The following Copyright Policy covers all of the websites and any associated content, including, without limitation: any and all mobile or desktop applications, apps, email, over-the-top-platforms, streaming services, software services, RSS services, Mobile Services (as defined below), or other materials or services made available on, from, or through websites (collectively, the “Websites”) of Driven Media Group and its subsidiaries and affiliates (collectively, “Driven Media Group”). All media on the Websites are either: licensed by Driven Media Group; submitted to the Websites by users; readily available and believed to be in the public domain; or used in “fair use” under the U.S. Copyright Act. Driven Media Group respects intellectual property rights and expects its users to do the same.
For Copyright Owners.
If you own the copyright to a photograph, video, or other material that appears on any of the Websites that you claim violates your copyright, please notify us as provided below. If you are uncertain whether the use of the content you are reporting infringes upon your legal rights, you may wish to seek legal guidance. Please bear in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) in the United States, with similar laws existing in other countries.
Notification of Copyright Infringement – DMCA
Driven Media Group is an Online Service Provider, under the DMCA. Driven Media Group respects the legitimate rights of copyright owners and has adopted an efficient notice and takedown procedure as required by the DMCA. The Copyright Policy is intended to guide copyright owners in utilizing that procedure (described herein) and also to guide users and webmasters in restoring access to websites or content that is disabled due to an error.
Delivery of the Notice
Deliver all takedown notices as provided by this Copyright Policy to Driven Media Group’s Designated Copyright Agent by mail or by email as follows:
BY EMAIL TO: aj[at]driven.co.za
Upon receipt of a valid notice, Driven Media Group will process the claim, which may result in removal or limitation of access to the allegedly infringing material, subject to the user’s or webmaster’s right to submit a Counter-Notification that provides claim of lawful use of the disabled works. In applicable circumstances, Driven Media Group will have the disputed material removed from public view and will also notify the user or webmaster who posted the alleged infringing material. This notification may include a complete copy of the notice formerly submitted regarding that material.
Notice to Owners of Copyrighted Works
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA notice (“Notice”) and delivering it to Website’s Designated Copyright Agent, either in writing or by email, as provided for herein.
As a copyright owner, to provide Driven Media Group with a proper valid notice your copyright claim, your notice must be in English and must substantially contain the following:
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. An 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 Notice — a representative list of such works;
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. This identification should include information reasonably sufficient to permit Driven Media Group to locate the material, such as any URLs identifying the alleged infringing material, along with any other information that might assist Driven Media Group’s Designated Copyright Agent in its investigation of your claim;
iv. Information reasonably sufficient to permit Driven Media Group to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the you may be contacted;
v. A statement that you have a good-faith belief that use of the material in question is not authorized by you, your agent, or the law; and
vi. A statement that the information in the Notice 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.
Failure to include all of the aforementioned information may result in a delay in processing the DMCA Notification. If you misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Material Originating From Another Website
If the alleged infringing material originates from another source and you believe that a Website has cached that material, then confirm any of the following that apply:
i. The material has been removed from the originating site or access to the material on the originating site has been disabled;
ii. A court has ordered that the material be removed from the originating site; and/or
iii. A court has ordered that access to the material on the originating site be disabled.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Counter-Notifications
If you receive communication that material you have submitted has been removed by Driven Media Group pursuant to a Notice, and you believe that removal was in error or not pursuant to a valid copyright claim, you may seek to have the material replaced by submitting a Counter-Notifications to Driven Media Group.
Counter-Notifications must be submitted by the original uploader or an agent authorized to act on their behalf, such as an attorney. After Driven Media Group receives your Counter-Notification, it will forward the Counter-Notification to the party who submitted the original claim of copyright infringement. Please note that when Driven Media Group forwards the notice, it will include your personal information. By submitting a Counter-Notification, you consent to having your information revealed in this way. Driven Media Group will not forward the Counter-Notification to any party other than the original claimant.
To be effective and valid, Counter-Notifications must contain substantially the following:
i. A physical or electronic signature of the subscriber;
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 under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of an error or misidentification of the material to be removed or disabled; and
iv. Your name, address, telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Driven Media Group may be found, and that you will accept service of process from the uploader of the infringing material or an agent of such person.
Disabling or Termination of Accounts
It is Driven Media Group’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Last updated: June 01, 2020
