NightCloud takes copyright violation very seriously and is committed to protecting the rights of copyright owners. NightCloud users are bound by this Copyright Infringement Policy as well as by law to respect authors’ rights. Users may not copy, adapt, distribute, or publicly display or perform works of original authorship without the authorization of the respective rights holders.
NightCloud has a Zero Tolerance Policy with copyright infringement and will take immediate action to stop and prevent further copyright infringement upon acquiring knowledge of a copyright violation. Account involved in copyright violations will be terminated and no refund will be issued for the remaining term of the paid network services.
Notice to Owners of Copyrighted Works.
If you are the copyright owner of content which appears on NightCloud website and you did not authorize the use of the content, you must notify NightCloud in writing in order for us to identify the allegedly infringing content and take action.
To be effective, a notice must contain substantially the following information:
- the signature of the copyright owner or an authorized agent;
- identification of the copyrighted work claimed to have been infringed, or, if multiple works are on a single site, a representative list of such works;
- identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit NightCloud to locate the material (or the reference or link);
- contact information for the copyright owner or authorized agent;
- a statement that the person sending the notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notice is accurate, and under penalty of perjury, that the person sending the notice is authorized to act on behalf of the copyright owner.
If you are a copyright holder, you should submit a written notice to the NightCloud’s Designated Agent via electronic mail to:
Email Address: support@nightcloudapp.com
Agent Name: POKEFILE PTE. LTD.
Please note that failure to describe the particulars of your copyright infringement means that the notification will not be considered in determining the requisite level of knowledge by NightCloud. If, upon receiving an improper notification, NightCloud shall have the right to, at its sole discretion, ignore or ask you for additional information.
Please also note that any person who knowingly materially misrepresents information in the copyright infringement notification may be subjected to liability, including compensatory damages for all parties harmed by reliance on the misrepresentation.
Allow one business day for us to respond to your notice and take necessary actions. To ensure proper consideration of your notice, please make sure that you provide all the information outlined in the notification requirements above.
Counter-notification
NightCloud respects the legitimate interests of copyright owners as well as users. Users are afforded an opportunity to respond to claims of infringement and to obtaining timely restoration of removed material or the user’s access to the website in case of sufficient proof of legitimate use of the removed material.
Users may respond to a copyright infringement claim by submitting a counter-notification. To be effective, a counter-notice must contain substantially the following information:
- a physical or electronic signature of the user;
- 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;
- a statement under penalty of perjury that the user 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;
- the user’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the take-down notification or an agent of such person.
Counter-notification should be submitted to NightCloud’s Designated Agent provided in the section above. Following receipt of a compliant counter-notice, NightCloud will restore access to the material after no less than 10 and no more than 14 business days, unless the original notice sender informs NightCloud that it has filed a court action against the user.
Repeat Infringer Termination Policy
Pursuant to the NightCloud User Agreement, user should ensure that the content complies with intellectual property laws and regulations when distributing content via the internet. Users are responsible for assuring that they have proper authorization to use copyrighted content. Upon receipt of a valid notice that a user’s account contains infringing material, NightCloud will immediately disable all access to the material, including the user’s access. We will notify the user via email of the actions taken by NightCloud in response to the take-down notice and will inform him that one instance of violation has been put on record for that account.
If there are two or more instances of violation on an account, meaning there have been two or more successful copyright complaints against the account, we will take action against the account and the user will be notified. Once we take action against an account, the user may be prevented or restricted from accessing NightCloud’s services.