FLX Distribution, Inc. dba FLX Networks (“FLX,”, “we”, or “us”) respects the intellectual property rights of others. This Copyright Policy describes FLX’s policy of prohibiting users from uploading, posting, or otherwise transmitting on or to the Website (as defined in our Terms and Conditions) any information or materials that violate another party’s intellectual property rights. This Copyright Policy also applies to any other websites, applications, platforms (including the Resource & Asset Management Platform), widgets, blogs, social networks or other online or wireless services accessible through desktop and mobile web browsers, locally installed mobile web applications, third party platforms including social networking and application store sites (“Third Party Platforms”) and various API services and other services that we may offer from time to time, including without limitation, social, online, and other applications, community forums, and blogs (collectively, the “Services”).
The Digital Millenium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond to notices and counter-notices that properly conform with the DMCA’s requirements. Accordingly, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see the Copyright Office’s website at www.copyright.gov for details on current DMCA requirements.
A. Notification of Alleged Copyright Infringement
If you believe in good faith that materials hosted by FLX infringe your copyright, you or your agent may send us a written notification pursuant to the DMCA by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and request that the material be removed or access to it blocked:
- Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Website are covered by a single notification, you may provide a representative a list of such works with sufficient detail so that we can identify them;
- Identification of the URL or other specific location on the Website that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them;
- Your name, address, telephone number, and email address;
- The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
- A statement that you have 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
- A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of these requirements under this Section A (Notice of Alleged Copyright Infringement), your DMCA notice will not be valid.
You must submit any notification of an alleged copyright infringement to FLX’s DMCA Agent by fax, mail, or email as set forth below:
DMCA Agent
FLX Distribution, Inc.
2 Morristown Road
Bernardsville, NJ 07924
Phone: 908-944-7935
Email: [email protected] with the subject line “Copyright Policy – DMCA Notification”
This contact information is for DMCA notifications and counter notifications only. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
Please note that you may be liable for damages, including court costs and attorney’s fees, if you materially misrepresent that materials on the Website infringe a copyright.
B. Counter Notification
If you believe in good faith that your own copyrighted material has been removed from the Website because of a mistake or misidentification, you may submit a written counter notification letter to FLX’s DMCA Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or in Washington, D.C. if your address is outside the U.S.;
- A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent;
- Your name, address, and telephone number;
- A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or Website location and will no longer be shown or accessible; and
- Your physical or electronic signature.
You acknowledge that if you fail to comply with all of the requirements of this Section B (Counter Notification), your DMCA counter notification will not be valid.
You may submit your counter notification to FLX’s DMCA Agent by fax, mail, or email as set forth below:
DMCA Agent
FLX Distribution, Inc.
2 Morristown Road
Bernardsville, NJ 07924
Phone: 908-944-7935
Email: [email protected] with the subject line “Copyright Policy – DMCA Notification”
This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
If a counter notice is received by FLX’s DMCA Agent, we may send a copy of the counter notification to the original complaining party informing that person that FLX may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against FLX or the user, the removed content may be replaced or access to it restored by FLX.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including court costs and attorney’s fees.
C. Termination
Please be aware that it is FLX’s policy to terminate access to the Services of repeat infringers. If you provide false information to FLX regarding any of the above notifications, counter notifications, or repeat infringer notifications, FLX may immediately terminate your access to the Services and you may be subject to legal and equitable remedies.
© 2022 FLX Distribution, Inc. All Rights Reserved.
Updated: March 28, 2022