 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 Xoomtvbox 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 Xoomtvbox’s 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 therefore.
Xoomtvbox Terms of Service
1. Your Acceptance
B. 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. Xoomtvbox 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.
A. 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 xoomtvbox, including but not limited to all products, software and services offered via the it’s platform such as the channels thru opensource kodi, the Mickeyhop Platform Groups and other applications.
B. The Service may contain links to third party websites that are not owned or controlled by Xoomtvbox, . Xoomtvbox has no control over, and assumes no responsibility for, the content, privacy policies,or practices of any third party websites. In addition, Xoomtvbox will not and cannot censor or edit the content of any third-party site. By using the Service,you expressly relieve Xoomtvbox from any and all liability arising from your use of any third-party website.
3. General Use of the Service—Permissions and Restrictions
Xoomtvbox hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Service or the Content without Xoomtvbox’s prior written authorization, unless Xoomtvbox makes available the means for such distribution through functionality offered by the Service.
B. You agree not to alter or modify any part of the Service.
C. You agree not to access Content through any technology or means other than the video playback pages of the Service itself,or other explicitly authorized means XoomTV may designate.
D. You agree not to use the Service for any of the following commercial uses unless you obtain Xoomtvbox’s prior written approval:
· the sale of access to the Service;
· the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
E. Prohibited commercial uses do not include:
· uploading original content to Xoomtvbox, or maintaining an original channel on xoomtvbox, to promote your business or artistic enterprise; or
· any use that Xoomtvbox expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
G. In your use of the Service, you will comply with all applicable laws.
H. Xoomtvbox reserves the right to discontinue any aspect of the Service at any time.
4. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
A. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Xoomtvbox, subject to copyright and other intellectual property rights under the law.
B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell,license, or otherwise exploit any Content for any other purposes without the prior written consent of xoomtvbox or the respective licencors of the Content.
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that xoomtvbox is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you maybe exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against xoomtvbox with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless xoomtvbox, its owners, operators, affiliates, licencors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
5. Your Content and Conduct
A. You may submit Content to the Service. You understand that xoomtvbox does not guarantee any confidentiality with respect to any Content you submit.
B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses,rights, consents, and permissions to publish Content you submit; and you license to xoomtvbox all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
C. For clarity, you retain all of your ownership rights in your Content.However, by submitting Content to the Service, you hereby grant xoomtvbox a worldwide, non-exclusive, royalty-free, sub licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and xoomtvbx (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree,however, that xoomtvbox may retain, but not display, distribute, or perform,server copies of your content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
D. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant xomtvbox all of the license rights granted herein.
E. You further agree that you will not submit to the Service any Content or other material that is contrary to the kodi or xomtvbox Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
F. Xoomtvbox does not endorse any Content submitted to the Service byany user or other licensor, or any opinion, recommendation, or advice expressed therein, and xoomtvbox expressly disclaims any and all liability in connection with Content. xoomtvbox does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and xomtvbox will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Xoomtvbox reserves the right to remove Content without prior notice.
6. Account Termination Policy
A. Xoomtvbox will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
B. Xoomtvbox reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Xoomtvbox may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
7. Digital Millennium Copyright Act
A. 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, are present active 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 reasonablysufficient to permit the service provider to contact you, such as an address,telephone number, and, if available, an electronic mail;
· A statement that youhave a good faith belief that use of the material in the manner complained ofis not authorized by the copyright owner, its agent, or the law; and
· A statement that the informationin the notification is accurate, and under penalty of perjury, that you areauthorized to act on behalf of the owner of an exclusive right that isallegedly infringed.
B. Xoomtvbox designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent(Shiraz.Odhwani VP of Sales & Marketing) c/o Xoomtvbox, Inc. 2534 Royal Lane, Suite #215, Dallas,TX 75229.
Ph # 469-888-0325, Email: firstname.lastname@example.org For clarity, only DMCA notices should go tothe Copyright Agent; any other feedback, comments, requests for technicalsupport, and other communications should be directed to Xoomtvbox customerservice. You acknowledge that if you fail to comply with all of therequirements of this Section 5(D), your DMCA notice may not be valid.
C. Counter-Notice. If you believe that your Content that was removed (orto which access was disabled) is not infringing, or that you have theauthorization from the copyright owner, the copyright owner’s agent, orpursuant to the law, to post and use the material in your Content, you may senda counter-notice containing the following information to the Copyright Agent:
· Your physical orelectronic signature;
· Identification of theContent that has been removed or to which access has been disabled and thelocation 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.
D. If a counter-notice is received by the Copyright Agent, Xoomtvbox may send a copy of the counter-notice to theoriginal 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 oruser, 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 XoomTV’s sole discretion.
8. Warranty Disclaimer