copyright compliance policy

Last Modified: November 25, 2009

TABLE OF CONTENTS
How to Send a Notice of Claimed Copyright Infringement
How to Send a Counternotice If Your Posting Was Removed In Response to a Notice of Claimed Infringement, and You Believe the Posting Is Not Infringing
Repeat Infringer Policy

This is the official copyright compliance policy ("Copyright Compliance Policy") for the Flux platform ("Flux," "we," "us," or "our"), an online social-networking and social-media service, and the Flux web sites located at www.Flux.com and www.socialproject.com (the "Flux Sites"). Flux and the Flux Sites are offered by Social Project, Inc. ("Social Project"). Social Project is an MTV Networks ("MTVN”) company. MTVN is a division of Viacom International Inc. (together with MTVN, the "Parent Companies.") This Copyright Compliance Policy sets forth the procedures undertaken by Social Project to respond to notices of alleged copyright infringement from copyright owners and terminating the accounts of repeat infringers and does not cover any other procedures, for any other purpose, or the procedures of the Parent Companies or any subsidiaries and affiliates of the Parent Companies (collectively, "Affiliates"), or any other company, unless specifically stated.

This Copyright Compliance Policy is a part of the terms and conditions set forth in our Terms of Use Agreement. Any terms not defined in this Copyright Compliance Policy will have the meaning given in the Terms of Use Agreement. Both the Terms of Use Agreement and this Copyright Compliance Policy are legally binding on all users and Members.

We take protection of copyrights, both our own and others, very seriously.

  1.  HOW TO SEND A NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT

If you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on the SP Service infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of claimed copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will investigate material that is claimed to be infringing or to be the subject of infringing activity and take appropriate action based on the results of our investigation.

Send your notice of claimed infringement to our designated agent for receiving such notices, as follows:

By mail:
Copyright Agent
c/o Social Project, Inc.
2600 Colorado Avenue, Suite 340, Santa Monica, California 90404
By fax:
310.752-8839
By e-mail:
copyright@socialproject.com

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Your notice of claimed infringement must be a written communication provided to the agent designated above that includes substantially the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  3. Identification of the material that is 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 SP to locate the material.
  4. Information reasonably sufficient to permit SP to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  5. 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

  1.  HOW TO SEND A COUNTERNOTICE IF YOUR POSTING WAS REMOVED IN RESPONSE TO A NOTICE OF CLAIMED INFRINGEMENT, AND YOU BELIEVE THE POSTING IS NOT INFRINGING

As explained above, if we receive a notice of claimed infringement sent to our designated agent with the information described above, we will investigate the material that is claimed to be infringing and take appropriate action based on the results of our investigation. If we remove or disable access to the material, we will also send a notification to the Member who posted or submitted the material, at the e-mail address provided by the Member in connection with his/her account with us, telling the Member that the material was removed or access to it was disabled because of claimed infringement.

If you are a Member who posted or submitted material that was removed in response to a notice of claimed infringement, and you believe the material was removed due to mistake or misidentification, you may request that we replace the posting by sending us a counternotice as follows:

You must send the counternotice to our designated agent for receiving notices of claimed infringement, whose contact information is above.

Your counternotice must be a written communication sent, and must include substantially the following information:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which SP may be found, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

When we receive a counternotice that complies with these requirements, we reserve the right, but not the obligation, to restore the material that was removed after forwarding a copy of the counternotice to the person who sent the notice of claimed infringement, and waiting at least ten (10) business days. If, during those ten (10) business days, the person who sent the original notice of claimed infringement notifies us that such person has instituted a suit to seek a court order to restrain the Member who sent the counternotice from infringing activity relating to the material on the Community Sites, we will not replace the material. Otherwise, we may repost the material at our discretion. However, pursuant to this Agreement, we retain the right to remove, disable access to, or not restore material at any time for any reason without any liability to the posting or submitting Member. In particular, a Member who sends a counternotice pursuant to this Copyright Compliance Policy expressly acknowledges and agrees that we will not be liable to the Member under any circumstances for declining to replace material.

WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

  1.  REPEAT INFRINGER POLICY

We have a policy of terminating the accounts of repeat infringers. A repeat infringer includes any Member who has made multiple submissions of User Content for which we receive a notice of claimed infringement under this Copyright Compliance Policy. Each Member agrees that, if his/her account is terminated pursuant to this Copyright Compliance Policy, the Member will not attempt to establish a new account under any name, real or assumed, and further agrees that if the Member violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the Member will indemnify and hold us harmless for any and all liability that we may incur.

This Copyright Compliance Policy was last modified on November 25, 2009 and is effective immediately.

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