Fluency, Inc. Digital Millennium Copyright Act Policy
Anyone who believes that his or her work has been reproduced in the Fluency, Inc. (“Fluency”), learning management system (“Fluency Academy”) or website (“Website”) in a manner which constitutes copyright infringement may submit a notification to Fluency’s copyright agent in accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”) by providing the following information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
- information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address;
- a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
- a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner;
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
- You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
- Notices of copyright infringement claims should be sent by mail to: Fluency, Inc., Attn: Legal PO BOX 4563 Burlington, VT 05406, or by email to legal@fluency.inc. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
- If you believe that any content that you post, upload, publish, submit or transmit to be made available through Fluency Academy or the Website (“Your Content”) was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a counter-notice containing the following information to our copyright agent: (i) your physical or electronic signature (with your full legal name); (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief, under penalty of perjury, that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
- If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed Content or cease disabling it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice, at our sole discretion. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
