Vport DMCA Policy

Copyright Notices, Counter-Notifications, and Repeat Infringers

Vport, LLC ("Vport," "we," "us," or "our") respects the intellectual-property rights of others and requires users and Creators to do the same.

This Vport DMCA Policy (the "Policy") describes Vport's procedures for copyright notices, counter-notifications, repeat-infringer enforcement, and related copyright matters under the Digital Millennium Copyright Act ("DMCA"), including 17 U.S.C. § 512.

This Policy applies to copyright complaints concerning material made available through Vport, including the Vport applications, thevport.com, Creator Studio, Creator Profiles, Video-on-Demand ("VOD") content, Live Events, and other Creator Content, to the extent applicable.

This Policy is part of the Vport Terms of Service. Capitalized terms not defined here have the meanings given in the Terms or the Vport Creator Agreement.

1. Vport's Copyright Framework

Creators are responsible for ensuring that they own, control, have obtained, or are otherwise legally authorized to grant all rights, licenses, permissions, consents, and other authority necessary for Vport's authorized distribution of Creator Content.

Vport operates a copyright notice-and-takedown process. When Vport receives a notification of claimed infringement that substantially complies with 17 U.S.C. § 512(c)(3), Vport responds expeditiously to remove or disable access to the material identified in the notice, as required for the applicable DMCA safe harbor.

Vport also acts expeditiously when it obtains actual knowledge of specific infringing material or activity or becomes aware of facts or circumstances from which specific infringing activity is apparent, as required by applicable law.

Vport Does Not Clear Rights

Creator Content is made available at the direction of the Creator who submits it. Vport does not undertake to review Creator Content for copyright clearance before publication. No Vport moderation, content-safety check, or enforcement action is:

• copyright clearance;
• music-rights verification;
• chain-of-title review;
• verification of synchronization, master-use, performance, mechanical, sample, remix, trademark, publicity, or other rights;
• an investigation of copyright ownership or licensing; or
• a determination that Creator Content is non-infringing or fully licensed.

Publication of Creator Content does not shift the Creator's rights-clearance obligations to Vport.

Nothing in this separation limits Vport's ability or obligation to act if Vport actually obtains knowledge or awareness requiring action under applicable copyright law.

2. Service Provider and Designated Copyright Agent

For purposes of Vport's DMCA designated-agent information:

Service Provider: Vport, LLC Physical Street Address: 2510 6th Avenue, Unit 3006, Seattle, WA 98121, USA Alternate Names: Vport; The Vport; Vport Creator Studio; thevport.com; www.thevport.com

Vport's designated agent for notifications of claimed copyright infringement and DMCA counter-notifications is:

Designated Copyright Agent: Jonathan Bailey Organization: CopyByte Mailing Address: 3157 Gentilly Blvd, Suite #2254, New Orleans, LA 70122, USA Telephone: +1 (504) 356-4555 Email: vport-dmca@copybyte.com

For the most efficient processing, copyright notices and counter-notifications should be sent directly to vport-dmca@copybyte.com.

Vport maintains this designated-agent information publicly and will update it, together with its Copyright Office designation, when required by applicable law.

3. DMCA Notice of Claimed Infringement

If you own an exclusive copyright right, or are authorized to act on behalf of the owner of an exclusive right, and you believe material made available through Vport infringes that right, you may send a written notification of claimed infringement to Vport's Designated Copyright Agent.

To be effective under 17 U.S.C. § 512(c)(3), the notice must include substantially the following:

1. Signature. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by one notification, a representative list of those works at that site.

3. Identification of the material to be removed or disabled. Identification of the material 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, together with information reasonably sufficient to permit Vport to locate the material.

4. Contact information. Information reasonably sufficient to permit Vport to contact the complaining party, such as a mailing address, telephone number, and, if available, an email address.

5. Good-faith statement. 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, the owner's agent, or the law.

6. Accuracy and authority statement. 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.

Send notices to:

vport-dmca@copybyte.com

or to the physical mailing address of the Designated Copyright Agent in Section 2.

Information That Helps Vport Locate Material

Where available, please include:

• the specific Vport content URL or other direct locator;
• the Creator name;
• the VOD or Live Event title;
• the specific work or portion of the work complained of;
• timestamps or other identifying information where only part of a video or Live Event is at issue; and
• any other information reasonably useful to distinguish the material complained of from unrelated material.

For an ongoing or scheduled Live Event, provide the event title, Creator, scheduled or current transmission time, and the most precise locator available.

A copyright registration is not required merely to send a DMCA notice.

Before submitting a notice, the complaining party should consider whether the complained-of use is authorized by the copyright owner, an authorized license, or applicable law.

4. Incomplete or Deficient Notices

A notice that does not substantially comply with 17 U.S.C. § 512(c)(3) may not be effective under the DMCA.

If a notice contains:

• identification of the copyrighted work claimed to have been infringed;
• identification of the material claimed to be infringing and information reasonably sufficient to locate it; and
• information reasonably sufficient to contact the complaining party,

but is otherwise deficient, Vport or its Designated Copyright Agent will promptly attempt to contact the complaining party or take other reasonable steps to assist in obtaining a notification that substantially complies with the statutory requirements, as provided by 17 U.S.C. § 512(c)(3)(B)(ii).

Vport may request clarification where reasonably necessary to identify the work, locate the material, determine the scope of the complaint, or process the notice.

5. Vport's Response to a Compliant Notice

When Vport receives a notification that substantially complies with 17 U.S.C. § 512(c)(3), Vport will respond expeditiously to remove or disable access to the material claimed to be infringing or to be the subject of infringing activity.

Where the removed or disabled material was stored or made available at the direction of a Vport user or Creator, Vport will take reasonable steps to promptly notify the affected user or Creator of the removal or disabling as required by the applicable DMCA process.

Vport may provide the affected user or Creator with a copy of the notice or relevant information from it so that the user can understand the claim and, where appropriate, submit a counter-notification.

For an ongoing Live Event, Vport may interrupt or disable access to the identified material where expeditious action is required and technically available.

A removal or disabling of access in response to a DMCA notice is not a determination by Vport that infringement occurred and is not an admission concerning ownership, validity, authorization, or liability.

6. DMCA Counter-Notification

If Vport removed or disabled access to Creator Content in response to a DMCA notice and the affected user or Creator believes the material was removed or disabled because of mistake or misidentification, that person may send a written counter-notification to Vport's Designated Copyright Agent.

To be effective under 17 U.S.C. § 512(g)(3), the counter-notification must include substantially the following:

1. Signature. The user's or Creator's physical or electronic signature.

2. Identification of the removed material. Identification of the material that was removed or to which access was disabled and the location at which the material appeared before it was removed or access was disabled.

3. Statement under penalty of perjury. A statement, under penalty of perjury, that the user or Creator has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. Name, address, telephone number, jurisdiction, and service. The user's or Creator's name, address, and telephone number, together with a statement that the person:

• consents to the jurisdiction of the Federal District Court for the judicial district in which the person's address is located or, if the person's address is outside the United States, for any judicial district in which Vport may be found; and
• will accept service of process from the person who submitted the original DMCA notice or that person's agent.

Send counter-notifications to:

vport-dmca@copybyte.com

Important Privacy Notice

The DMCA requires Vport to provide the original complaining party with a copy of a compliant counter-notification.

Accordingly, if you submit a counter-notification, the information it contains, including your name, address, telephone number, and the required jurisdiction and service statements, will be provided to the complaining party as required by law.

Do not submit a DMCA counter-notification if the content was removed solely for a reason unrelated to a DMCA copyright notice, such as a separate violation of Vport's Community Guidelines.

7. Procedure After a Valid Counter-Notification

After Vport receives a counter-notification that substantially complies with 17 U.S.C. § 512(g)(3), Vport will:

1. promptly provide the original complaining party with a copy of the counter-notification;
2. inform the complaining party that Vport will replace the removed material or cease disabling access to it in 10 business days; and
3. replace the removed material or cease disabling access to it not less than 10 and not more than 14 business days after Vport receives the counter-notification, unless Vport's Designated Copyright Agent first receives notice from the original complaining party that the complaining party has filed an action seeking a court order to restrain the user or Creator from engaging in infringing activity relating to the material on Vport.

Independent Grounds for Restriction

The DMCA counter-notification procedure addresses only the copyright takedown.

Vport may continue to restrict or remove material on an independent basis if, for example, the content violates Vport's Terms of Service, Creator Agreement, Community Guidelines, applicable law, a court order, or a binding Platform requirement.

Where Vport maintains a restriction for an independent reason, that action is separate from Vport's handling of the DMCA copyright claim.

8. Repeat-Infringer Policy

Vport has adopted and reasonably implements a policy that provides for termination, in appropriate circumstances, of users and Creators who are repeat infringers, as required by 17 U.S.C. § 512(i)(1)(A).

Vport informs account holders of this policy through this Policy and the Vport Terms of Service.

A. Copyright Enforcement Records

Vport may maintain records reasonably necessary to administer this policy, including records of:

• substantially compliant DMCA notices;
• removals or disabling of access resulting from those notices;
• counter-notifications and restorations;
• withdrawals or resolutions of copyright complaints;
• repeated re-uploading of material previously removed for infringement;
• removals based on actual knowledge or awareness of specific infringing activity;
• court orders or judgments concerning infringement;
• attempts to evade copyright enforcement through replacement accounts or materially equivalent re-uploads; and
• other information reasonably relevant to determining whether an account holder is a repeat infringer.

Recordkeeping is handled in accordance with Vport's Privacy Policy.

B. Appropriate Circumstances for Termination

Vport may determine that termination is appropriate where an account holder demonstrates a repeated pattern of copyright infringement, including through repeated takedowns, repeated knowing re-uploading of infringing material, repeated infringement of the same or different works, or other reliable evidence of repeated infringement.

Vport may consider all relevant circumstances, including:

• the number, frequency, and seriousness of qualifying infringement incidents;
• whether multiple notices arise from the same underlying occurrence or material;
• whether a notice was withdrawn;
• whether a valid counter-notification resulted in restoration;
• credible evidence of mistake, misidentification, authorization, license, or lawful use;
• court orders, judgments, or other reliable legal determinations;
• intentional re-uploading after a takedown;
• deliberate attempts to evade enforcement;
• the account holder's response to prior copyright enforcement; and
• other circumstances reasonably relevant to whether termination is appropriate.

Vport is not required to wait for a fixed number of notices before terminating an account where earlier termination is appropriate based on the circumstances.

A facially invalid, withdrawn, duplicative, abusive, or successfully countered claim is not, by itself, conclusive proof that an account holder is a repeat infringer.

C. Enforcement Measures

Depending on the circumstances, Vport may:

• issue a warning;
• remove or disable access to content;
• restrict uploading or monetization;
• disable Creator Studio;
• suspend an account;
• terminate an account;
• prevent or restrict circumvention or re-registration where permitted by law; or
• take other reasonable measures necessary to implement this policy.

Termination of Creator Studio or a Vport account does not eliminate obligations or records that must survive under the Terms, Creator Agreement, Privacy Policy, or applicable law.

9. Standard Technical Measures

Vport accommodates and does not interfere with standard technical measures that satisfy the requirements of 17 U.S.C. § 512(i)(2).

The statutory term refers to technical measures used by copyright owners to identify or protect copyrighted works that:

1. have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process;
2. are available to any person on reasonable and nondiscriminatory terms; and
3. do not impose substantial costs on service providers or substantial burdens on their systems or networks.

This provision does not mean that every proprietary filtering, fingerprinting, matching, or rights-management product is a "standard technical measure" under § 512(i).

10. No General Affirmative Copyright-Monitoring Commitment

Consistent with 17 U.S.C. § 512(m), Vport does not undertake a general contractual obligation to monitor all Creator Content for infringement or affirmatively seek facts indicating infringing activity, except to the extent applicable law provides otherwise with respect to standard technical measures.

Vport's moderation is not a copyright-monitoring or rights-clearance service. Vport may use manual or automated tools without assuming that obligation.

This does not limit Vport's responsibility to act expeditiously when Vport receives a compliant DMCA notice, obtains actual knowledge of specific infringement, becomes aware of facts or circumstances from which specific infringing activity is apparent, or is otherwise legally required to act.

11. Misrepresentations in Notices and Counter-Notifications

Under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents:

• that material or activity is infringing; or
• that material or activity was removed or disabled by mistake or misidentification

may be liable for damages, including costs and attorneys' fees, incurred by an alleged infringer, copyright owner or authorized licensee, or service provider injured by the misrepresentation.

Notices and counter-notifications should therefore be submitted accurately and in good faith.

12. Subpoenas and Other Legal Process

Vport may respond to subpoenas, court orders, and other valid legal process as required by applicable law.

Nothing in this Policy limits rights available to copyright owners under 17 U.S.C. § 512(h) or other applicable law, or Vport's rights to object to, seek clarification of, or otherwise respond to legal process as permitted by law.

13. Copyright Complaints Are Separate from Other Reports

The DMCA process described in this Policy applies to copyright claims. It is not the appropriate procedure for every complaint involving content.

Trademark, Publicity, Privacy, Contract, or Other Rights

For non-copyright legal complaints, contact:

legal@thevport.com

Content and Safety Reports

For prohibited-content or safety reports, use Vport's in-product reporting control or contact:

support@thevport.com

Non-Consensual Intimate Imagery

For a removal request concerning non-consensual intimate imagery, use Vport's in-product reporting control or email:

support@thevport.com

with the subject line:

NCII REMOVAL REQUEST

Vport's NCII removal process is separate from the DMCA process.

An ordinary in-app report does not substitute for a DMCA notification unless the communication independently satisfies the applicable statutory requirements and is delivered to Vport's Designated Copyright Agent.

14. Material Outside Vport's Control

Vport can remove or disable access only to material or activity that Vport controls or can technically restrict through its Services.

If material appears exclusively on an independent third-party website, application, platform, or service that Vport does not control, the copyright owner generally must direct the request to the operator or designated agent of that service.

15. Privacy and Recordkeeping

Vport processes DMCA notices, counter-notifications, related correspondence, enforcement records, and repeat-infringer records in accordance with the Vport Privacy Policy.

Vport may retain information where reasonably necessary to:

• process notices and counter-notifications;
• administer the repeat-infringer policy;
• prevent circumvention of enforcement;
• resolve claims, appeals, or disputes;
• comply with legal process, preservation duties, or applicable law; or
• establish, exercise, or defend legal rights.

A person considering a counter-notification should review Section 6 because the DMCA requires Vport to transmit a valid counter-notification to the original complaining party.

16. Changes and Designated-Agent Currency

Vport may update this Policy to reflect changes in law, Copyright Office requirements, Vport's Services, or Vport's operational procedures.

Vport will maintain the currency and accuracy of the service-provider and designated-agent information required by applicable law and will timely update that information on Vport's public service and with the U.S. Copyright Office when it changes.

Because this Policy forms part of the Terms, material changes to this Policy are handled as provided in Section 21 of the Terms.

17. Contact Summary

DMCA Notices and Counter-Notifications

Jonathan Bailey CopyByte 3157 Gentilly Blvd, Suite #2254 New Orleans, LA 70122, USA Phone: +1 (504) 356-4555 Email: vport-dmca@copybyte.com

Other Legal Matters

legal@thevport.com

Content and Safety Reports

support@thevport.com