This Copyright/DMCA Policy (this "Policy") is issued by Politix Inc. d/b/a Povi ("Company," "Povi," "we," "us") and applies to https://povi.tv and its subdomains, our mobile-optimized websites, and our mobile applications (together, the "Website," "Site," or "Platform"). This Policy is part of, and incorporated by reference into, our Terms of Use. Capitalized terms used but not defined in this Policy have the meanings given in the Terms of Use.
IMPORTANT: SUBMITTING A DMCA NOTICE OR COUNTER-NOTICE IS A FORMAL LEGAL PROCESS WITH LEGAL CONSEQUENCES, INCLUDING POTENTIAL LIABILITY FOR MISREPRESENTATIONS UNDER 17 U.S.C. § 512(f). THIS POLICY DESCRIBES OUR PROCEDURES AND IS NOT LEGAL ADVICE. IF YOU ARE UNSURE OF YOUR RIGHTS, PLEASE CONSULT AN ATTORNEY.
Povi respects the intellectual property rights of others and expects everyone who uses the Platform to do the same. It is our policy, in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"), and other applicable law, to respond expeditiously to claims of copyright infringement, to remove or disable access to material claimed to be infringing, and to terminate, in appropriate circumstances, the accounts of Users who are repeat infringers. This Policy explains how copyright owners can report claimed infringement on the Platform, how affected Users can respond, and how our copyright strike and repeat-infringer system works.
This Policy governs copyright-related notices, counter-notices, copyright strikes, and repeat-infringer consequences on the Platform. It works alongside our other documents as follows:
Our handling of notices and counter-notices is administrative only. Povi does not adjudicate infringement or ownership disputes, and processing a notice or counter-notice does not make Povi a party to any dispute between a claimant and a User. We may also remove or restrict content that violates the Terms of Use or Community Guidelines independent of any copyright notice.
If you are a copyright owner (or an agent authorized to act on a copyright owner's behalf) and you believe material on the Platform infringes your copyright, you may submit a written notification to our Designated Copyright Agent identified in Section 4. To be effective under the DMCA, your notice must include substantially all of the following (see 17 U.S.C. § 512(c)(3)):
Before you submit: courts require that you consider whether the use is permitted by law, including the fair use doctrine (17 U.S.C. § 107), before submitting a takedown notice. Much of the content on Povi consists of news reporting, commentary, criticism, analysis, and reaction to publicly available material, uses that the law often permits. See Sections 9 and 10. Notices that do not substantially comply with the requirements above may not be acted upon, although we may contact you to help cure deficiencies.
| In plain English: If someone is using your work on Povi without permission, send our Copyright Agent a complete notice and we will act quickly. Make sure it is complete and honest; false claims carry real legal risk. And think about fair use first: reaction, commentary, and criticism are often lawful. |
Our Designated Copyright Agent for notices of claimed infringement (registered with the U.S. Copyright Office's DMCA Designated Agent Directory) is:
| Copyright Agent Politix Inc. 255 Giralda Ave, Floor 5 Coral Gables, FL 33134 Email: copyright@povi.tv Telephone: 954-465-3228 |
Email is the fastest way to reach the Copyright Agent. Please use the subject line "DMCA Takedown Notice" or "DMCA Counter-Notice," as applicable. The Copyright Agent handles intellectual-property matters only; all other complaints, removal requests, and support inquiries should be directed to Hello@Povi.tv or the channels described in Section 56 of the Terms of Use and may not receive a response if sent to the Copyright Agent.
Upon receipt of a notice that complies or substantially complies with the DMCA, we will act expeditiously to remove or disable access to the material identified, which may include ending an in-progress livestream, or removing or disabling access to a recording, video, or clip (or a portion of it) and any reference or link to it.
We will then take reasonable steps to promptly notify the affected User, provide them with a copy or the substance of the notice (which may include the claimant's identification of the work and contact information), inform them of the associated Copyright Notice (Section 8), and explain their right to submit a counter-notice (Section 6). Removal of material in response to a notice is an administrative step required for the DMCA process and is not a determination by Povi that the material is in fact infringing.
Live content. Live streams are subject to this Policy. Because live content is transmitted in real time, the most effective response to a valid claim is often to interrupt or end the stream, and we may also disable or remove any recording, replay, clip, derivative, or cached copy of it within our control. You may report apparent infringement occurring in a live stream through the reporting tools described in Section 56 of the Terms of Use, and we may use manual review and automated detection measures to identify infringing live content. Nothing in this Policy limits the safe-harbor protections or other defenses available to Povi with respect to live or stored content under applicable law.
If material you posted was removed or disabled under this Policy and you have a good-faith belief that the removal was the result of mistake or misidentification (for example, you created the material, you are licensed to use it, the material is in the public domain, or your use is a fair use), you may submit a written counter-notice to our Designated Copyright Agent. To be effective under the DMCA, your counter-notice must include substantially all of the following (see 17 U.S.C. § 512(g)(3)):
When to file. You may submit a counter-notice at any time. If we receive an effective counter-notice within ten (10) business days after we notify you of the Copyright Notice, the Copyright Notice will not become a Copyright Strike (see Section 8). If you submit an effective counter-notice later, including after a Copyright Strike has already issued, we will still process it, and if the material is restored through the process below, we will clear the associated Copyright Strike.
What happens next: we will promptly provide the person who submitted the original takedown notice with a copy of your counter-notice. Unless that person notifies our Copyright Agent within ten (10) business days that they have filed a court action seeking to restrain you from engaging in infringing activity relating to the material, we will restore the removed material, or cease disabling access to it, no sooner than ten (10) and no later than fourteen (14) business days after receiving your counter-notice, except that we may continue to remove or restrict material that independently violates the Terms of Use, the Community Guidelines, a court order, or applicable law. For purposes of this Policy, "business days" means Monday through Friday, excluding U.S. federal holidays.
PLEASE NOTE: IF YOU FILE A COUNTER-NOTICE, THE LAW REQUIRES THAT YOUR NAME AND CONTACT INFORMATION BE PROVIDED TO THE CLAIMANT. Outside the DMCA process, we do not disclose your identity to rights claimants absent valid legal process, as described in our Privacy Policy. Submitting a counter-notice is the only way to have content restored under this Policy, and copyright removals are not subject to the review-panel appeal process described in the Community Guidelines. The consent to federal-court jurisdiction described above runs between you and the person who submitted the notice; it does not alter the provisions that govern disputes between you and Povi under the Terms of Use, including its dispute-resolution provisions.
| In plain English: If your content was taken down and you believe that was a mistake or you had the rights, you can push back with a counter-notice. You've got 10 business days to file this before a Copyright Notice becomes a Copyright Strike, but a successful counter-notice clears a Copyright Strike even after that. Two things to know: your name and contact information go to the person who complained, and unless they file a lawsuit within about two weeks, your content goes back up (unless it independently breaks another rule). |
A claimant may withdraw a takedown notice by sending a written retraction to our Copyright Agent that identifies the original notice and the affected material. Upon receipt of a valid retraction, or upon receiving evidence satisfactory to us that the parties have resolved the dispute (such as a written license or settlement covering the material), we may restore the material, and the associated Copyright Strike will be removed, except that we may continue to remove or restrict material that independently violates the Terms of Use, the Community Guidelines, a court order, or applicable law.
We maintain a repeat-infringer policy consistent with the DMCA and Section 19 of the Terms of Use. It works as follows:
This three-strike threshold is a floor, not a ceiling. We retain records of all Copyright Strikes (including Strikes that have expired or been removed) and, as described in our Privacy Policy, we keep those records so that our repeat-infringer policy can function. Independent of the three-strike threshold, and regardless of the 60-day period or whether any individual Strike remains active, we may terminate the accounts of Users who are repeat infringers in appropriate circumstances, consistent with 17 U.S.C. § 512(i) and the Terms of Use. We also reserve the right to take immediate action (including removal, restriction, suspension, or termination before three Copyright Strikes are reached) for flagrant or serious infringement, such as accounts dedicated to infringing content, pre-release piracy, or circumvention of prior enforcement. The consequences of account termination are described in the Terms of Use, and any effect on Creator content rights, earnings, or payouts is governed by the applicable Creator Agreement. Our failure to enforce this Policy in any particular instance does not waive our right to enforce it in any other instance.
| In plain English: When we remove content over a copyright complaint, we place a copyright notice on your channel. It becomes a copyright strike unless you file a counter-notice and the content goes back up. A strike stays on your channel for 60 days; three strikes within a 60-day window and your account is permanently terminated. Strikes stop counting after 60 days, but we keep a record of every one, and we can still remove repeat infringers even if they never hit three at once. That record-keeping is how a repeat-infringer policy is required to work. |
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents (i) that material or activity is infringing, or (ii) that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, the copyright owner or its licensee, or by Povi.
Do not use this process to target lawful commentary, criticism, reporting, or reaction content, to silence speech you disagree with, or to harass other Users. We reserve the right to disregard notices or counter-notices that are incomplete, duplicative, submitted in bad faith, or abusive; to restrict or refuse future submissions from senders with a history of abusive claims; and to treat abuse of this process as a violation of the Terms of Use, with the enforcement consequences described there. The use of automated tools to generate submissions is not itself prohibited; submitting notices or counter-notices that are non-compliant, false, or made in bad faith is.
Not every unauthorized use of a copyrighted work is infringement. The fair use doctrine (17 U.S.C. § 107) permits certain uses for purposes such as criticism, comment, news reporting, teaching, scholarship, or research, weighing factors that include the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the work. A significant amount of content on Povi (including political commentary, analysis, and reaction to public speeches, broadcasts, and posts) may qualify. Fair use is fact-specific, and nothing in this Policy is a determination or guarantee that any particular use is or is not fair use. Claimants must consider fair use before submitting a notice; Users should consider their basis for a counter-notice carefully, and may wish to consult an attorney.
The DMCA process described in this Policy applies to copyright claims only. If you believe content on the Platform infringes your trademark or other non-copyright intellectual property rights, you may contact our Copyright Agent with the subject line " Trademark Complaint" (or as applicable), including identification of your rights (such as registration numbers), the allegedly infringing material and its URL, and the statements of good faith and accuracy described in Section 3. Trademark and other non-copyright complaints are reviewed under separate Company procedures, not under the DMCA, and the copyright strike and counter-notice processes described in this Policy do not apply to them. Complaints about privacy, publicity rights, defamation, or other non-IP matters should be submitted through the channels described in Section 56 of the Terms of Use.
It is our policy to accommodate, and not interfere with, standard technical measures used by copyright owners to identify or protect copyrighted works, as defined in 17 U.S.C. § 512(i), to the extent such measures exist and are applicable to the Platform.
We may revise this Policy from time to time. The "Last Modified" date above reflects the most recent version, and changes are effective when posted. For material changes, we will provide notice as described in the Terms of Use. Your continued use of the Platform after changes become effective constitutes acceptance of the revised Policy. For Creators, updates to this Policy do not modify protected terms of a Creator Agreement, as described there.
Copyright takedown notices, counter-notices, and retractions: Copyright Agent, copyright@povi.tv, or by mail to the address in Section 4.
All other questions about this Policy: Politix Inc. d/b/a Povi, 255 Giralda Ave, Floor 5, Coral Gables, FL 33134, Email: Hello@Povi.tv.