Effective Date: December 31, 2015
Our copyright complaint procedures (“DMCA Procedures”) governs your use of various Platforms (as defined in the Voice Radio Llc Terms of Service Agreement (“TOS”)), and any other servicethat is owned or operated by subsidiaries of Voice Radio Llc (collectively, “Voice,” “we,” us,” and “our”) including our radio stations (“Stations”) that have an authorized link to these DMCA
Below are the steps required for users of our Platforms to notify us of an alleged copyright infringement of content posted on the Platforms and the steps we will take to respond to such notices. Our DMCA Procedures are part of our TOS and are hereby incorporated by reference. Any capitalized terms that are not defined in this document shall have the same meaning given in our TOS. You understand, acknowledge and agree that both the TOS and these DMCA Procedures are legally binding on all users.
You acknowledge, understand and agree that all Voice Material available on these Platforms is owned by or licensed to Voice, our Stations, Advertisers, Operational Service Providers and/or third party licensors (including users that submit their own material, also called user generated content (“UGC”)) and is protected under U.S. and/or international copyright, trademark, patent, or other relevant intellectual property laws. If you submit UGC to our Platforms, you agree to certain licensing terms in our TOS. Click here for details.
Unless such use is expressly prohibited by us, you may view, reproduce, distribute, transmit, link, cache, or otherwise use Voice Material for your personal and non-commercial use, including posting on your Facebook page or other social networking platforms, provided you do not delete or change any of the Voice Material, including copyright or trademark notices. Except where permitted by law or expressly authorized by Voice, Voice Material may not be reproduced, distributed, transmitted, cached or otherwise used for commercial purposes unless you have our prior written permission. You may only use our Platforms and our Voice Material as expressly permitted in these DMCA Copyright Procedures and our TOS and for no other purpose. Voice, our Stations, Advertisers, Operational Service Providers and/or licensors retain exclusive ownership of all Voice Material. See our TOS for more information. Click Here.
How to Provide Notification for Claims of Copyright Infringement
If you have a good faith reasonable belief that any Voice Material is infringing on your copyrights, and you wish to notify us of such alleged copyright infringement, you must send a written communication to Voice’s Designated Agent (see below for contact information) that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
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 Voice’s Designated Agent to locate the material;
Information reasonably sufficient to permit Voice’s Designated Agent to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party 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 complaining party is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
Contact Information for Designated Agent for Notification of Claimed Copyright:
NAME: Joyce Fitch
ADDRESS: DMCA Designated Agent
Voice Radio Llc
20254 Dupont Blvd.
Georgetown, DE 19947
PHONE: (302) 858-5118
FAX: (302) 858-8191
The above address is intended only for notifications and any related correspondence regarding claims of copyright infringement for this Service. United States law provides significant penalties for submitting a false
or fraudulent claim of copyright infringement. Correspondence pertaining to other matters will notreceive a response if sent to the above contact information.
Upon receipt of a notice of claimed infringement that meets the above requirements (or any notification in substantial conformance with the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)), we will remove or disable access to any posted content for which we have received a conforming notice of claimed copyright infringement. If we have an accurate postal mail or email address, we will also send a notification to the user who posted the content, informing the user that the content was removed or access to it was blocked because of claimed copyright infringement.
Voice Repeat Infringer Policy
Under the appropriate circumstances, we will terminate the account or membership of a user who repeatedly infringes the copyright(s) of Voice Material and/or disable the user’s access to any or all Voice Platforms. Each user agrees that if his or her account or membership is terminated and/or access is disabled pursuant to this Copyright Complaint Notice, the user will not attempt to establish a new account or membership under any name (real or assumed). The user further agrees that by opening a new account or registering for membership after being terminated and/or disabled, the user will have violated the Copyright Complaint Procedures and TOS and shall indemnify and hold us harmless for any and all liability that we may incur arising out of or in connection with the user’s use or misuse of the Platforms.
How to Appeal the Removal of Material with a Counter Notification If You Believe Your Content Was Not Infringing
If you are a user who posted material that was removed in response to a notice of claimed copyright infringement and you believe that such material was removed due to a mistake or misidentification, you may request that we restore the posting or cease blocking access to the material by sending us a written communication via postal mail, email, or facsimile to Voice’s Designated Agent for receiving notices of infringement (see above for the contact information). This counter notification must include substantially the following information:
A physical or electronic signature of the user of our Platforms that submitted the removed or disabled material;
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 user 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 user’s name, postal address, telephone, and email address (if applicable), and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which Voice may be found, and that the user will accept service of process from the person who provided notification of copyright infringement under 17 U.S.C. § 512(c)(3) or an agent of such person.