Thank you for visiting the Flex Marketing Group, LLC Website located at www.flexmg.com (the “Website”). The Website is an Internet property of Flex Marketing Group, LLC (“FLEX,” “We,” or “Us”). FLEX respects others intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that FLEX directly or indirectly makes available on the Website and we require all our users to do the same.
It is the policy of FLEX to respond to allegations of copyright violations in accordance with the full requirements of the Digital Millennium Copyright Act of 1998 (the “DMCA) and all other applicable intellectual property laws. The DMCA provides, in part, a process for a copyright owner to give notification to an online service provider concerning any alleged copyright infringement. Accordingly, if any website content (collectively, the “Material) featured throughout the website violates a valid copyright, FLEX may remove or disable access to such Material upon receipt of a valid, complete DMCA complaint (a written notification called an “Infringement Takedown Notice). Please be advised that if we remove or disable access in response to such an Infringement Takedown Notice, we will make a good-faith attempt to contact the owner or administrator of the affected Material so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all Infringement Takedown Notices of alleged infringement on which we act.
Please refer to the following detailed instructions which must be followed to protect your rights under the DMCA.
Filing an Infringement Takedown Notice
To properly file an Infringement Takedown Notice with FLEX, you must provide a written notification. This can be done either by e-mail or written letter (regular U.S. mail or courier) to our DMCA Agent at:
FLEX Media Group
Attn: DMCA Agent c/o Legal Department
1841 Broadway, Suite 600
New York, NY 10023
Please include the following information in your Infringement Takedown Notice:
1. Identification of the Material(s) claimed to have been infringed upon and a statement of ownership of such Material(s);
2. Identification of the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
4. A statement that you have a good faith belief that use of the Material in the manner complained of is not authorized by the copyright owner, its agent or the law. (Please note that you must include the following statement: “I have good faith belief that the use of the copyrighted Materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law.);
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (Please note that you must include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.);
6. Your physical or electronic signature (i.e., “/s/ [print name]); and
7. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing Material. You may also provide screenshots or other resources that may be helpful in identifying the Material(s) at issue. (For example, “The copyrighted material that we believe has been infringed upon is the image of a man featured on http://www.FLEXmg.com/xxxx.html”).
IMPORTANT: Do not send any inquiries that are unrelated to infringement of copyrights (e.g., requests for technical assistance or customer support services, etc.) to the address set forth above. You will not receive a response to any written communications that are unrelated to the legal matters set forth herein.
Please be advised that the DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim or materially misrepresent that Materials infringe your copyright. Accordingly, if you are not sure whether your content is protected by copyright laws, we suggest that you first contact an attorney.
Filing a DMCA Counter-Notification
Pursuant to Section(s) 512(g)(2) and (3) of the DMCA, either the administrator of an affected (subject) website or the provider of affected (subject) Material may file a DMCA Counter-Notification.
Therefore, if your content has been taken down as a result of an Infringement Takedown Notice by a purported copyright owner that such partys copyrights are infringed by your content, you may respond by sending us a written DMCA Counter-Notification. This can be done either by e-mail or written letter (regular U.S. mail or courier) to our DMCA Agent at:
Attn: DMCA Agent c/o Legal Department
1841 Broadway, Suite 600
New York, NY 10023
Please include the following information in your DMCA Counter-Notification:
1. List the Material(s) removed by the FLEX administrators, and the location at which the Material(s) appeared before it was removed. (Please be as detailed as possible.);
2. Provide your name, postal address, telephone number and e-mail address (if available);
3. A statement that you knowingly consent to the jurisdiction of the U.S. Federal District Court for the judicial district of New York, New York;
4. A statement that you will accept service of process from the person who provided the Infringement Takedown Notice to us of the alleged infringement of an agent of such person;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (Please note that you must include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the Material identified above was removed or disabled as a result of a mistake or misidentification of the Material to be removed or disabled.); and
6. Your physical or electronic signature (i.e., “/s/ [print name].
Repeat Infringer Policy
Please be advised that if you are the subject of two (2) or more valid and complete Infringement Takedown Notifications that you do not satisfactorily rebut with valid DMCA Counter-Notifications (a “Repeat Infringer), in addition to any other available rights and remedies, FLEX reserves the right to terminate your account(s), without penalty or liability to FLEX. Additionally, please note that FLEX may exercise all other rights and remedies available to it against any such Repeat Infringers. If you believe that an account holder or subscriber is a Repeat Infringer, please follow the instructions above and contact our DMCA Agent by e-mail at email@example.com. Please make sure provide sufficient information for us to verify that the party is a Repeat Infringer.
Please be advised that nothing contained herein shall restrict FLEXs ability or right to remove or disable access to any Material which FLEX independently discovers and which, in FLEXs sole discretion, violates or infringes any right of any third party, including, without limitation, any IP Right.
This DMCA Policy is part of, and incorporated within, the FLEX Performance-Based Ad Network Agreement. As a condition of registering with FLEX and using any FLEX Services, you expressly acknowledge that you have read and understood this DMCA Policy and you have agreed to be bound by the terms and conditions contained herein. If at any time you disagree with this DMCA Policy or any part of it, your sole remedy is to cease all use of the FLEX Services and terminate your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of this DMCA Policy.
Details of the DMCA are available at US Copyright Office Web Site: www.copyright.gov