Vimeo OTT (“Vimeo OTT”) respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that they have the rights to all materials they upload to the “VHX Service,” which includes VHX’s website, http://vhx.tv, VHX-hosted websites that feature our users’ content that (e.g., Name.vhx.tv), and VHX-hosted applications for mobile and connected TV devices that feature our users’ content.
VHX will expeditiously remove materials from the VHX Service in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, VHX may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Notification of Claimed Infringement (for Copyright Holders)
If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with written notice containing the following:
- Your name, address, telephone number, and email address (if any).
- A description of the copyrighted work that you claim has been infringed.
- A description of where on the VHX service the material that you claim is infringing may be found, sufficient for VHX to locate the material (e.g., the URL).
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Your electronic or physical signature.
You may submit your notice via:
Offline: Copyright Agent
Counter-notification (for Users)
If you believe that your material has been removed by mistake or misidentification, please provide us with a written counter-notification containing the following:
- Your name, address, and telephone number.
- A description of the material that was removed and the location on the VHX Service where it previously appeared (e.g., the URL).
- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- 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, any judicial district in which VHX may be found (which includes the United States District Court for the Southern District of New York), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.
- Your electronic or physical signature.
Send your counter-notification to:
Offline: VHX's Copyright Agent
Please note that we will forward any valid counter-notification we receive to the person who submitted the original DMCA notice. That person may elect to file a copyright infringement action against you. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we reserve the right to restore the removed materials. Until that time, your materials will remain removed.
Repeat Infringer Policy
VHX will terminate user accounts that have been the subject of three (3) separate valid DMCA notices that are not withdrawn or subject to a counter-notification that results in the materials being restored. VHX reserves the right to terminate user accounts that are the subject of less than three (3) DMCA notices in appropriate circumstances, such as where the user has a history of violating or willfully disregarding VHX’s Terms of Service.
Please make sure that all of the information you provide is accurate. UNDER THE DMCA, ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.
If we request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements set forth herein, your DMCA notice or counter-notification may not be processed.
VHX may disclose any communications concerning DMCA notices, counter-notifications, or other complaints of rights violations with third parties, including the affected users, the rights holders, and third party databases that collect information on DMCA notices.
If you believe a VHX user is infringing on any of your rights other than copyright (e.g., trademark, privacy, etc.), please provide a detailed complaint to VHX’s Copyright Agent.
VHX's Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any complaints concerning intellectual property or other rights to VHX’s Copyright Agent:
555 West 18th Street
New York, New York 10011
Attn: Legal Dept. – Copyright Agent