NOTICE AND TAKE DOWN PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your copyrighted work has been copied and is available
on this site in a way that constitutes copyright infringement, you may
notify "Flashyourrack Services" ("Service Provider") by providing our
Designated Agent with the following information:
(1) a physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
(3) 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 the
service provider to locate the material;
(4) information reasonably sufficient to permit the service provider to
contact the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be
contacted;
(5) a statement that the complaining party has 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; and
(6) a statement that the information in the Notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Written Notification containing the above information in complete form must
be submitted to the following Designated Agent:
EMail: fyradmin@flashyourrack.com
This contact information is only for reporting copyright infringement.
Unrelated inquiries may not receive a response. Contact information for
other matters is provided elsewhere on this site.
Upon receipt of the Notification containing the complete and accurate
information listed above, Service Provider shall:
(1) remove or disable access to the material that is alleged to be
infringing;
(2) forward the written Notification to such alleged infringer
("Subscriber"); and
(3) take reasonable steps to promptly notify the Subscriber that it has
removed or disabled access to the material.
If the Subscriber wishes to respond to notice and take down of infringing
material, he/she may file Counter Notification in the form of a written
communication provided to the Service Provider's Designated Agent that
includes substantially the following:
(1) a physical or electronic signature of the Subscriber;
(2) 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 access to it was disabled;
(3) a statement under penalty of perjury that the Subscriber has 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; and
(4) the Subscriber's name, address, and telephone number, and a statement
that the Subscriber consents to the jurisdiction of Federal District Court
for the judicial district in which the address is located, or if the
Subscriber's address is outside of the United States, for any judicial
district in which the Service Provider may be found, and that the Subscriber
will accept service of process from the person who provided notification or
an agent of such person.
Upon receipt of a Counter Notification containing the above information,
Service Provider shall:
(1) provide the Complaining Party with a copy of the Counter Notification;
(2) inform the Complaining Party that it will replace the removed material
or cease disabling access to it within ten (10) business days;
(3) replace the removed material or cease disabling access to the material
within ten (10) to fourteen (14) business days following receipt of the
Counter Notification, provided Service Provider's Designated Agent has not
received notice from the Complaining Party that an action has been filed
seeking a court order to restrain Subscriber from engaging in infringing
activity relating to the material on Service Provider's network or system.
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