DMCA Notices
Submitting a Digital Millennium Copyright Act Claim
Finigree adheres to the Digital Millennium Copyright Act (DMCA). Title 17 of the United States Code ยง 512 offers a number of protections to service providers relating to cases of copyright infringement instigated at the direction of their users. Until such a time as it is placed on notice, Finigree is without knowledge that any materials stored or transmitted via its services are infringing on the rights of others.
Should a party become aware that content hosted on Finigree infringes on their intellectual property rights, they should submit a valid DMCA request. Material misrepresentations in copyright claims will be held liable for monetary damages (including costs and attorneys' fees), and improperly formatted claims will be discarded without consideration. DMCA notices will be forwarded to the party that made the allegedly offending materials available. Notices may also be forwarded to third parties, such as ChillingEffects.org, a collaborative database of legal complaints and takedown requests. Rightsholders should consult with an attorney before asserting their intellectual property claims through the DMCA process.
All of the following information must be included in a properly formatted DMCA request (requests that do not include each of the below items will be discarded):
- The physical or electronic signature of the copyright holder or a party that has been explicitly authorized to act on behalf of the rightsholder for the allegedly infringing material.
- A list of the allegedly infringed works. You must identify your works which you believe have been used in an unauthorized manner. You must provide enough information such that we can successfully recognize the allegedly infringing use of your work in item 3, below.
- A list of the allegedly infringing items hosted on our service, identified by URL. Without a direct URL to the allegedly infringing works, we have no means of identifying the uses and/or locations of the allegedly infringing materials.
- Contact details for the complaining party, such as a valid mailing address, telephone number, and e-mail address.
- A good faith statement that the material is being used in a manner unauthorized by the copyright holder and not protected by law. Ensure that the use of the allegedly infringing material does not constitute fair use, or the request may be dismissed.
- A statement confirming that the information provided in the DMCA notification is accurate and that, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
DMCA claims or requests should be addressed as follows:
Finigree
1905 Harney Street, Suite 650
Omaha, NE 68102
United States
support@atssecured.com
Users' Right to File a Counter-Notice
If you are a user whose submitted contents have been removed as a result of Finigree having received a properly composed DMCA notice, you will be notified via a direct message to your Finigree account from a Finigree administrator. If you feel that your materials were wrongly removed, you are offered certain protections in alignment with the DMCA notice-and-takedown procedures. You have the option, per DMCA 512 subsection (g)(1), of filing a counter-notice. The counter-notice must include the following information:
- Your contact information, such as your physical address, e-mail address, and telephone number.
- Identification of the materials which you believe have been wrongly removed.
- A statement under penalty of perjury that you have a good faith belief that the removed material was taken down as the result of a mistake or misidentification.
- A statement consenting to the jurisdiction of your local United States Federal Distrinct Court, or, if you are located outside of the United States, consenting to the jurisdiction of a United Stated Federal Court in any jurisdiction in which the service provider may be found, including consent to service of process from the complaining party (or an agent of such party) under DMCA 512 subsection (c)(1)(c).
- Your physical or electronic signature.
Upon receipt, your counter-notice will be copied to the complaining party or their agent. If, after 10 days, the complaining party has not filed a lawsuit against you (and demonstrated the court action to the service provider), you are allowed to resubmit the wrongfully removed contents (in doing so, you attest that your use of the materials is indeed authorized). Counter-notices should be addressed as follows:
Finigree
1905 Harney Street, Suite 650
Omaha, NE 68102
United States
support@atssecured.com