DMCA

Introduction

The Upstream IPTV platform functions as a distributor of legal IPTV services. It does not directly host or transmit any content but enables users to access content offered by third-party services. Moreover, Upstream IPTV has a good track record in intellectual property protection and is expected to maintain this among its subscribers. Our DMCA policy states that our website complies with the Digital Millennium Copyright Act and describes the procedure for addressing copyright infringement issues.

Digital Millennium Copyright Act

DMCA is the legislative instrument of the United States enacted in 1998. It addresses challenges posed by technological developments and the booming e-commerce environment to copyright protections and intellectual property rights management in an increasingly digital era. The DMCA is essential for harmonizing the rights of authors, tech firms, and society.

The DMCA includes safe harbor provisions that protect intermediary service providers from direct accountability for copyright violations by their users. This allows platforms like social media websites, video-sharing platforms, and hosting servers to operate without fear of frequent lawsuits related to user-generated content. However, service providers must adhere to requirements, including having a notice-and-takedown policy, to qualify for safe harbor.

Additionally, the DMCA provides fair-use protection, ensuring that the legitimate use of copyrighted material for educational, commentary, criticism, or news dissemination purposes is not hindered by overly aggressive copyright enforcement.

Copyright holders can submit a takedown notice to the service provider if they find their content used illegally, enabling swift removal of unauthorized work without lengthy court proceedings.

The DMCA also has a global impact, influencing copyright laws worldwide and ensuring uniformity in intellectual property protection, allowing creators to safeguard their works effectively on the internet.

Upstream IPTV

The nature of the service offered by Upstream IPTV is as follows:

• The system promotes authorized content where it acts as a reseller for genuine IPTV services on their behalf.
• Upstream IPTV is entirely separate and does not host or oversee any streams or media files. Instead, it serves as a distribution method for content with permission.
• Section 2 of the Upstream IPTV terms describes content ownership. All content offered by Upstream IPTV is copyrighted and owned by its original creators. Upstream IPTV claims no ownership or direct association with copyrighted content.
• Upstream IPTV does not account for content on external platforms. If any user or entity feels that materials accessed via Upstream IPTV infringe on their rights, they should contact the hosts or providers of these resources.
• Unlike Upstream IPTV, its ability to play a part in dealing with host content issues is limited. We respect and appreciate the autonomy of external contributors.

Content Ownership

2.1 Copyright Acknowledgment

All materials available through Upstream IPTV are owned by their respective rights and intellectual property holders. Upstream IPTV is not attributable to anybody; no one is its copyright owner.

Responsibility towards External Content

3.1 Content from External Sources

Upstream IPTV bears no liability whatsoever for the content displayed by other sites. If a user or entity feels that their rights were violated by accessing content through Upstream IPTV, we refer them to the host providing the content in question.

3.2 Limited Intervention

However, Upstream IPTV has no jurisdiction or power to control or erase any externally held information. External content providers are viewed as autonomous entities whose privacy is respected.

Trademarks and Logos

4.1 Respect for Intellectual Property

We do not own any trademark, service mark, name, logo, or intellectual property that may appear on or through our services. Please note that Upstream IPTV does not associate with these bodies.

No Direct Broadcasting

5.1 Sourcing from Third Parties

However, we insist on clarifying the matter because Upstream IPTV sends no direct channel broadcasts from its servers. Our company sources its contents from third-party providers and does not affiliate itself with the suppliers’ works.

Notification of Copyright Infringement

When it comes to copyright issues, if you happen to be the owner of the rights or a company’s representative who believes that Upstream IPTV uses your copyrights inappropriately, you can give notice about such infringement under the conditions stipulated by the Digital Millennium Copyright Act. Please provide the following information in your notification:

• The identified copyrighted work was violated.
• The infringing material and its location on our website.
• A declaration stating, “I have a good faith belief that the disputed material does not have authorization from the copyright owner, its agent, or under the law; the information in the notification is accurate, and, under penalty of perjury, I have the authority to act on behalf of an owner of an exclusive right that’s allegedly infringed.”
• Contact information for response, including email address and phone number.

Ensure that a lawfully appointed agent or the copyright holder signs your notification, either electronically or physically. Your Notice of Claimed Infringement should be sent to our Designated Copyright Agent, whose contact address is below.

Email: Support@upstreamiptv.com

Therefore, before claiming through your legal advisor, follow their guidance. As per section 512(f) of the Copyright Act, one could be held liable for making false declarations.

Counter Notification of Copyright Infringement

If material removal was done without reason, you are free to write and send a Counter Notification to our Designated Copyright Agent. Please include the following in your Counter Notification:

• The specific material that was identified.
• First name, last name, physical address, postal code, telephone number, and email address.
• A statement of consent to the jurisdiction of the US federal district court and your willingness to be served by the process server.
• A declaration, subject to penalty of perjury, stating that the work was mistakenly identified as infringing material.

The counter should be noted properly, and a physical or electronic signature will also be allowed if it is sent by email. By sending a Counter Notification, you authorize the disclosure of some of your data in case any part may be forwarded to the initial plaintiff. Accordingly, within 10 business days, the original claimant is expected to respond to the Counter Notification.

Termination of Subscriber Accounts

A user, subscriber, or account holder will have their accounts disabled or terminated indefinitely by Upstream IPTV if they consistently violate the copyrights and/or other intellectual property rights of others or Upstream IPTV.

Designated Copyright Agent Contact Information

Please send all notices related to this website to our Designated Copyright Agent at:

Email: Support@upstreamiptv.com

Waiver of Responsibility and Liability

9.1 Assumption of Risk

The participant agrees and understands that they are taking part voluntarily in the activity, event, or program conducted by Upstream IPTV. As such, the participant knows, accepts, and understands that the activity, event, or program might pose some risk, such as bodily harm or property damage. By participating in this program, the participant understands they are doing so entirely at their own risk.

9.2 Waiver of Liability

Considering there was an opportunity for participation in the activity, event, or program by the participants, the participant on behalf of themselves, their personal administrators, administrators, heirs, and next of kin, now or in the future, releases and discharges Upstream IPTV, its officers, directors, employees, agents, and any associated partners or affiliates from any and all claims, demands, actions, or causes of action, whether in law or equity, arising from any act, omission, or negligence of Upstream IPTV or any third party.

9.3 Indemnification

Indemnity defends and saves Upstream IPTV from any liability, loss, damage, or expense, including legal fees, against actions resulting from the participant’s involvement in an activity, event, or program.

9.4 No Responsibility for Personal Property

Upstream IPTV shall not be held liable when there is a loss, theft, or damage of any personal property or possession the participant will experience while participating in the activity, event, or program.

9.5 Compliance with Rules and Instructions

During the activity, event, or program, the participant undertakes to observe all of Upstream IPTV’s and its agents’ requirements.

9.6 Governing Law

The Waiver shall be interpreted and applied within the provisions of laws for the state or jurisdiction where Upstream IPTV is sited.

9.7 Severability

In case any provision is not enforceable or invalid, it should only be excluded from the entire Waiver, leaving the remainder intact in full operation.

General Notice

We do not guarantee compensation in any way due to a malfunction of your system or hardware resulting as a consequence of accessing the information published on our web page. One should subscribe to an unlimited, superfast internet connectivity connection provider for smooth watching of the channels.

Section 512(f) of the Copyright Act establishes that one can be held liable for fraudulent misrepresentation of an alleged infringement of copyright that did not actually occur. Upstream IPTV is not liable for other people’s files and servers.

Should you have any queries or complaints, submit them using our contact form.

Contact Us

If you have any questions or inquiries, please reach out to us:

• Email: support@upstreamiptv.com
• Contact Form: https://upstreamiptv.com/customer-care/
• Head Office: Cape Coral, Florida, USA
• Additional Location: Halton Hills, Ontario, Canada