Copyright and DMCA
Last updated
This policy sets out how to notify us that material infringes your copyright, how we respond, and how a person whose material has been removed may contest that removal. Omnivox is desktop software and we do not host a library of user content. This policy applies because we host a website, a feedback channel and a support inbox, and because content you dictate in Cloud Mode is stored in your account.
Our designated agent
Notices of claimed infringement should be sent to our designated agent: Copyright Agent, PT Orico Teknologi Cerdas, Voffice Gold Coast PIK, Gold Coast Office Eiffel Tower, Pantai Indah Kapuk, Level 12, Jakarta 14470, Indonesia, hello@omnivox.tw, +62 21 3973 1727. Notices may be sent to that address by post or by email.
What a notice must contain
To be effective under 17 U.S.C. §512(c)(3), a notice must include: a physical or electronic signature of the copyright owner or someone authorised to act for them; identification of the work claimed to be infringed; identification of the material claimed to be infringing and enough detail for us to find it; your address, telephone number and email; a statement that you believe in good faith that the use is not authorised by the owner, its agent, or the law; and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act for them.
Consider fair use before sending a notice
Before sending a notice, please consider whether the use you are complaining of is permitted as fair use, fair dealing, quotation, or under another exception in the applicable law. A notice sent without considering this may expose you to liability under the section on misrepresentation below.
What we do with a notice
We remove or disable access to material under our control that is the subject of a valid notice, ordinarily within five business days of receiving it, and we notify the person who posted it, where there is one. Where a notice omits any of the elements set out above, we will identify what is missing so that the notice may be submitted again. We do not act on a notice that is plainly outside the scope of this policy, and we will say so.
Material stored in your account
Transcription Text stored in your account is not published and is not accessible to anyone other than you and the personnel described in the Privacy Policy. A notice concerning such material will ordinarily be ineffective, because the material is not publicly available. Where a valid court order requires us to act in relation to it, we will comply and will notify you unless the order prohibits us from doing so.
Counter-notice
If your material was removed and you believe that was a mistake or a misidentification, you may send a counter-notice to the same address, containing the elements set out in 17 U.S.C. §512(g)(3): your signature; identification of the material and its location before removal; a statement under penalty of perjury that you believe in good faith it was removed as a result of mistake or misidentification; and your name, address and telephone number, together with a statement consenting to the jurisdiction of the appropriate court and to accept service from the complaining party.
What happens after a counter-notice
We will forward a counter-notice to the complaining party. Unless they file a court action seeking to restrain the activity, we may restore the material in 10 to 14 business days from the date we forward it. We will tell you when we forward a counter-notice and when the period expires.
Repeat infringers
The accounts of persons who repeatedly infringe are terminated. What constitutes repeated infringement is assessed on the facts, including the number and seriousness of valid notices received and whether any was successfully contested. A termination may be appealed to the address above, and we will consider an appeal before the termination becomes final where it is practicable to do so.
Misrepresentation
Under 17 U.S.C. §512(f), a person who knowingly misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages, including costs and legal fees incurred by the other party or by us.
Trade mark and other complaints
This policy concerns copyright. If you believe material infringes a trade mark, or is defamatory, or breaches another right, write to the same address setting out the right you rely on, the material complained of and the basis of your complaint. We will respond, but the specific procedure and the time limits in this policy apply to copyright notices alone.
Notices under other laws
We act on notices that satisfy the requirements of the Digital Millennium Copyright Act. Where the law of another jurisdiction applies to you or to us, we will act on a notice that satisfies the equivalent requirements of that law, and the procedure described here is applied as closely as the circumstances permit.
Records
We keep a record of the notices and counter-notices we receive, the action we took and the date we took it, for as long as necessary to administer this policy and to comply with our legal obligations. These records are not sold or shared.
Questions
Questions about these terms may be sent to the address below.
hello@omnivox.tw