SCREENBITE LTD NOTICE & TAKE DOWN PROCEDURE FOR CAMSTREAMS.COM
(updated May 2006)
Screenbite Limited (‘We’,
‘Us’ or ‘Screenbite’) takes notices of alleged defamation, infringement and
breach of our Code of Conduct and
Terms of Use seriously. To validate such notices quickly and effectively,
We ask that you comply with the provisions set out in this Notice and Take Down
Procedure.
We will review any Take
Down Notice (as defined below) as soon as reasonably practicable and will act
expeditiously to remove any material that is defamatory, breaches the
intellectual property rights of any third party and/or is otherwise in breach
of our Code of Conduct and Terms
of Use (‘Offending Material’). As part of Our response, We may remove or
disable access to any Offending Material residing on Camstreams.com, in which
case We will use reasonable endeavours to contact the person who submitted the Offending
Material so that they may issue a Counter-Notice (as defined below).
Before serving either a Take Down Notice or Counter-Notice,
you may wish to contact a solicitor to better understand your rights and
obligations under the Electronic
Commerce (EC Directive) Regulations (as may be amended from time to time) and
any other applicable laws.
Take Down Notice
To be valid, a Take Down
Notice should contain the following information:
(a) Reasonably sufficient details to enable Us to
identify the allegedly Offending Material. If there are large amounts of allegedly
Offending Material, please provide a representative list of such materials, for
example, copies of the infringing material and the username of the broadcaster or contributor
of the material;
(b) Reasonably sufficient detail to enable Us to
identify and locate the allegedly Offending Material (for example by providing
the date and time on which the material was made available on Camstreams.com);
(c) Your contact details so that we can contact you (for
example, your address, telephone number, email address);
(d) A statement that you believe, in good faith, that
the material described in the Take Down Notice is Offending Material and that the
information contained in the Take Down Notice is true and accurate and that you
are, or are authorised to act on behalf of, the party that has been harmed by and/or
is the subject of the allegedly Offending Material; and
(e) Your physical or electronic signature.
Your Take Down Notice
should be forwarded by email to complaint@camstreams.com
or by fax to +44 (0)7005 968528.
If you use an anonymous email service and/or we have no way to contact you back, your complaint will not be valid and will be ignored.
Counter-Notice
If material that you have broadcast
or posted to Camstreams.com has been taken down, you may file a Counter-Notice.
To be valid, a Counter-Notice should contain the
following information:
(a) 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 disabled;
(b) A statement that you believe
in good faith that the material was removed or disabled as a result of mistake
or misidentification of the material in question and that the material is not
Offending Material;
(c) Your name, address and
telephone number; and
(d) Your physical or electronic signature.
Your Counter-Notice
should be forwarded by email to complaint@camstreams.com
or by fax to +44 (0)7005 968528.
This Notice and Take Down Procedure and any dispute arising
in any way in relation to Camstreams.com will be governed by and construed in
accordance with the applicable laws of England. Use of Camstreams.com is
subject to Our Code of Conduct and Terms of Use.
This Notice and Take Down Procedure is provided to complement and not to
exclude your legal rights. If you are the subject of any material that is
defamatory, breaches your intellectual property rights and/or is otherwise in
breach of our Code of Conduct and
Terms of Use then you are recommended to seek independent legal advice from
a solicitor that specialises in media and technology law.
