Legal

DMCA Policy

1. Copyrights

1.1       When a person creates an original work that is fixed in a physical medium, that person automatically owns copyright to the work. Copyright ownership gives the owner the exclusive right to use the work in certain, specific ways. Many types of works are eligible for copyright protection, including audiovisual words, sound recordings and musical compositions, written works, visual works, video games and computer software, and dramatic works.

1.2       In some circumstances, it is possible to use a copyrighted work without infringing the owner’s copyright. For example, in the United States, copyrights are limited by the doctrine of “fair use,” which permits certain uses of copyrighted material, such as parody, satire, and social commentary.

1.3       FanActivate accepts campaign messages from independent advertisers who are informed and have agreed to FanActivate’s policies concerning the intellectual property rights of others. FanActivate respects the copyrights of others, and FanActivate is not affiliated with the owners of the copyrights to which the campaign messages may refer.

1.4       It is FanActivate’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable laws. FanActivate’s response may include removing or disabling access to an advtisement claimed to be infringing. If FanActivate removes or disables access in response to such a notice, FanActivate will make a good-faith attempt to contact the independent advertiser who submitted the campaign message to FanActivate so that the advertiser may make a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA.

1.5       Please refer to the following detailed instructions which must be followed to protect your rights under the DMCA.

2. Instructions for Copyright Owners

2.1       FanActivate will only respond to notifications that contain the following:

2.1.1    A description of the campaign message that is claimed to be infringing and its URL on the FanActivate website or other information reasonably sufficient to permit FanActive to locate the campaign message.

2.1.2    A complete description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works and descriptions thereof. The description should identify all related copyright registration numbers.

2.1.3    A statement providing the basis for the complaint.

2.1.4    The following contact information

2.1.4.1 The complaining party’s full legal name

2.1.4.2 The authorized agent’s full legal name (if applicable)

2.1.4.3 A postal address for contacting the complaining party

2.1.4.4 An e-mail address for contacting the complaining party

2.1.4.5 A phone number for contacting the complaining party

2.1.5    The following statements

2.1.5.1 “I 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.”

2.1.5.2 “This notification is accurate.”

2.1.5.3 “UNDER PENALTY OF PERJURY, I am the owner of an exclusive right that is allegedly infringed” or, if an authorized agent is submitting the notification, “UNDER PENALTY OF PERJURY, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

2.1.5.4 “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.”

2.1.6    A physical or electronic signature of the complaining party or the authorized agent thereof.

2.1.7    Your authority for submitting the notification (e.g., copyright owner, authorized agent of copyright owner)

2.2       The complaining party or authorized agent thereof should file the notification either (1) using one of the contact means identified in the U.S. Copyright Office’s online service provider directory for FanActivate (www.copyright.gov/onlinesp/), (2) contacting FanActivate by mail at DMCA Agent, c/o FanActivate Inc., 8605 Santa Monica Blvd. Suite #31173, Los Angeles, CA 90069-4109 (3) contacting FanActivate by email at legal@ FanActivate.com, or (4) contacting FanActivate by phone at *.

2.3       Upon receipt of a complete notification, FanActivate will remove or disable access to the campaign message that is claimed to be infringing. The independent advertiser who submitted the campaign message will be forwarded a copy of the notification and will be alerted that access to the campaign message has been removed or disabled.

3. Instructions for Independent Advertisers

3.1       Any complaining party or authorized agent thereof following the procedures in Section 2 above can require FanActivate to remove or disable access to copyrighted content. When FanActivate receives a proper notification from a complaining party or authorized agent thereof, FanActivate will immediately comply. This is a legal requirement; you will not receive advance warning and you will not be given an opportunity to “fix it” first.

3.2       If you are found to repeatedly submit infringing campaign messages, your account will be suspended. Serious offenders will have their account deactivated and will be permanently banned from submitting campaign messages. FanActivate considers “three strikes” as an indication of being a serious offender. In addition, if you are found deliberately misrepresenting the copyrighted work of another as your own, your account will be immediately deactivated and you will be permanently banned from submitting campaign messages.

3.3       FanActivate will only respond to counter-notifications that contain the following:

3.3.1    A description of the campaign message that is claimed to be infringing and its URL at the FanActivate website before access to the campaign message was removed or disabled or other information reasonably sufficient to permit FanActivate to locate the campaign message.

3.3.2    A statement why the claim of copyright infringement should be rejected.

3.3.3    The following contact information

3.4.3.1 The responding party’s full legal name.

3.4.3.2 The authorized agent’s full legal name (if applicable).

3.4.3.3 A postal address for contacting the responding party.

3.4.3.4 An e-mail address for contacting the responding party.

3.4.3.5 A phone number for contacting the responding party.

3.3.4    The following statements

3.3.4.1 “UNDER PENALTY OF PERJURY, I 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.”

3.3.4.2 “UNDER PENALTY OF PERJURY, I 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.”

3.3.4.3 “I will accept service of process from the person who provided notification under Section 512(c)(1)(C) of the DMCA or the agent of such person.”

3.3.4.4 “I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.”

3.3.5    A physical or electronic signature of the responding party or authorized agent thereof.

3.3.6    Your authority for submitting the counter-notification (e.g., independent advertiser who submitted the campaign message, authorized agent of independent advertiser who submitted the campaign message).

3.4       The responding party or the authorized agent thereof should file the notification either (1) using one of the contact means identified in the U.S. Copyright Office’s online service provider directory for FanActivate (www.copyright.gov/onlinesp/), (2) contacting FanActivate by mail at DMCA Agent, c/o FanActivate Inc., 8605 Santa Monica Blvd. Suite #31173, Los Angeles, CA 90069-4109, (3) contacting FanActivate by email at legal@fanactivate.com, or (4) contacting FanActivate by phone at *.

3.5       If FanActivate receives your counter-notification, but your campaign message does not comply with the FanActivate Advertiser’s Agreement and/or the FanActivate Terms of Use, FanActivate may inform you that FanActivate is not be able to reinstate your campaign message. FanActivate may also request further information from you in order to determine whether the campaign message can be reinstated.

3.6       In many circumstances, FanActivate will forward your counter-notification (including the contact information in Section 3.3.3) to the complaining party or authorized agent thereof. At that time the complaining party may take legal action against you in Federal District Court. If after 14 days the complaining party has not taken legal action against you, you may contact FanActivate to request that FanActivate reinstate your campaign message. If your campaign message otherwise complies with FanActivate Advertiser’s Agreement and/or the FanActivate Terms of Use, FanActivate may reinstate your campaign message at that time.

 

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