DMCA TAKEDOWN POLICY

DMCA TAKEDOWN POLICY

 

Follow My Fitness, LLC ("FMF") is committed to removing infringing content found on other websites. If you would like assistance in removing content that infringes on the Digital Millennium Copyright Act (DMCA) please email support@followmyfitness.com.

Follow My Fitness DMCA Notice

Follow My Fitness follows a strict procedure for removing infringing content found on other websites. Followmyfitness.com is considered a “Service Provider” in the 17 U.S. Code § 512 section of the DMCA.

 

Procedure to Report Infringing Content

 

While on the platform we make it simple for users to report content they believe is stolen or copied. In order to report a post please do the following:

 

      I.        After logging in to your Follow My Fitness account locate the content that you believe should be taken down.

    II.        Click the “Flag” icon on the upper right-end of the post.

   III.        Fill out the text box with the following details to help us better understand why you believe the content should be taken down:

a.    Legal Name

b.    Thorough description of the intellectual property that is being infringed

c.    The URL of the infringing content’s location

d.    Your address, telephone number, and email address

e.    Why you believe the content is infringing

f.      Statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

g.    Statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

h.    Click “Submit”

 

OR

 

Email the information in (a.-g.) to admin@followmyfitness.com

 

Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed. 

Further information regarding notification and takedown requirements can be found in the DMCA, here: http://www.law.cornell.edu/uscode/text/17/512 

These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim.  We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure.  Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice to our Designated Agent.

 

Take Down Process

The Site implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement.  The Site reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The Site’s DMCA Notice Procedures are set forth in the preceding paragraph. If the Notice does not comply with §512 of the DMCA but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. When the Designated Agent receives a valid Notice, the Site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within nine to thirteen days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.  

 

DMCA Counter-Notification Procedure

 

If the Recipient of a Notice of Claimed Infringement believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) & (3) of the DMCA.  A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice.  The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against the Site relating to the actions taken in response to the counter-notification.

 

To submit a counter-notification, please provide Our Designated Copyright agent the following information:

 

(a)     a specific description of the material that was removed or disabled pursuant to the Notice;

(b)     a description of where the material was located within the Site or the content (as defined within the Site’s Terms & Conditions or User Agreement) before such material was removed and/or disabled (preferably including specific url’s associated with the material);

(c)     a statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously.  For convenience, the following format may be used:

“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”

(d)     the Recipient's physical address, telephone number, and email address; and, 

(e)     a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent. 

 

Written notification containing the above information must be signed and sent to:

 

Zachary Baker

6030 Hardwick Drive

Colorado Springs, CO 80906

zac@followmyfitness.com

 

After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content.

Thereafter, within nine to thirteen days of the recipients receipt of a counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the Site’s system or network.  

Please note all DMCA notices and counter-notices must be written in the English.

The Site reserves the right to modify, alter or add to this policy, and all affected persons should regularly check back to stay current on any such changes.