Copyright and takedown requests
This page is a translation of the Spanish original. If they differ, the Spanish version prevails. Read the Spanish version
1. The role of Vortex regarding the Clients’ content
Vortex provides its Clients with a technical platform. It does not select, buy or license content. The video files are on servers that the Client owns or rents. Vortex stores the catalog information the Client records (titles, images and links) and, at the Client’s instruction, carries out uploads, copies and audio conversions on the Client’s servers, without selecting, editing or reviewing the content. All the material transmitted through the Vortex infrastructure is selected, provided and managed by the Client, under its sole responsibility.
Consequently, Vortex is not liable for potential copyright infringements or other illegalities in the content transmitted by the Clients, as long as it has no actual knowledge of them and acts diligently when notified. This procedure follows Costa Rica’s Regulation on the limitation of liability of service providers for infringements of copyright and related rights (Executive Decree 36880-COMEX-JP) and is compatible with the notice-and-takedown procedures of Mexico, Peru and the United States.
It is important to stress that any legal obligation regarding the content lies with the Client. If the Client transmits copyrighted works, the Client is responsible for holding the necessary licenses or authorizations from the rights holders. If the Client distributes content that infringes copyright or other rights (trademarks, image rights, etc.), the Client, and not Vortex, is the infringer towards the affected rights holder. Vortex expects and contractually requires all its Clients to respect intellectual property laws: by accepting the Terms, the Client declares that it will not use the Service to infringe the rights of others.
2. Representative for copyright notices
Vortex publicly designates its representative to receive notices of infringement:
- Role: Vortex Copyright Officer
- Email: soportevortextv@gmail.com
- Phone and WhatsApp: +506 8346 1166
3. Copyright policy for Clients
Every Vortex Client must guarantee that the content it transmits through the platform does not infringe third-party copyright. If a Client receives a direct claim from a rights holder about material distributed through Vortex, it must notify Vortex immediately and take the necessary measures (for example, removing the disputed content) to resolve the infringement.
Repeat infringers: we terminate the contract of a Client that accumulates 3 valid unresolved notices in 12 months, and immediately if it offers channels or catalogs clearly without a license, under the Terms and conditions and the Acceptable use policy. A Client terminated for this reason cannot contract again without express approval. The count is not reset if the Client is reactivated.
Vortex may voluntarily implement technical tools to help prevent infringements. Adopting such measures does not mean that Vortex assumes an obligation to control; they are facilities we may offer to encourage compliance, but the ultimate responsibility remains with the Client.
4. How to send a notice
- Who may send it: the holder of the allegedly infringed copyright or an authorized representative (for example, a collecting society or an attorney with power of representation). Vortex may ask for proof of ownership or a power of representation before proceeding.
- How to send it: in writing, to the representative in section 2, with the subject «Copyright notice». On WhatsApp we can guide you, but the formal notice must arrive in writing.
- Languages: we accept notices in Spanish, English or Portuguese.
5. What the notice must include
A valid notice must:
- Identify the work and the right affected, who holds it and how it is infringed.
- Identify the reported material and where it is: the name of the app or brand, the channel or title, and the date and time if it is a live channel.
- Give the claimant’s contact details and an address for notices in Costa Rica or, if the claimant is outside Costa Rica, an email address for notices.
- Include the details that allow us to identify the Client offering the material.
- State under oath that the information is true and that the use is not authorized by the rights holder, its representative or the law.
- Be signed by the rights holder or its representative, with a handwritten or digital signature.
6. Deadlines and what we do
- We acknowledge receipt of the notice within 2 business days.
- If the notice is complete, we forward it to the Client the same business day, with a copy or summary (with the claimant’s information, the works concerned and the date).
- The Client has 2 business days to remove the material or answer; 24 hours if it is a live channel.
- If the Client does not answer, we disable the material.
- If the Client answers with proof of its license, we send the answer to the claimant.
- If the material was disabled and the Client filed a valid answer, we restore it after 15 business days, unless the claimant tells us it has filed a lawsuit.
Depending on how serious the claim is, Vortex may preventively disable the reported material (for example, temporarily blocking the channel or program) to avoid greater harm, while trying to affect the Client’s service as little as possible. If the matter reaches the courts, Vortex will comply with the orders a court addresses to it.
In short, Vortex follows a «notice and takedown» scheme: upon a valid notice, we may remove or block access to the content to comply with the law, but we give the Client the chance to defend its position if it believes there is no infringement. Our aim is not to judge the merits, but to avoid liability and encourage the parties (rights holder and Client) to settle their dispute directly or in court.
7. The Client’s answer (counter-notice)
If you are the Client or the person who published the content and you believe it was removed by mistake, or that you are authorized to show it (for example, because you hold a license agreement, or under fair use or another legal exception), you can send an answer to the representative in section 2 with:
- The content removed and where it was.
- Your contact details.
- A good-faith statement that the content was removed by mistake or misidentification, with the information and evidence that support it (for example, a copy of the license agreement).
- Your signature, handwritten or digital.
Vortex assesses the answer and sends it to the claimant. Vortex does not act as the final judge, but must assess whether there is a basis to restore the content. The restoration deadlines are those in section 6.
8. Incomplete or abusive notices
If a notice lacks the necessary details, we will ask the claimant to complete it. We do not remove content over commercial disagreements without signs of infringement. Whoever files a false notice may be liable for the damage it causes. If you are not sure that a use infringes your rights, consult a lawyer before sending the notice.
9. Measures after confirmed claims
If a copyright claim turns out to be valid and the Client does not file a valid answer, Vortex will diligently help stop the infringement. The specific measures may include:
- Blocking or removing specific content: for example, disabling the infringing channel or program within the Client’s service. Technically and operationally, this could mean removing the content’s source URL from our database, revoking access keys or similar.
- Suspension of the Client’s account: if the claim involves a serious infringement or there is a risk of repetition, we may temporarily suspend the Client’s entire Service while making sure the infringing content has been removed and will not reappear.
- Termination of the account: under the repeat infringer rule in section 3.
Any action taken will be communicated to the Client. Our primary goal is to stop the infringement and comply with the law. So, if the Client cooperates and removes the objected content, there will usually be no further consequences with Vortex (except, perhaps, a recorded formal warning). Persistent non-compliance, on the other hand, carries more severe sanctions.
It is important to note that Vortex does not make determinations on the final legality of the content. If the Client believes it holds the rights and the claimant insists, they must resolve it between themselves. Vortex only seeks not to be used as a vehicle for manifest infringement nor to incur liability for failing to act after clear notices.
Records: we keep a record of every notice, answer and measure taken for 5 years.
11. General legal notice
Nothing in this Copyright and takedown policy limits the rights and defenses available to the Client under the applicable law (for example, exceptions or limitations to copyright, or the right to freedom of expression, where applicable). Nor does it create obligations for Vortex beyond those provided by the laws of its jurisdiction. This policy seeks to clarify, internally and towards our Clients and third parties, how we handle these matters in line with those laws.
Conclusion: Vortex has no editorial control over, and does not review in advance, the content its Clients transmit and, therefore, is not liable for any infringements they commit. We will handle copyright claims formally and legally and, once the unlawfulness is confirmed, we will act to block the infringing content, protecting both the rights holders and our platform.
For clarity, Vortex reiterates that it does not provide legal advice to the Client or to its end users; any legal question about the content must be raised by the Client with its own advisers. Vortex acts in good faith to facilitate compliance with the law, but provides no guarantees or legal advice on the lawfulness of the Clients’ content. For questions about this policy, write to us at soportevortextv@gmail.com.