Last updated: 4-28-2014 09:30am PST
Folloze respects the intellectual property rights of others and expects users of its Services (as defined in our Terms of Service ) to do the same. Folloze is a “service provider” under the Digital Millennium Copyright Act (“DMCA”), section 512 of the U.S. Copyright Act, and abides by the Act’s procedures for responding to notifications regarding material appearing through Folloze’s Services that is claimed to infringe a copyright of the rightful owner. Our designated Copyright Agent to receive notifications regarding claimed infringement is:
P.O. Box 50965
Palo Alto, CA, 94303, USA
Please be aware that the law assesses damages, including attorneys’ fees, to anyone who knowingly makes a material misrepresentation in sending a notification or counter notification of infringement.
If you believe that unauthorized copyrighted material appears through our Services, and you are the copyright owner or the authorized representative of the copyright owner of such material, please send to our Copyright Agent listed above a written notification, in accordance with the DMCA, that includes all of the following information:
1. Your full legal name, physical address, e-mail address and telephone number;
2. A specific description of the material you claim to be infringing (or to be the subject to infringing activity) and that you desire to be removed or access to which to be disabled and information reasonably sufficient to permit Folloze to locate the material such as the Internet location, reference or a link;
3. Sufficient information to identify the copyrighted works that you claim have been infringed, or, if multiple copyrighted works at a single online site are covered by your single notification, a representative list of the copyrighted works at that site that you claim have been infringed;
4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information included in your notification is accurate;
6. A statement, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed; and
7. Your physical or electronic signature.
Upon Folloze’s receipt of a complete and valid notice of claimed infringement, or in other circumstances provided for by law, Folloze will expeditiously remove or disable access to such allegedly infringing material, and will make good-faith attempts to notify the user(s) responsible for the allegedly infringing material or activity of Folloze’s actions. [ Folloze’s notice to such individual(s) will include a Folloze DMCA Tracking Number.]
If you believe that Folloze has improperly removed or disabled access to your material on Folloze’s Services, please send to our Copyright Agent listed above a written counter notification that includes all of the following information:
1. Your full legal name, physical address, email address and telephone number;
2. The Folloze DMCA Tracking Number that appeared in Folloze’s notice to you that Folloze removed or disabled access to your material;
3. 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 disabled;
4. A statement, under penalty of perjury, that you have 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;
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Folloze may be found, and that you will accept service of process from the person who provided the original notification above or an agent of such person; and
6. Your physical or electronic signature.
Upon Folloze’s receipt of a complete and valid counter notification, Folloze will promptly notify the original complaining party of the counter notification, provide that party with a copy of the counter notification, and inform that party that Folloze will replace the removed material or cease disabling access to it in 10 business days. Unless Folloze’s Copyright Agent first receives notice from the original complaining party that such party has filed an action seeking a court to restrain the individual(s) who originally posted the allegedly infringing materials to Folloze’s Services, Folloze may replace the removed material or cease disabling access to it within 10-14 business days after Folloze’s receipt of the counter notification.
Folloze reserves the right without liability and in its sole discretion to terminate or suspend any user’s account for which Folloze repeatedly removes or disables access to material according the procedures described above (i.e., “repeat infringers”). Folloze may also without liability and at its sole discretion limit access, terminate or suspend any user’s account for users who infringe any intellectual property rights of others, whether or not such users are repeat infringers.
For more information about the DMCA in general, please see the U.S. Copyright Office’s explanation available at http://www.copyright.gov/legislation/dmca.pdf. For more information about the “Notice and Takedown” procedures summarized above, please see Section 512 of the U.S. Copyright Act available at http://www.copyright.gov/title17/92chap5.html#512. It is your sole responsibility to ensure that any notification or counter notification you submit to Folloze regarding claimed infringement complies with all requirements under the law, and Folloze reserves the right not to respond to or act upon faulty notifications or counter notifications.