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FirstGate Mobile Limited (“FML”) has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to receive a notification of claimed infringement (“Designated Agent”) is listed at the end of this policy.
By downloading and installing the Services and/or by accepting this Policy and the EULA, you consent to our access, collection, use and/or disclosure of your information as described in the Third Party's Policies and in this Policy.
Reporting copyright infringement:
If you allege that intellectual property is being violated, you must submit to FML:
- 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- 2. Identification of the copyrighted works being infringed;
- 3. Identification of the material that is claimed to be infringing including information regarding the specific location of the infringing materials on FML’s site, with sufficient detail so that FML is capable of finding and verifying its existence;
- 4. Your contact information, including address, telephone number and, if available, e-mail address;
- 5. A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- 6. A statement made under penalty of perjury that the information provided is accurate and you are authorized to make the complaint on behalf of the copyright owner.
Once a proper bona fide notification is received by the Designated Agent:
Upon receipt of a notification that complies with the above requirements, FML will:
- 1. remove or disable access to the material; and
- 2. notify the content provider, member or user that it has removed or disabled access to the material.
reserves the right to terminate a content provider’s access to FML
’s site upon determination that the content provider is a repeat offender.
Procedure to supply a counter-notice to the Designated Agent:
FML may replace the material or cease disabling access to it, if it obtains a counter-notice that includes the following:
- 1. A physical or electronic signature of the content provider, member or user;
- 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 disabled;
- 3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- 4. The content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the federal court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which FML is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, FML may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at FML’s discretion.
Please contact the Designated Agent to receive notification of claimed infringement for FML at [email protected]firstgatemobile.com