Flatfiv LLC ("Flatfiv," "we," or "us") respects the intellectual property rights of Creators and others, and expects everyone who uses the online marketplace operated by Flatfiv (the "Marketplace") to do the same. This Copyright Policy is part of our Terms of Service and explains how we respond to claims of copyright infringement under the Digital Millennium Copyright Act (the "DMCA"). Capitalized terms that are not defined here have the meanings given in our Terms of Service.
1. Reporting Infringement
1.1 If you believe that content on the Marketplace infringes a copyright that you own or are authorized to enforce, send a written notice to our designated copyright agent listed in Section 4. Your notice must include:
- (a) your physical or electronic signature;
- (b) identification of the copyrighted work you believe is infringed or, if your notice covers multiple works, a representative list of them;
- (c) identification of the material you believe is infringing, with enough detail for us to locate it, such as the web address of the Product page;
- (d) your name, mailing address, telephone number, and email address;
- (e) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
- (f) a statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the owner's behalf.
1.2 We may not be able to act on a notice that does not substantially include this information. Before sending a notice, please consider whether the use may be permitted by law, such as by fair use. Under 17 U.S.C. § 512(f), anyone who knowingly makes a material misrepresentation in a notice may be liable for damages.
2. What Happens After a Notice
2.1 When we receive a valid notice, we will promptly remove or disable access to the material and notify the Creator or user who provided it, including by forwarding a copy of the notice.
2.2 Removing a Product in response to a notice may also remove it from the libraries of buyers who purchased it, as described in our Terms of Service.
3. Counter-Notices
3.1 If material you provided was removed and you believe the removal was the result of a mistake or misidentification, you may send a counter-notice to our copyright agent. Your counter-notice must include:
- (a) your physical or electronic signature;
- (b) identification of the material that was removed and where it appeared before it was removed;
- (c) a statement, under penalty of perjury, that you have a good faith belief that the material was removed as a result of a mistake or misidentification;
- (d) your name, mailing address, and telephone number; and
- (e) a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located or, if your address is outside the United States, any judicial district in which Flatfiv may be found, and that you will accept service of process from the person who submitted the original notice or that person's agent.
3.2 When we receive a valid counter-notice, we will send a copy to the person who submitted the original notice. We will restore the material 10 to 14 business days after we receive the counter-notice, unless the person who submitted the original notice first tells us that they have filed a court action seeking to restrain the alleged infringement.
3.3 Under 17 U.S.C. § 512(f), anyone who knowingly makes a material misrepresentation that material was removed by mistake or misidentification may be liable for damages.
4. Designated Copyright Agent
Send notices and counter-notices to our designated copyright agent:
Copyright Agent, Flatfiv LLC
401 West A Street, Suite 200
San Diego, California 92101
Phone: 480-253-9443
Email: contact@flatfiv.com
5. Repeat Infringers
In appropriate circumstances, we terminate the accounts of Creators and users who repeatedly infringe the copyrights of others, and we stop selling their Products.
6. Other Concerns
If you have a concern about content on the Marketplace that is not a copyright issue, such as a trademark or privacy concern, email contact@flatfiv.com.