Fanctuary, Inc. ("Fanctuary") respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks its users to do the same. Infringing activity will not be tolerated on or through Fanctuary's platform (the "Service") or any user-run community that is powered by the Service ("Community").
Fanctuary complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact Fanctuary's designated agent ("Designated Agent") at the following address:
Fanctuary, Inc.
4310 Cameron St Suite 1
Las Vegas, NV, 89103 USA
Email: legal@fanctuary.co
If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" to the Designated Agent identified above containing the following information:
Your Notification of Claimed Infringement may be shared by Fanctuary with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Fanctuary making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Fanctuary's policy is to: (a) remove or disable access to material that Fanctuary believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. Fanctuary will terminate the accounts of users that are determined by Fanctuary to be repeat infringers. Fanctuary reserves the right, however, to suspend or terminate accounts of users in Fanctuary's sole discretion.
If you receive a notification from Fanctuary that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Fanctuary with what is called a "Counter Notification". To be effective, a Counter Notification must be in writing, provided to Fanctuary's Designated Agent through one of the methods identified in Section 1 (DMCA Notification) above, and include substantially the following information:
A party submitting a 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.
If you submit a Counter Notification to Fanctuary in response to a Notification of Claimed Infringement, then Fanctuary will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Fanctuary will replace the removed content or cease disabling access to it in 10 business days, and Fanctuary will replace the removed content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Fanctuary's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Fanctuary's system or network.
The Copyright Act provides at 17 U.S.C. § 512(f) that any person who knowingly makes a material misrepresentation under Section 512 of the Copyright Act (17 U.S.C. § 512) that (1) material or activity is infringing, or (2) material or activity was removed or disabled by mistake or misidentification, is liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, any copyright owner or the copyright owner's authorized licensee, or a service provider injured by the misrepresentation, as a result of Fanctuary relying on the 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. Fanctuary reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of applicable law.