Overview

ClimaxTV is an online streaming platform. As part of its core mission and the services it provides to its users, ClimaxTV has a zero-tolerance policy against the listing or sale of products that violates a third-party’s copyright, trademark, or other rights. In connection with this policy, ClimaxTV is committed to providing ways for parties to notify ClimaxTV of instances of alleged violations of their intellectual property rights. ClimaxTV also reserves its rights to block access or remove materials that it believes in good faith to be in violation of third-party rights, and further to remove or discontinue service to merchants who repeatedly violate those rights.

Below is some information regarding intellectual property, how authorized parties may submit notices to ClimaxTV with allegations of intellectual property violations, and information on how ClimaxTV merchants can respond when their listings or accounts are affected by such allegations. Please note that any report made to ClimaxTV must be made with a good faith belief, sworn under penalty of perjury, that the material identified violates valid and subsisting intellectual property rights.

ClimaxTV also provides below information on how entities with registered intellectual property rights might take advantage of the additional benefits provided by ClimaxTV’s Brand Partner Program https://climaxtv.net/complains).

Copyright Policy

Overview

A copyright protects original works of authorship that are “fixed” in some permanent or semi-permanent medium. It can cover everything from literary works to artistic works, music to movies, architectural designs to computer software. The duration of copyrights depends on several factors, including when the original work was created, where, and by whom. The owner of a copyright can prevent third parties from copying, displaying, distributing, creating derivative works from, and publicly performing the protected works without authorization from the copyright owner.

Using a third party’s copyrights without proper authorization is a direct violation of ClimaxTV’s Merchant Policies, Merchant Terms of Service, and various other ClimaxTV policies. Accordingly, if ClimaxTV were to learn of such unauthorized use, ClimaxTV reserves its right to remove such listing in its own discretion and without notice to the merchant.

In addition to the above, if you are a rights owner with valid copyright rights or are authorized by the copyright owner to act on its behalf, you may report the allegedly infringing listings, as outlined by the Digital Millennium Copyright Act (“DMCA”), via ClimaxTV’s Report IP Violations online form or as set out below in “Details on the DMCA Notice Process.” In accordance with the DMCA, ClimaxTV reserves the right to (1) block access to or remove material that ClimaxTV believes in good faith to be copyrighted material that has been used without permission, and (2) remove and discontinue service to repeat offenders.

Details on the DMCA Notice Process

Please send a notice of claimed copyright infringement by sending us email at brand-protection@climaxtv.net.

Any such notice of claimed infringement must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ClimaxTV is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material identified in this form is not authorized by the copyright owner, its agent, or the law; and
  • A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon receipt of a proper notice of copyright infringement, ClimaxTV reserves the right to:

  • remove or disable access to the infringing material;
  • notify the content provider who is accused of infringement that ClimaxTV has removed or disabled access to the applicable material; and
  • terminate such content provider’s access to the Services if it is a repeat offender (see Repeat Infringer Policy) or as otherwise stated in ClimaxTV’s policies.

Details on the DMCA Counter-Notice Process

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, may send us a counter-notice containing the following information to ClimaxTV’s Designated Agent at: brand-protection@climaxtv.net.

Any such counter-notice to a claim of infringement must include the following information:

  • A physical or electronic signature of the content provider;
  • 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 disabled;
  • A statement under penalty of perjury that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which ClimaxTV is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the ClimaxTV’s Designated Agent, ClimaxTV will send a copy of the counter-notice to the original complaining party informing that person that ClimaxTV may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material will be replaced or access to it restored in as early as 10 but not more than 14 business days of ClimaxTV’s receipt of the counter-notice.

Trademark Policy

A trademark is any word, symbol, phrase, design, or other indicia that serves to identify and distinguish the source of the goods or service of one party from those of another party. Some examples of trademarks are brand names, logos, and slogans. Trademarks generally are meant to protect consumers from being confused as to the source of a good or service, though they can sometimes also protect the value of companies’ own brands in the marketplace. Trademarks may be registered with each jurisdiction’s regional trademark office.

Using a third party’s trademarks without proper authorization is a direct violation of ClimaxTV’s Merchant Policies, Merchant Terms of Service, and various other ClimaxTV policies. Accordingly, if ClimaxTV were to learn of such unauthorized use, ClimaxTV reserves its right to remove such listing in its own discretion and without notice to the merchant.

Similarly, if you are a rights owner with a registered trademark, or are authorized by the trademark owner to act on its behalf, you may report the allegedly infringing listings by reporting the listing via ClimaxTV’s Report IP Violations online form. Upon receipt of your report, ClimaxTV’s Brand Protection Team will promptly investigate the listing and remove it when appropriate.

If you believe your trademark rights are being violated as outlined in the policies identified above, please provide the requested information via ClimaxTV’s Report IP Violations online form: https://climaxtv.net/brand-protection/

Right of Publicity Policy

The right of publicity is the right of a person to control how his or her name, image, likeness, or other identifiable feature (each a “publicity right”) is used in a commercial setting. In some locations these rights expire upon the death of the individual, but in others these may continue for some time post mortem. The laws regarding these rights are specific to the locations in which the person lived, died and/or had some other connection.

Using a third party’s publicity rights without proper authorization is a direct violation of ClimaxTV’s Merchant Policies, Merchant Terms of Service, and various other ClimaxTV policies. Accordingly, if ClimaxTV were to learn of such unauthorized use, ClimaxTV reserves its right to remove such listing in its own discretion and without notice to the merchant.

Similarly, if you are a rights holder that detects potential violations of your publicity rights, or are authorized by the rights owner to act on its behalf, you may report the allegedly violative listings via ClimaxTV’s Report IP Violations online form. Upon receipt of your report, ClimaxTV’s Brand Protection Team will promptly investigate the listing and remove it when appropriate.

If you believe your publicity rights are being violated as outlined in the policies identified above, please provide the requested information via email brand-protection@climaxtv.net

Repeat Infringer Policy

ClimaxTV takes measures to identify and take action against merchants who are alleged to repeatedly infringe on the intellectual property rights of others. Repeat infringers are subject to the following actions by ClimaxTV, among others:

  • Certain accesses and account privileges may be revoked or limited
  • Monetary fines may be issued
  • Access to content generated by the repeat infringer may be removed temporarily or permanently from the Services
  • Merchant accounts may be temporarily or permanently suspended

Proof of Intellectual Property Rights and Proof of Authorization

As part of the sign-up process, ClimaxTV requires \”Proof of Intellectual Property Rights\” or \”Proof of Authorization.\”

  • The Proof of Intellectual Property Rights requirement can be fulfilled by uploading a government-issued document that establishes your legal right to assert an intellectual property right, such as a trademark document issued by the Patent and Trademark Office or a copyright registration issued by the Government institution.
  • The Proof of Authorization requirement can be fulfilled by uploading a letter of authorization from a brand owner, on official company letterhead and signed by someone from the brand with the ability to grant you authorization, to use the brand owner’s intellectual property rights.