NOTICES OF ALLEGED ILLEGAL CONTENT
tvgente is an Internet Service Provider offering a platform which merely
displays links to audiovisual content located on servers of third parties and
provided and/or transmitted by third parties. tvgente does not host nor
transmit any audiovisual content itself and does not control nor influence such
content. tvgente cannot accept any liability for the content transmitted
by others. Any responsibility for this content lies with those who host or
transmit it.
Of course tvgente is concerned about allegations that illegal content is
made available on the websites to which hyperlinks on its website direct.
Although tvgente cannot actively monitor the content which is transmitted
via third party websites, it is willing to take action in removing links to
illegal content upon obtaining proper notice thereof. tvgente will remove
links to illegal content from its website expeditiously, however, it cannot
prevent that links are replaced by visitors of its website. In order to prevent
that a link is replaced again after being removed by tvgente,
tvgente advises you to contact the owner of the website where the content
origins from.
If you have discovered or will discover in the future any links to illegal
content a notice can be submitted to the e-mail or physical address listed
below. The notice must contain at least the following points of information:
* Identity of the content that you claim to be illegal and the grounds for the
illegality. Examples of illegal content are, without limitation: offensive,
slanderous or abusive language, unlawful publications, infringement of privacy
or moral rights, misleading or unlawful advertising, infringement of
intellectual property rights, transmission of trade secrets, know how or
otherwise secret information, sexual or child abusive information or otherwise
illegal information;
* Identification of the location of the content that you claim to be illegal,
including at the minimum the exact URL of the webpage, the date and time you
have identified the alleged illegal content and a screenshot of the webpage,
displaying the alleged illegal content;
* Identification of the location of the link to the content that you claim to be
illegal, including at the minimum the exact URL of the webpage on which the link
is displayed and the date and time you have identified the link to the alleged
illegal content;
* Your street or mailing address, telephone number, and e-mail address; and
* A statement in which you declare:
- that you have a good faith belief that the disputed use of the content is not
authorized by the owner or its agent;
- that the disputed use is not permitted by law, e.g. under the Canada Copyright
Act (e.g. is not exempted as a limitation on copyright);
- that you have summoned the owner of the website that allegedly hosts, provides
or transmits the illegal content to cease his or her illegal activity or, if not
possible, why you were unable to contact said owner directly;
- that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of a right that
is allegedly infringed or otherwise abused;
- that you indemnify tvgente, all its affiliates and its and their
respective officers, directors, employees, agents and successors from any and
all claims, losses, costs and expenses (including reasonable attorneys’ fees),
damages, penalties and liabilities incurred by tvgente as a result of the
notice; and
- that you agree that the notice as well as all disputes arising out of or in
connection to it shall be governed by the laws of Canada and that any dispute
shall be finally and exclusively resolved before the competent court at
Stockholm, Canada.
Upon receipt of a notice which complies with the notice procedures set forth
above, tvgente will promptly remove the identified link from its website.
To be effective, notices must be addressed and delivered to tvgente as
follows:
info@tvgente.com
We at tvgente have worked hard to establish procedures that ensure
compliance with the laws of Canada and that generate a prompt and accurate
response to all complaints that we may receive. In order to speed any complaint
along as quickly as possible, please make sure that you comply with all the
notice procedures set forth above.