Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
FYnderFY respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our Platform users -- educators, candidates and recruiters -- to do the same. Infringing activity will not be tolerated on or through the Platform.
FYnderFY's intellectual property policy is to (1) remove material that we believe in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Platform, and (2) remove any submitted content posted to the Platform by "repeat infringers." FYnderFY considers a repeat infringer to be any user who has uploaded submitted content to the Platform and for whom FYnderFY has received more than three (3) takedown notices compliant with the provisions of 17 U.S.C. 512(c) with respect to such submitted content. FYnderFY has the discretion, however, to terminate the account of any user at any time, for any reason.
Reporting a Claimed Infringement
If you believe that any content made available on or through the Platform has been used or exploited in a manner that infringes an intellectual property right you own or control, promptly send a "Notification of Claimed Infringement" containing the following information to the designated agent identified below. Your communication must include substantially the following:
- Your complete contact information
- A physical and or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed upon
- Specific identification of content, courses, exams, certifications or badges being infringed, or, if multiple works are covered by a single notification, a representative list of such works
- Identification of the material that is claimed to be infringing upon or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FYnderFY to locate the material
- A "good faith" statement that you have a belief that the use of the material in the content, courses, exams, certifications or badges is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
You should consult with a lawyer and/or see 17 U.S.C. 512 to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent Contact Information
FYnderFY's designated agent for notices of claimed infringement can be contacted by email at email@example.com.
If you receive a notification from FYnderFY that a "Notification of Claimed Infringement" has been made against you and your content, courses, exams, bundles, certifications or badges, you will have the right to provide FYnderFY with what is called an "Educator's Counter-Notification", which must be in writing, provided to the company's designated agent through the method identified above and include substantially the following information:
- User name and educator's account number
- A physical or electronic signature of the user
- 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 was disabled
- A statement under penalty of perjury that the educator 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
- The educator'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 educator's address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the Company may be found, and that the subscriber will accept service of process from the person providing the notification above or an agent of such person.
A party submitting an Educator's Counter-Notification should consult a lawyer or see 17 U.S.C. 512 to confirm the party's obligations to provide a valid counter-notification under the Copyright Act.
False Notifications of Claimed Infringement or Educator Counter-Notifications
The Copyright Act provides that: Any person who knowingly materially misrepresents under Section 512 of the Copyright Act (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by such misrepresentation, as the result of [FYnderFY] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
FYnderFY reserves the right to seek damages from any party submitting a Notification of Claimed Infringement or Educator's Counter-Notification in violation of the law.
For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this section should be sent to the FYnderFY designated agent at firstname.lastname@example.org.