1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENTTo file a copyright infringement notification with us, you will need to send a written communication to our designated agent that includes substantially each of the following (please consult your legal counsel or see Title 17, United States Code, Section 512(c)(3) to confirm these requirements):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact us with any claim of copyright infringement.
We may give notice to our users of a claimed copyright infringement by means of a general notice on any of the Sites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the above designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes substantially each of the following:
i. Your physical or electronic signature.
ii. 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 access to it was disabled.
iii. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
iv. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Please note that under Title 17, United States Code, Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers and account holders who are repeat infringers.
2. USER-GENERATED VIDEO In submitting user-generated video to the Sites, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant F. Peacock Enterprises, LLC, F. Peacock Enterprises, LLC’s joint venture partners, vendors, production companies, and programming and content distributors, and the parents, affiliates, subsidiaries, licensees, successors and assigns of all of the foregoing (collectively, the “Peacock Group”) a non-exclusive, perpetual, royalty-free, fully paid up license to make use of and distribute your user-generated video submitted hereunder, as well your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Video Submission”), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the Peacock Group may or may not earn or generate through the use of your Video Submission. The Peacock Group’s Right to Use Your_Video Submission. You grant the Peacock Group the non-exclusive right to edit in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video/DVD products, and mobile services) of the Peacock Group, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other third parties. You also grant the Peacock Group the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder. Clearance of Your Video Submission for the Peacock Group’s Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the Peacock Group’s use and distribution of your Video Submission hereunder, including without limitation those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the “Elements”). You represent and warrant that, to the best of your knowledge, no further permissions or fees are due for the Peacock Group’s use and distribution of your Video Submission or any Elements therein. You further represent and warrant that any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any third party. Waiver of Right of Approval. You hereby waive any right of inspection or approval of your Video Submission as used and distributed by the Peacock Group, including without limitation any approval of your appearance and/or use of your name therewith or the uses to which either may be put. RELEASE AND WAIVER; INDEMNIFICATION. YOU ACKNOWLEDGE THAT THE PEACOCK GROUP WILL RELY ON THE FOREGOING TERMS AND CONDITIONS POTENTIALLY AT SUBSTANTIAL COST TO THEM, AND YOU HEREBY WAIVE THE RIGHT TO ASSERT ANY CLAIM OF ANY NATURE WHATSOEVER AGAINST ANY PARTY RELATING TO THE EXERCISE OF THE RIGHTS AND PERMISSIONS GRANTED HEREUNDER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PEACOCK GROUP FROM ANY AND ALL CLAIMS ARISING FROM THEIR USE AND DISTRIBUTION OF YOUR VIDEO SUBMISSION AS PERMITTED HEREIN.
3. COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS F. Peacock Enterprises, LLC wants to encourage an open exchange of information and ideas through the Sites. But we cannot and do not review every posting made on F. Peacock Enterprises, LLC’s community and social media sites, or in chat rooms, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than F. Peacock Enterprises, LLC. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment. Responsibility for what is posted on F. Peacock Enterprises, LLC’s community and social media sites, or in chat rooms, forums, blogs and other public posting areas on the Sites lies with each user — you alone are responsible for material you post. F. Peacock Enterprises, LLC does not control the messages, information or other content that you or others may provide through the Sites. You may use the Sites for lawful purposes only. By using the Sites, you agree not to submit, post or transmit through the Sites any material or otherwise engage in any conduct that:
i. Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
ii. Allows you to gain unauthorized access to the Sites, or any Site, or any account, computer system, or network connected to the Sites, by means such as hacking, password mining or other illicit means;
iii. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or contains explicit or graphic descriptions or accounts of sexual acts;
iv. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
v. Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Sites or any Site;
vi. Impersonates any person, business or entity, including F. Peacock Enterprises, LLC and its employees and agents or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including F. Peacock Enterprises, LLC;
vii. Contains an advertisement or solicitation or encourages others to make a donation;
viii.Contains viruses or any other computer code,
files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permits the unauthorized use of a computer or computer network;
ix. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
x. Results in the posting or transmission of any message anonymously or under a false name;
xi. Permits any person to access, using your account, any features of the Sites that may require registration;
xii. Results in a single message being posted to more than five areas of any Site, results in any message being posted to any area of any Site if that message is, in our sole discretion, off-topic or in violation of this Visitor Agreement; or
xiii.Violates this Visitor Agreement, guidelines or any policy posted on the Sites, or interferes with the use of the Sites by others.
Although F. Peacock Enterprises, LLC cannot monitor all content on its community and social media sites, or postings in the chat rooms, forums, blogs and other public posting areas, you understand that F. Peacock Enterprises, LLC shall have the right, but not the obligation, to monitor the content of the Sites to determine compliance with this Visitor Agreement and any other operating rules that may be established by F. Peacock Enterprises, LLC from time to time. F. Peacock Enterprises, LLC shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, including but not limited to Video Submissions, submitted to or posted on the Sites for any reason, including violation of this Visitor Agreement, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and Video Submissions. You acknowledge and agree that neither F. Peacock Enterprises, LLC nor any of its affiliates shall assume or have any liability for any action or inaction by F. Peacock Enterprises, LLC with respect to any conduct within the Sites or any communication or posting on the Sites. Peacock also reserves the right to disclose any information that Peacock, in its sole discretion, believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part. F. Peacock Enterprises, LLC requires you not to use the Sites to violate anyone’s copyright, trademark or other intellectual property rights. By posting or submitting any material (including, without limitation, photographs and videos) to the Sites, you are warranting and representing that you own or have the right to post or make such submission of the material, or are making your submission or posting with the express consent of the owner, and that no other party has any right, claim, or interest in the material that you have submitted or posted. You also warrant that all moral rights, including but not limited to rights of attribution and integrity, in any material that you submit to us or post have been waived. Submitting or posting material that is the property of another, without the consent of its owner, is not only a violation of this Visitor Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.
4. USE OF MATERIALS With the exception of any and all Video Submissions (our permitted use of which is discussed above) and any material posted on F. Peacock Enterprises, LLC’s community and social media sites, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of F. Peacock Enterprises, LLC and may be reproduced, modified and distributed as we see fit, in any medium, for any purpose and in perpetuity. Further, you understand that by posting material on our community and social media sites, you are granting to F. Peacock Enterprises, LLC, and to anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on our community and social media sites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant F. Peacock Enterprises, LLC, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. Please also note the last paragraph in the “COMMUNITY AND SOCIAL MEDIA SITES, CHAT ROOMS, FORUMS, AND BLOGS” section above. Click here for the terms and conditions that govern the submission of user-generated video to the Sites. [Insert link to user generated video portion of Visitor Agreement] The materials available through the Sites are the property of F. Peacock Enterprises, LLC or its licensors, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the Sites. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the Sites in any form (including by e-mail or other electronic means), without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves on the Sites, and to tell them how to find it.
5. LINKING We welcome links to the Sites. You are usually free to establish a hypertext link to any of the Sites so long as the link does not state or imply any sponsorship or endorsement of your site by any of the Sites or by F. Peacock Enterprises, LLC. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on the Sites.
6. NO SOLICITING You agree not to use the Sites to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.
7. NO SPAMMING OR SPIMMING From time to time, users post their e-mail addresses in our chat rooms, forums, blogs and other public posting areas. You may not gather these e-mail addresses for commercial or illegal purposes, such as sending unsolicited or unrequested e-mail or instant messages.
8. NO FRAMING Without the prior written permission of F. Peacock Enterprises, LLC, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites, Peacock or any of their licensors into another website or other service.
9. TRADEMARKS We don’t want anyone to be confused as to which materials and services are provided by F. Peacock Enterprises, LLC and which are not. You may not use any trademark or service mark appearing on the Sites without the prior written consent of the owner of the mark.