1.1. This DMCA Copyrights Policy is to be used only for reporting infringing content published on www.FriendsOnly.me (hereinafter - “FriendsOnly”).
2. DMCA Policy
2.1. Although our FriendsOnly is not based in the United States, we respect the intellectual property rights of copyright holders, and thus have chosen to voluntarily comply with the Policy and provisions of the Digital Millennium Copyright Act (“DMCA”).
2.2. This FriendsOnly qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the DMCA. Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions. We respect the intellectual property of others, and we ask our Users to do the same.
2.3. We observe and comply with the DMCA, and have adopted the following Policy relating to claims of copyright infringement by our subscribers or other Users.
3. POLICY OF CLAIMED INFRINGMENT
3.1. In case you pretty sure that your work has been copied and published on FriendsOnly in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent (identified below) with the following information:
3.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
3.1.2. a description of where the material that you claim is infringing is located on the FriendsOnly (preferably including specific url’s associated with the material);
3.1.3. description of the copyrighted work or other intellectual property that you claim has been infringed;
3.1.4. your address, telephone number, and email address;
3.1.5. a 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,
3.1.6. a 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.
3.2. You may send your Policy of Claimed Infringement ("Policy") to the following address:
Loutrakiou, 5 CHARA VENEZIA, 1st floor, Flat/Office 101, Strovolos 2027, Nicosia, Cyprus; or
Email: [email protected]
3.3. Please do not send other inquires or information to our Designated Agent. This policy only applies to infringing content published on FriendsOnly. To report infringing material on other FriendsOnlys, please contact us here: [email protected]. 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 Policies is expressly disclaimed.
Further information regarding notification and respective requirements You can find in the DMCA, here: http://www.law.cornell.edu/uscode/text/17/512
3.4. Abuse Notification: Abusing the DMCA Policy procedures set forth above, or misrepresenting facts in a DMCA Policy or Counter-notification, can result in legal liability for damages, court costs and attorneys fees under federal law. See; 17 U.S.C. § 512(f). These Policy and 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 Policy to our Designated Agent.
4. NOTIFICATION PROCEDURE
4.1. The FriendsOnly implements the following “notification” procedure upon receipt of any notification of claimed copyright infringement. The FriendsOnly reserves the right at any time to disable access to, or remove any material or activity accessible on or from any FriendsOnly 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 FriendsOnly to terminate the account of repeat copyright infringers, when appropriate, and the FriendsOnly 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.
4.2. The FriendsOnly’s DMCA Policy Procedures are set forth in the preceding paragraph. If the Policy does not comply with §512 of the DMCA but does comply with three requirements for identifying FriendsOnlys that are infringing according to §512 of the DMCA, the FriendsOnly shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements.
4.3. When the Designated Agent receives a valid Policy, the FriendsOnly 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.
4.4. After the Designated Agent receives the counter-notification, it will replace the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification unless the Designated Agent receives Policy that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
5. DMCA COUNTER-NOTIFICATION PROCEDURE
5.1. If the Recipient of a Policy of Claimed Infringement believes that the Policy 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.
5.2. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Policy. 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 FriendsOnly relating to the actions taken in response to the counter-notification.
5.3. To submit a counter-notification, please provide Our Designated Copyright agent the following information:
5.3.1. a specific description of the material that was removed or disabled pursuant to the Policy;
5.3.2. a description of where the material was located within the FriendsOnly or the content before such material was removed and/or disabled (preferably including specific url’s associated with the material);
5.3.3. 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.”
5.3.4. the Recipient's physical address, telephone number, and email address; and,
5.3.5. 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 Policy, or that person’s agent.
5.4. Written notification containing the above information must be signed and sent to:
10 Anson Road #20-05 International Plaza, Singapore, or [email protected]
5.5. All DMCA Policies and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.
5.6. Please do not send other inquires or information to our Designated Agent. 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 Policies is expressly disclaimed.
5.7. 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 Policy identifying the allegedly infringing content.
5.8. Thereafter, within seven to thirteen (7-13) days of Our 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 Policy 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 FriendsOnly’s system or network.
6. MODIFICATION POLICY AND CUSTUMER SERVICE REQUESTS
6.1. The FriendsOnly 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.
6.2. Please note that the DMCA Agent is not associated with the FriendsOnly in any other capacity, but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the FriendsOnly's customer service department.
This Copyright Policy drafted by FriendsOnly, https://friendsonly.me (© 2022).
All rights reserved.