MEGACLOUD™ DMCA CONTENT REMOVAL TOOL GUIDELINES
The MegaCloud™ DMCA Content Removal Tool (the "Tool") is made available by MegaCloud Ltd. ("MegaCloud™"). The following MegaCloud™ DMCA Content Removal Tool Guidelines (the "Guidelines") shall govern your ability to use the Tool. The Tool enables users to submit expedited notices of instances (each, an "Infringement Notice") where such users believe that their content has been copied in a way that constitutes copyright infringement, or that their intellectual property rights have been otherwise violated, by members of the website ("Members") located www.megacloud.com (the "Site"). Please review the Guidelines carefully.
PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING WITH ACCESSING THE SITE, SERVICES AND/OR DOWNLOADING OR INSTALLING THE SOFTWARE. BY ACCESSING THE SITE, SERVICES AND/OR DOWNLOADING THE SOFTWARE, YOU CONSENT TO BE BOUND BY AND AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT BECOME A MEMBER, ACCESS THE SITE, SERVICES OR DOWNLOAD THE SOFTWARE.
The Tool is available to individuals who are at least eighteen (18) years of age, as well as valid business entities, that are owners of copyrighted material (or are authorized to act on behalf of owners of copyrighted material) and that register for use of the Tool as set forth herein.
In order to gain access to the Tool, you must first visit the Site and complete the Tool registration process ("Application"). In order to complete the Application process, each registrant must include his, her or its correct and verifiable: (a) full name, business entity name and/or title with the applicable business entity (as applicable); (b) personal and/or business entity-related e-mail address, mailing address, daytime and/or cellular telephone numbers, as applicable; and (c) any other information requested on the applicable Application form. MegaCloud™ may reject your Application and/or terminate your access to the Tool at any time and for any reason, in its sole discretion. Such reasons may include, without limitation: (i) where MegaCloud™ believes that you are in any way in breach of these Guidelines or any MegaCloud™ Network Agreement (as defined below); and (ii) where MegaCloud™ believes that you are, at any time, engaging in any unauthorized or abusive activity by and through your use of the Tool.
If MegaCloud™ approves your Application, you can set up your Tool account ("Tool Account") by selecting your: (A) user name; and (B) password. You can access your Tool Account at the Site using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Tool Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Tool Account, user name and password.
SUBMISSION OF INFRINGEMENT NOTICES:
The Tool will enable registrants to submit Infringement Notices that contain multiple uniform resource locators ("URLS") of allegedly infringing content. With each Infringement Notice, you must include:
An electronic or physical signature of the person authorized to act on behalf of the owner (the "Complainant:) of the copyright or other intellectual property interest that has allegedly been infringed;
The name, address, telephone number and email address of the Complainant;
A description of the copyrighted work or other intellectual property that the Complainant claims has been infringed;
A description of where the subject infringing material or activity is located, with enough detail that MegaCloud™ may locate the infringing material (e.g., Profile ID);
A statement by the Complainant that, upon information and belief, the disputed use of the material or activity is not authorized by the copyright or intellectual property owner, its agent or the law; and
A statement by the Complainant made under penalty of perjury, that the Complainant is the copyright or intellectual property owner or is authorized to act on behalf of the copyright or intellectual property owner and that the information provided in the notice is accurate.
MEGACLOUDS™ RESPONSE TO INFRINGEMENT NOTICES SUBMITTED VIA THE TOOL:
Upon MegaClouds™ receipt of an Infringement Notice, MegaCloud™ will take the following steps:
Promptly remove or disable access to the alleged infringing material or activity;
Notify the Member responsible for posting the alleged infringement of copyright or other intellectual property rights that the material or activity has been removed or access to it has been disabled; and
Provide the Member with a Counter Notification Form outlining the steps they are required to follow if they wish to respond.
MEGACLOUDS™ RESPONSE UPON RECEIPT OF A COUNTER NOTIFICATION FORM:
Upon MegaClouds™ receipt of a Counter Notification Form, MegaCloud™ will take the following steps:
Promptly provide the Complainant with a copy of the Counter Notification Form;
Promptly inform the Complainant that the removed or disabled material or activity will be replaced or re-enabled in not less than ten (10), but no more than fourteen (14), business days unless MegaClouds™ Copyright Agent receives notice that the Complainant has filed an action seeking a court order to restrain the Member from engaging in infringing activity relating to the subject material or activity on the Site; and
After the period in Section 5(2) above has elapsed, replace or re-enable the disabled material unless a notice of action as defined in Section 5(2) above has been received (unless the material is determined by MegaCloud™ in its sole discretion to potentially infringe any intellectual property rights).
MegaClouds™ Copyright Agent for Notice for Claims of Intellectual Property Violations can be reached as follows:
By mail: Flat 1002, Chuangs Tower, 30-32 Connaught Road Central, HK
To the extent the notices and "take down" requirements above deviate from the requirements under the DMCA, then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of MegaCloud™, Membership of those Members that are deemed to be repeat copyright infringers. We may also, in our sole discretion, limit access to the Site and/or terminate the account of any Member who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.
REPRESENTATIONS AND WARRANTIES:
You hereby represent and warrant to MegaCloud™ that: (a) these Guidelines constitute your legal, valid and binding obligation which is fully enforceable against you in accordance with their terms; (b) your use of the Tool will not conflict with or violate: (i) any provision of law, rule or regulation to which you are subject including, without limitation, applicable copyright laws; (ii) any order, judgment or decree applicable to you; or (iii) otherwise violate the conditions contained in Section 3 above; (c) any and all claims of intellectual property ownership and/or infringement made by you in connection with the Tool and/or Infringement Notices are true, accurate and correct; and (d) you will be solely responsible for your use of the Tool, the Infringement Notices and any action taken by MegaCloud™ in response thereto.
You agree to indemnify and hold MegaCloud™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Tool and/or submission of Infringement Notices in any way, whatsoever; (b) your breach of these Guidelines; (c) any dispute between you and any Members and/or other third parties; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 7 are for the benefit of MegaCloud™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
MEGACLOUD™ NETWORK AGREEMENTS: