Copyright Policy | Daystream

This Copyright Policy is included in the Terms of Use ("Terms") that govern your access to and use of all aspects of the daystream.com website ("The Website") and all original content appearing on The Website, including text, graphics, files, images, photos and other information and/or materials appearing anywhere on The Website and all website-supporting services (collectively referred to as "The Content"). The Website is owned, developed, and operated by Virtual40 LLC ("Virtual40").

The Content includes works of Virtual40 and other creators that are protected by copyright law. The Terms of Use govern your access to and use of all aspects of The Website and The Content. Your access to and use of The Website and The Content does not confer any rights in The Content, including any and all works protected by copyright law, beyond the license specified in the Terms of Use.

Digital Millenium Copyright Act (DMCA)

Notification of Copyright Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on The Website, please provide the following information to our designated copyright agent as set forth below and in accordance with the Digital Millennium Copyright Act of 1998 (DMCA):

a physical or electronic signature of a person authorized to act on behalf of the copyright owner
identification of the copyrighted work claimed to have been infringed
dentification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed
information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address
a statement that the complaining party "in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law"
a statement that the "information in the notification is accurate", and "under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"

Designated Copyright Agent

The Designated Copyright Agent for The Website and The Content is:

Virtual40 LLC
P.O. Box 169
Perrysburg, OH
copyright@daystream.com

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRTUAL40 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR THE CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE WEBSITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VIRTUAL40 EXCEED THE GREATER OF A) ONE HUNDRED U.S. DOLLARS (U.S. $100.00) AND B) THE TOTAL OF MONIES PAID TO VIRTUAL40 LLC DURING A RELEVANT PERIOD OF TIME BY A RELEVANT USER FOR ACCESS TO THE WEBSITE AND THE CONTENT.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT Virtual40 HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.