xGames COPYRIGHT AND DMCA POLICY
xGames is a search engine, data aggregator, and service provider under the Digital Millennium Copyright Act, 17 U.S.C. section 512 (“DMCA”). xGames has adopted the following policy concerning copyright infringement in accordance with the DMCA and copyright law. xGames will respond promptly to claims of copyright infringement reported to its designated copyright agent. It is xGames’s policy to: (1) accommodate and not interfere with standard technical measures (as defined by the DMCA) used to identify and protect copyrighted works; disable access to or remove content that it believes in good faith may infringe the copyrights of third parties; and discontinue service to users who repeatedly make such content available or otherwise violate xGames’s Terms of Service. Please do not abuse the xGames service by using it to distribute materials to which you do not have the rights.
xGames COPYRIGHT AND EUCD POLICY
Article 14 of the EU Electronic Commerce Directive 2000/31/EC of the European Parliament and Council of 8 June 2000; Article 5 of the EU Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001
How to Report Infringement
If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe that a copyrighted work is being used or provided through the xGames service in a manner that constitutes copyright infringement, please send the following information to xGames’s designated agent:
Identification of the copyrighted works claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a complete or representative list of such works. Identification of the material 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 xGames to locate the material. (Requests will be processed most quickly if we are provided with a list of the xGames URLS or links associated with the material, rather than images or copies of files.)
Contact information for the person providing notice, such as an address, telephone number and, if available, an e-mail address. A statement that the person providing notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law. (Please note that under the DMCA/EUCD, any person who knowingly and materially misrepresents that content is infringing may be subject to liability.) A statement that the information in the notice is accurate, and a statement, under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of the copyright that is allegedly infringed. The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
To submit your notice, send an email to [email protected]
If xGames’s designated agent receives proper notification, or if xGames comes to believe in good faith that content available through the xGames service may infringe copyrights, it will remove or disable access to the potentially infringing materials as soon as reasonably possible. xGames will also promptly notify the member or user who made the content available through the xGames service that the content has been removed or access to it has been disabled.
How to Submit a Counter-Notification if You Dispute Removal or Blocking of Content
If material is removed from the xGames service, or if access to material is disabled, and you believe that (1) the material is not infringing, or (2) that you have the right to use or distribute the material as the copyright owner, the copyright owner’s agent or licensee, or pursuant to the law, you may submit a counter-notification to xGames. Please note that in order to be ensured of receiving notice that material has been removed or access to it has been disabled, you must provide an e-mail address to xGames when you upload material.
xGames must receive any counter-notification within ten business days of giving notice that material has been removed or access to it disabled. If your counter-notification is not received within that time, the material will be permanently disabled.
Please send any counter-notification to xGames’s designated agent, with the following information:
Identification of the content that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access was disabled. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake, or as a result of misidentification of the material to be removed or disabled. Your name, address, telephone number, and, if available, e-mail address.
A statement that you consent to the jurisdiction of the Federal District Court in the judicial district in the United States in which your address is located, or if your address is outside the United States, in Northern District of California, and that you will accept service of process from the person who provided notification of the alleged infringement or from an agent of such person. Your physical or electronic signature.
If a proper counter-notification is received by xGames’s designated agent, xGames may send a copy of the counter-notification to the original complaining party. The counter-notification may be accompanied by notice that xGames will replace or restore access to the content within 15 days of date the notice is sent, unless a legal action is brought against the member or user who provided the counter-notification, seeking a court order regarding the ownership and/or use of the content, and xGames is provided with proof of the commencement of the action. If such an action is not commenced and proof of commencement provided to xGames, then the content that is the subject of the counter-notification will be replaced or access to it restored unless xGames determines, in its sole discretion, that doing so would be contrary to xGames’s Terms of Service, including but not limited to this Intellectual Property Policy.
To submit a counter-notification, send it to xGames’s designated agent.
xGames TRADEMARK POLICY
When materials are uploaded to the xGames service, a URL that links to that material is automatically generated. xGames does not knowingly incorporate third party trademarks into the URLs generated when material is uploaded. Furthermore, xGames does not provide an index of materials available through the xGames service. Therefore, except with respect to any advertising that xGames may provide pursuant to agreements with advertisers, third party trademarks will not normally appear on xGames’s website.
If you believe that the xGames service is being used to distribute products or services using your trademark in a manner that violates your rights as a trademark holder, you may submit a notification to xGames. Use the process described above for submitting a notification of copyright infringement (“How to Report Infringement”), but specify that your notification pertains to trademark infringement by including the phrase “Trademark Notice” in the subject line of your e-mail message or letter. In addition to the information identifying the trademarked materials and their location, include the following: (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 trademark owner, the trademark owner’s agent, or the law; (2) a statement that you are the owner or are authorized to act on behalf of the owner of the trademark that you believe is being infringed; (3) an assurance that the information being provided is accurate; and (4) your physical or electronic signature.
Following receipt of a proper notification, xGames will promptly disable access to or remove content that it believes in good faith may infringe the trademark rights of third parties.
Feel free to contact us anytime via email [email protected]