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Infringement Policy

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Setplex.com

Claims Regarding Infringement or Other Illegal Content

(Updated June 21, 2018)


Pursuant to the United States Digital Millennium Copyright Act (17 U.S.C. §512)(the “DMCA”), SetPlex, LLC (the “Company”) has implemented procedures for receiving written notification of (a) claimed copyright infringement, (b) claimed violations of other intellectual property rights, or (c) content that is otherwise alleged to be illegal. How you contact the Company and the steps required to submit a notice are set out below and will differ depending on the nature of your notice.

Please note that the Company operates primarily as the creator and operator of middleware solutions that allow content providers who use the Company’s services (“Content Providers”) to stream their content (“Third Party Content”) to their subscribers (the "Subscribers”), either directly or through third party providers of cloud services that are engaged by the Company (“Cloud Partners”). The Company may terminate its services to Content Providers who violate our policies, including by violating the copyright and other intellectual property rights of third parties. But neither the Company nor its Cloud Partners has the ability to remove Third Party Content that is hosted by the Content Providers or other third parties.

Depending on the nature of the services offered by the Company and/or its Cloud Partners to a specific Content Provider, the Company and/or its Cloud Partners are entitled to rely upon Section 512 (a) and/or 512(b) of the DMCA, which limit the liability of certain intermediaries whose involvement with Third Party Content is limited to transitory digital network communications and/or system caching. Specifically, the Company and its Cloud Partners meet the requirements of Section 512(a) and/or 512(b) because:

  • All transmission or availability of Third Party Content through the Company and/or its Cloud Partners is initiated or directed by a person or entity other than the Company or its Cloud Partners;
  • The Company and its Cloud Partners do not select the Third Party Content or the recipient of the Third Party Content;
  • Neither the Company nor its Cloud Partners modifies the Third Party Content, including any associated advertising, from the time it leaves the Content Provider to the time it is viewed by the Subscribers;
  • Both the Company and its Cloud Partners comply with all rules concerning the refreshing, reloading or other updating of Third Party Content that are specified by the Content Providers in accordance with a generally accepted industry standard data communications protocols for the system or network through which the Content Providers make their Third Party Content available;
  • The services provided by the Company and its Cloud Partners do not interfere with the ability of the Content Providers’ technology to return the information that would have been available to the Content Providers if their Third Party Content had been obtained by their Subscribers directly from the Content Providers (provided that such technology meets the requirements of the DCMA); and
  • As a provider of middleware, the Company works with the Content Providers to ensure that appropriate security is in place so that the Company and its Cloud Partners permit access to Third Party Content in significant part only to each Content Provider’s Subscribers.

A. Claimed Copyright Infringement

1. Notice of Alleged Copyright Infringement

The Company has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed by content (including Third Party Content) provided through the Company’s products or services, you may submit a written notice. To be effective under the DMCA, a notice must be a written communication provided to the Company’s Copyright Agent and must contain:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description specifying the location of the material that you claim is infringing;

(d) Your telephone number and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

To submit a notice for copyright infringement, please complete and submit the required information to the e-mail address or postal address below.

Please note that the notice must contain all the above information for it to be effective.

The written notice may be submitted to the Company’s copyright agent for Notice of Claims of Copyright Infringement as follows:

By E-mail to: copyright@SetPlex.com

By Mail to:

SetPlex, LLC
231 Central Ave
2nd Floor
White Plains NY 10606
Attn.: Copyright Agent


Upon receipt of the notice containing the required information, the Company may:

(a) Remove the content that is alleged to be infringing, if the Company has control over such content, or terminate the services it provides to the Content Provider that is responsible for such content (particularly if the Content Provider has repeatedly violated the Company’s policies);

(b) Forward the written notification to the Content Provider that is providing the allegedly infringing content, along with your contact information; and/or

(c) Take reasonable steps to promptly notify the Content Provider that the Company has removed or disabled access to the allegedly infringing content and that the Content Provider may respond with a Counter-Notice.

2. Counter-Notice

If you are a Content Provider and believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA. To be effective, a Counter-Notice must be a written communication provided to the Company’s Copyright Agent and must contain:

(b) Identification of the material removed or to which access has been disabled;

(c) A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material (or termination of your services) was a mistake or that the material was misidentified; and

(d) Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) in [New York County, New York, if your address is located outside the United States and that you will accept service of process from the complainant submitting the notice.

Please note that the Counter-Notice must contain all the above information in full for it to be effective.

The written notice may be submitted to the Company’s Copyright Agent as follows:

By E-mail to: copyright@SetPlex.com

By Mail to:

SetPlex, LLC
231 Central Ave
2nd Floor
White Plains NY 10606
Attn.: Copyright Agent
Upon receipt of a Counter-Notice containing the required information, the Company may:

(a) Promptly provide the complainant with a copy of the Counter-Notice; and/or

(b) Inform the complainant that it will not remove the material or cease enabling access to it unless, within ten (10) business days, the complainant provides the Company’s Copyright Agent with notice that complainant has filed an action seeking a court order to restrain the channel application developer and/or service provider from engaging in infringing activity.

B. Violation of Other Rights; Illegal Content

You may contact us if you believe in good faith that any content provided through Company’s products or services is illegal, or otherwise infringes your or a third party's right (excluding copyright infringement, which is addressed in Section A above), or if you wish to make Company aware of any other illegal or infringing acts related to the Company. This includes, for example, if you become aware of:

  1. trademark infringement; or
  2. defamatory comments or remarks.

Any notice must be in writing and contain:

  1. A detailed description of the infringing or illegal material or activity including why it is infringing or illegal;
  2. A detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and
  3. Your name, address, telephone number and e-mail address.

The written notice may be submitted to the Company’s Copyright Agent as follows:

By E-mail to: copyright@SetPlex.com

By Mail to:

SetPlex, LLC
231 Central Ave
2nd Floor
White Plains NY 10606
Attn.: Copyright Agent

Upon receipt of the notice containing the required information, the Company may:

  1. Remove the content that is alleged to be infringing or illegal, if the Company has control over such content, or terminate the services it provides to the Content Provider that is responsible for such content (particularly if the Content Provider has repeatedly violated the Company’s policies);
  2. Forward the written notification to the relevant Content Provider along with your contact information; and/or
  3. Take reasonable steps to promptly notify the Content Provider that the Company has removed or disabled access to the relevant content.

C. Links To Other Web Sites

Our service may contain links to third party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

D. Repeat Infringement Policy

If you repeatedly infringe other people’s intellectual property rights, we will disable your account and terminate your services agreement when appropriate.