IP Infringement Reports and Compliance
Effective Date: November 15, 2023
1. General Terms
1.1. FictionMe is a trademark/business brand operated by Bonimor Limited, a company registered in Cyprus under company number HE431640. Our registered office is situated at Richardou Leontokardou, 11 ANNEX COURT, Flat/Office 101 4046, Limassol, Cyprus. Throughout this document, references to "FictionMe," "we," or "our" pertain to Bonimor Limited that serves writers and publishers for the distribution and monetization of various literary works, referred to as "Works.".
1.2. This policy is designed to provide clear and accessible guidance to both intellectual property owners and platform users, setting out the process for reporting IP infringements and the steps we take to address such reports. It underscores our dedication to respecting and protecting the intellectual property rights of creators, innovators, and businesses while fostering a compliant and fair environment for all users.
2. How a DMCA notice could be made.
2.1. If you believe that your intellectual property rights have been violated. In accordance with the Digital Millennium Copyright Act (17 U.S.C. ยง 512) and other applicable intellectual property laws, FictionMe has established procedures for receiving written notifications of alleged intellectual property infringements. If you genuinely believe that your intellectual property rights have been violated through the use of the FictionMe Platform, you have the option to notify us via email at: [email protected], using the subject line "Notice of Infringement," or through written communication to the following address:
2.2. The information you shall provide us. Your notification must include the following information:
- Your electronic or physical signature, indicating that you are authorized to act on behalf of the copyright (or other intellectual property) owner;
- A description of the copyrighted work (or other intellectual property) that you assert has been infringed;
- Details specifying the location on the FictionMe Platform where the material you claim is infringing can be found;
- Your email address, mailing address, and/or telephone number;
- A statement from you affirming in good faith that the contested use is not authorized by the copyright (or other intellectual property) owner, its agent, or the law;
- A statement from you, made under penalty of perjury, affirming the accuracy of the information in your notification and confirming that you are the copyright (or other intellectual property) owner or that you are authorized to act on behalf of the copyright (or other intellectual property) owner.
By submitting such a notice, you acknowledge and agree that the information provided is accurate to the best of your knowledge and that you understand the legal implications of making a false claim of copyright infringement. Please note that submitting a false claim may result in legal consequences.
3. How to submit counter-notice
3.1. If you believe that a notice of intellectual property infringement has been inaccurately issued against you, you have the right to submit a counter-notice to FictionMe, in accordance with Section 512(g) of the Digital Millennium Copyright Act. To do so, you must send your counter-notice to us by email at: [email protected], with the subject line "Counter-Notice of Infringement" (Please note that due to the urgency of addressing intellectual property infringement notices, we require all counter-notices to be submitted via email). Your counter-notice should include the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled;
- A statement made under penalty of perjury, affirming that you genuinely believe the removal or disabling of the material was a mistake or that the material was wrongly identified as infringing;
- Your full name, email address, mailing address, and a statement indicating your consent to the jurisdiction.
3.2. It's important to understand that any notice or counter-notice you submit must be accurate and provided under penalty of perjury. Providing false information may lead to personal liability, so it's recommended that you seek legal advice before submitting such notices. While FictionMe reserves the right to remove or disable access to materials based on the above procedures, we may also disclose your identity and the contents of the notice or counter-notice to any third party who has alleged an intellectual property rights violation or who has submitted a counter-notice. You acknowledge and agree that such disclosures by us will not infringe upon your rights, including your rights to privacy.
3.3. Please note that the procedures outlined above pertain exclusively to alleged intellectual property infringements. If you have any other concerns or issues related to the FictionMe Platform, please feel free to contact FictionMe via email at: [email protected].
4. DMCA notice handling process
Certainly, based on the provided structure, here is a revised description of the DMCA notice handling process by FictionMe Content Audit Team, Richardou Leontokardou, 11 ANNEX COURT, Flat/Office 101, 4046, Limassol, Cyprus:
4.1. Review:
Upon receiving your DMCA notice, we initiate an initial review of your complaint. We assess the completeness of the information and documentation provided. If necessary, we may contact you to clarify details or request additional information to ensure a comprehensive investigation.
4.2. Investigation:
Within 7 business days of receiving your DMCA notice, we launch an objective and impartial investigation into your complaint. This investigation encompasses a thorough assessment of the information you've submitted, our actions concerning your dealings with us, and any other relevant data that may aid us in addressing your complaint.
4.3. Action:
If the DMCA notice is valid and complies with the law, we take prompt action to remove or disable access to the infringing material. This step is crucial for preventing further copyright infringement and demonstrating compliance with the DMCA.
4.4. Response:
After removing the content, we promptly inform you of our findings and any actions taken in response to your DMCA notice. Transparency is a core element of our response, and we strive to keep you informed about the outcomes of the investigation.
4.5. Notification to User (Infringer):
After removing or disabling the content, we notify the user who posted the infringing material. The user is informed about the DMCA takedown, the reason for it, and the contact information of the copyright owner or their agent.
4.6. Counter Notice Submission (Optional):
If the user believes their content was wrongly removed due to the DMCA notice, they have the option to submit a counter-notice in accordance with section 3.
4.7. Review of Counter-Notice (if applicable):
We review the counter notice for validity and compliance with the DMCA requirements. If it meets the criteria, we may choose to restore the removed content.
4.8. Recording:
We maintain a comprehensive record of your DMCA notice and our response for continuous improvement and monitoring. This record allows us to review and refine our procedures to better address copyright infringement issues in the future. Rest assured that your personal information is handled in accordance with relevant privacy legislation and is used exclusively for the purpose of managing DMCA notices.
5. Questions.
If you have any questions about our complaints process, please contact us at [email protected], we are always happy to assist.