Fashionboss has adopted the following procedures to respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act. The address of our designated agent to receive notification of infringement (“Designated Agent”) is listed at the end of this policy.
Upon receipt of the DMCA Notice of alleged infringement (“Notice”) as described below, Fashionboss will take whatever action, in its sole discretion, it deems appropriate, including (1) blocking access to, or removing material, that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) removing, disabling, and/or discontinuing service to users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. You may submit a notification following the procedure in Section A below.
1. Who May Report Copyright Infringement:
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, you may report alleged copyright infringements by completing the following Notice and delivering it to Fashionboss’ Designated Agent.
2. How to Report Copyright Infringement by U.S. Mail:
If you believe that material or content residing on or accessible through the Site or Service infringes a copyright, include the following information in the Notice and send it to our Designated Agent via U.S. mail at the below address:
- The full legal name and a physical or electronic signature of the copyright owner, or a person authorized to act on behalf of the owner of the copyright, that has been allegedly infringed;
- The copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – a representative list of the copyrighted works claimed to have been infringed;
- (i) the material 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found;
- Contact information for the copyright owner, including address, telephone number and, if available, e-mail address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;
- Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Deliver this Notice, with all items completed, to Fashionboss’ Designated Agent:
Email: legal at fashionboss dot com
Address: 1824 35th Street NW, Washington D.C., 20007
Upon Proper Notification to the Designated Agent:
It is our policy, in appropriate circumstances and at our discretion:
- to remove or disable access to the infringing material;
- to notify the content provider, member or user that we have removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that we will terminate such content providers, member’s or user’s access to the Service.
3. What if I receive a Copyright Complaint (DMCA) notification?
- If you receive a notification that your content has been removed due a copyright complaint, it means that the content has been deleted from the Site at the request of a copyright owner. If your account receives too many copyright complaints, you may lose the ability to post or upload new content on the Site, and your account may be disabled completely.
- If you believe your content was removed in error, you have the option to file a counter-notice by following the steps outlined in the Section C. When we receive a valid counter-notice, we will forward a copy to the person who filed the original copyright complaint. If we do not receive notice within 10 business days that the person who filed the original copyright complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your account’s record, and may replace the content that was removed.
- Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
If you believe that your content that was removed, or to which access was disabled, is either not infringing, or that you have the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the your full legal name, or the full legal name of the party you represent;
- The exact web address of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled (copy and paste the link in the notification email);
- A copy of the DMCA notification providing the notice of infringing material or activity;
- A statement that you had a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- Your name, address, telephone number, and, if available, e-mail address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Fashionboss, LLC is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against you, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.
You hereby acknowledge that if you fail to comply with the requirements set forth above, your Notice may not be valid.