Infringement Policy

Network Foundation Technologies, LLC ("NFT") respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that NFT directly makes available on or via www.nft-tv.com, www.NiFTyTV.com, NFT media players and/or the NFT distribution network (the "Services") and we require our users to do the same. NFT will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act ("DMCA"). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. Upon taking down content under the DMCA, NFT will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. You may use the notification process below to alert us to claims of infringement other than copyright but such notifications are not covered by the DMCA.

NFT may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law - the Privacy Policy for NFT does not protect information provided in these notices.

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1. To File a Notification of Infringing Content

A written notification must be made. This can be done either by email or written letter (regular U.S. mail or courier) or to our DMCA Agent at:

Network Foundation Technologies, LLC
818 Nelson Avenue
Ruston, LA 71272
(Attn: Infringements)

or Infringements@niftytv.com

Please include the following information in your notice:

    1. Identification of the work(s)claimed to have been infringed and a statement of ownership to such work(s);
    1. 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 us to locate the material(e.g., channel, program and specific portion of such programs);
    1. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
    1. A statement that you have 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;
    1. Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copy right owner, its agent or by protection of law";
    1. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    1. Your physical or electronic signature; and
    1. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) and/or content providers who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to "prove" substantive claims.)

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys' fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.

DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT. All other correspondence should be sent using the following link: http://www.nft-tv.com/contact.php).

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2. To file a counter-notification

If your content has been taken down as a result of a notification by a purported copyright owner that such party's copyright rights are infringed by your content, you may respond by sending us a DMCA counter-notification as follows:

    1. List the material that was removed by the NFT administrators, and the location at which the material appeared before it was removed (e.g., channel, program and specific portion of such programs). Please identify in sufficient detail;
    1. Provide your name, address, telephone number, email address (if available);
    1. State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Los Angeles, California if your address is outside of the United States);
    1. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
    1. State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
    1. Your physical or electronic signature.

Send the written document to the designated DMCA Agent at NFT:

Network Foundation Technologies, LLC
818 Nelson Avenue
Ruston, LA 71272
(Attn: Infringements)

or

Infringements@niftytv.com

COPYRIGHT FAQ

What is copyright and why does it matter?

Copyright is a form of legal protection given to authors of original works such as literary, dramatic, musical, artistic, graphic, photographic, software and certain other intellectual works. The copyright owner has the exclusive right to reproduce the work, make new works based on the work, distribute copies, and perform or display the work, during the duration of copyright protection, subject to very limited fair use rights of others to use only such amount as necessary to exercise fair use rights.

How can I learn more about copyrights?

There are many available resources on the Internet. NFT is not responsible for the content provided by these resources, but we have found the following to be informative:

Copyright law is explained by the U.S. Copyright Office here:

http://www.copyright.gov.

A private commercial site offering information and services regarding copyright is:

http://www.benedict.com

A non-profit that helps copyright owners offer their content pursuant to a license whereby certain free use by others is permitted is:

http://www.creativecommons.org

Many universities maintain useful public information regarding copyrights, including:

http://www.law.cornell.edu/wex/index.php/Copyright

http://fairuse.stanford.edu/

How do I make a DMCA notification or counter-notification?

Please follow the instructions at our DMCA Notice and Policy section precisely, including only the enumerated information. Inclusion of any information beyond the specifically required information and optional information listed could significantly impede review of your attempted notification. You may find it simplest to cut-and-paste the numbered items above and use them as headings for the information you are submitting.

I don't agree with the required statements. Do I have to state these things?

We will not accept notices under the DMCA that do not include the statements required by the DMCA.

Can you change the DMCA process?

The Digital Millennium Copyright Act is federal law, passed by the United States Congress. NFT does not have the power to change congressional acts.

Why is NFT imposing liability for damages for false claims of copyright infringement?

The liability for damages for false claims is a provision of the DMCA, which was not written by NFT. Note that these damages and legal fees can be significant, for example see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.

Can NFT give me legal advice concerning my claim?

NFT cannot provide legal advice to you. If you are uncertain about any legal issues, you are well-advised to obtain the services of a competent legal professional.

Where can I find more information about the DMCA?

There are many available resources on the Internet. NFT is not responsible for the content provided by these other resources, but we have found the following to be informative:

A summary of the Digital Millennium Copyright Act can be found at:

http://www.copyright.gov/legislation/dmca.pdf

The text of the Digital Millennium Copyright Act can be found here:

http://www.copyright.gov/legislation/hr2281.pdf

The U.S. federal copyright code is here:

http://www.copyright.gov/title17/92chap5.html