Notices of alleged illegal content
ChampionsTV is an Internet Service Provider offering a platform which merely displays links to audiovisual content located on servers of third parties and provided and/or transmitted by third parties. ChampionsTV does not host nor transmit any audiovisual content itself and does not control nor influence such content. ChampionsTV cannot accept any liability for the content transmitted by others. Any responsibility for this content lies with those who host or transmit it.
Of course ChampionsTV is concerned about allegations that illegal content is made available on the websites to which hyperlinks on its website direct. Although ChampionsTV cannot actively monitor the content which is transmitted via third party websites, it is willing to take action in removing links to illegal content upon obtaining proper notice thereof. ChampionsTV will remove links to illegal content from its website expeditiously, however, it cannot prevent that links are replaced by visitors of its website. In order to prevent that a link is replaced again after being removed by ChampionsTV, ChampionsTV advises you to contact the owner of the website where the content origins from.
If you have discovered or will discover in the future any links to illegal content a notice can be submitted by e-mail here. The notice must contain at least the following points of information:
• Identity of the content that you claim to be illegal and the grounds for the illegality. Examples of illegal content are, without limitation: offensive, slanderous or abusive language, unlawful publications, infringement of privacy or moral rights, misleading or unlawful advertising, infringement of intellectual property rights, transmission of trade secrets, know how or otherwise secret information, sexual or child abusive information or otherwise illegal information;
• Identification of the location of the content that you claim to be illegal, including at the minimum the exact URL of the webpage, the date and time you have identified the alleged illegal content and a screenshot of the webpage, displaying the alleged illegal content;
• Identification of the location of the link to the content that you claim to be illegal, including at the minimum the exact URL of the webpage on which the link is displayed and the date and time you have identified the link to the alleged illegal content;
• Your street or mailing address, telephone number, and e-mail address; and
• A statement in which you declare:
1. that you have a good faith belief that the disputed use of the content is not authorized by the owner or its agent;
2. that the disputed use is not permitted by law, e.g. under the Spanish Copyright Act (e.g. is not exempted as a limitation on copyright);
3. that you have summoned the owner of the website that allegedly hosts, provides or transmits the illegal content to cease his or her illegal activity or, if not possible, why you were unable to contact said owner directly;
4. that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of a right that is allegedly infringed or otherwise abused;
5. that you indemnify ChampionsTV, all its affiliates and its and their respective officers, directors, employees, agents and successors from any and all claims, losses, costs and expenses (including reasonable attorneys’ fees), damages, penalties and liabilities incurred by ChampionsTV as a result of the notice; and
6. that you agree that the notice as well as all disputes arising out of or in connection to it shall be governed by the laws of Spain and that any dispute shall be finally and exclusively resolved before the competent court at Madrid, Spain.
Upon receipt of a notice which complies with the notice procedures set forth above, ChampionsTV will promptly remove the identified link from its website.
We at ChampionsTV have worked hard to establish procedures that ensure compliance with the laws of Spain and that generate a prompt and accurate response to all complaints that we may receive. In order to speed any complaint along as quickly as possible, please make sure that you comply with all the notice procedures set forth above.
Madrid, November 2011