DMCA Policy

Smarter Stream TV respects the intellectual property rights of others and expects users of its platform to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512, and equivalent copyright laws in other jurisdictions, we have established the following procedures for reporting claimed copyright infringement on or through our service. We respond expeditiously to valid notices and maintain a policy of terminating accounts of repeat infringers.

1. DMCA Overview

The DMCA provides a mechanism for copyright owners to notify online service providers of infringing content so that it can be removed. It also provides a counter-notification mechanism for users who believe content was removed in error. This policy describes both processes and is provided for informational purposes; it does not constitute legal advice.

If you believe that content accessible through our service infringes your copyright, you may submit a written DMCA takedown notice to our Designated Agent as described below. Please note that submitting a false or misleading notice may expose you to civil and criminal liability under applicable law.

2. Designated Copyright Agent

We have designated the following agent to receive DMCA notices on our behalf:

DMCA Agent — Smarter Stream TV
Email: dmca@smarterstream.tv
Subject Line: DMCA Takedown Notice
Website: https://smarterstream.tv

Mailing Address:
DMCA Agent, Smarter Stream TV
c/o Legal Department
[Address on file — contact dmca@smarterstream.tv for postal address]

Please note that only DMCA notices and counter-notifications should be sent to the Designated Agent. All other enquiries (technical support, billing, general queries) should be directed to the addresses on our Contact page.

3. Filing a DMCA Takedown Notice

To be valid under the DMCA, your takedown notice must be a written communication (physical or electronic) to our Designated Agent that includes all of the following elements (per 17 U.S.C. § 512(c)(3)):

Identification of the Copyrighted Work: A description of the copyrighted work that you claim has been infringed, or, if your notice covers multiple works at a single online site, a representative list of such works at that site.
Identification of the Infringing Material: A description of the material that you claim is infringing and that you request be removed or access to which you request be disabled, with sufficient detail to permit us to locate the material. This should include the specific URL(s) or, if a specific URL is not available, a description sufficient to identify the location of the infringing content.
Your Contact Information: Your name, address, telephone number, and email address so that we may contact you regarding your notice.
Statement of Good Faith: A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
Statement of Accuracy and Authority: A statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or are authorised to act on behalf of the copyright owner.
Physical or Electronic Signature: A physical or electronic signature of the copyright owner or a person authorised to act on behalf of the copyright owner.

Notices that do not comply with all statutory requirements may be rejected or may not receive a timely response. Upon receiving a valid and complete takedown notice, we will act expeditiously to remove or disable access to the claimed infringing material and will notify the user who posted the content (where applicable).

4. Counter-Notification Procedure

If you believe that material you posted was removed or access to it was disabled as a result of a mistake or misidentification of the material, you may file a counter-notification with our Designated Agent. Your counter-notification must include all of the following elements (per 17 U.S.C. § 512(g)(3)):

Identification of the Removed Material: A description of the material that was removed and the URL or location where it appeared before removal.
Statement Under Penalty of Perjury: A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your Contact Information: Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Smarter Stream TV may be found), and that you will accept service of process from the party who submitted the original takedown notice, or an agent of such person.
Physical or Electronic Signature: Your physical or electronic signature.

Upon receipt of a valid counter-notification, we will forward it to the party who submitted the original takedown notice and will restore the removed material (or cease disabling access to it) within 10–14 business days of receiving the counter-notification, unless our Designated Agent first receives notice that the original complainant has filed a court action seeking to restrain the allegedly infringing activity.

5. Repeat Infringer Policy

In accordance with the DMCA and applicable copyright law, Smarter Stream TV maintains a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. A user may be considered a repeat infringer if their account is the subject of two or more valid, uncontested DMCA takedown notices within any 12-month period, or if the user is found to be engaging in systematic copyright infringement.

We reserve the right to terminate an account at any time, without prior notice, if we determine in our sole discretion that the account holder is engaging in or facilitating copyright infringement. Account termination under this policy does not entitle the account holder to any refund of subscription fees.

6. Misuse of the DMCA Process

The DMCA provides that any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be liable for damages, including costs and attorneys' fees. Please be aware that submitting a false notice or counter-notification is a serious matter with legal consequences. We reserve the right to seek damages from any party who abuses the DMCA notice-and-takedown process.

7. Non-DMCA Copyright Complaints

For copyright concerns from users outside the United States, while the DMCA framework is primarily a US law, we endeavour to apply its principles globally as a best-practice standard for handling intellectual property complaints. Rights holders in the EU, UK, Australia, Canada, and other jurisdictions may use the same takedown notice process described above. We will handle all such notices in good faith and in compliance with applicable local copyright law.

8. Contact for DMCA Notices

All DMCA takedown notices and counter-notifications must be directed to:

DMCA Agent — Smarter Stream TV
Email: dmca@smarterstream.tv
Subject: DMCA Takedown Notice or DMCA Counter-Notification

For all other enquiries, please visit our Contact page.