DMCA Policy

Fenzy respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we have adopted the following policy toward copyright infringement.

1. Overview

Fenzy is committed to complying with copyright and related laws and requires all users to comply with these laws. Accordingly, you may not upload, download, post, publish, transmit, or distribute any content on or through Fenzy that infringes any copyright or other proprietary rights of any person or entity.

2. DMCA Takedown Notice

If you are a copyright owner or an agent thereof and believe that any content on Fenzy infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing:

2.1 Required Information

1. Physical or electronic signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
2. Identification of copyrighted work: Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, a representative list of such works
3. Identification of infringing material: Identification of the material that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit us to locate the material (including URL(s) where the material appears on Fenzy)
4. Contact information: Your contact information, including your name, address, telephone number, and email address
5. Good faith statement: 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. Accuracy statement: 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 copyright owner

2.2 How to Submit

DMCA notices should be sent to our Designated Copyright Agent:

3. Counter-Notification

If you believe that your content was removed or disabled as a result of mistake or misidentification, you may file a counter-notification with our Copyright Agent by providing the following information:

3.1 Required Information for Counter-Notice

1. Physical or electronic signature: Your physical or electronic signature
2. Identification of removed material: 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. Good faith statement: 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
4. Contact information: Your name, address, telephone number, and email address
5. Consent to jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you are outside the United States, any judicial district in which Fenzy may be found), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person

3.2 Counter-Notice Process

Upon receipt of a valid counter-notification, we will forward it to the original complaining party. If we do not receive notice within 10-14 business days that the original complaining party has filed an action seeking a court order to restrain you from engaging in infringing activity, we may restore the removed content.

4. Repeat Infringer Policy

In accordance with the DMCA and other applicable law, Fenzy has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers.

4.1 What Constitutes Repeat Infringement

A user may be considered a repeat infringer if:

• Multiple valid DMCA takedown notices have been received regarding content associated with their account
• They have repeatedly uploaded or shared copyrighted content without authorization
• They have circumvented our systems to access or distribute infringing content

4.2 Consequences

Users identified as repeat infringers may have their accounts:

• Temporarily suspended pending investigation
• Permanently terminated without refund
• Banned from creating new accounts

5. Fenzy's Role and Responsibility

5.1 Safe Harbor Provisions

Fenzy qualifies for the DMCA safe harbor provisions as a service provider that:

• Does not have actual knowledge of infringing activity
• Does not receive financial benefit directly attributable to infringing activity
• Responds expeditiously to remove or disable access to allegedly infringing material upon notification
• Has designated an agent to receive notifications of claimed infringement
• Accommodates and does not interfere with standard technical measures

5.2 Content Aggregation

Fenzy operates as a content aggregator that:

• Indexes and provides links to content hosted by third parties
• Does not directly host, store, or upload copyrighted content
• Relies on third-party content sources for availability and legality
• Removes links to infringing content upon valid DMCA notice

6. Response to DMCA Notices

6.1 Processing Timeline

• Initial Review: Within 24-48 hours of receipt
• Action Taken: Within 3-5 business days if notice is valid
• Notification to User: Affected users will be notified of the removal

6.2 Actions We May Take

Upon receiving a valid DMCA notice, we may:

• Remove or disable access to the allegedly infringing content
• Notify the user who posted the content
• Provide the user with information about filing a counter-notification
• Document the complaint for our records
• Take action against repeat infringers

7. Misrepresentations

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that:

• Material or activity is infringing, or
• Material or activity was removed or disabled by mistake or misidentification

...shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, copyright owner, or service provider who is injured by such misrepresentation.

8. International Copyright

Fenzy respects intellectual property rights globally. While the DMCA is U.S. legislation, we also honor:

• Berne Convention for the Protection of Literary and Artistic Works
• WIPO Copyright Treaty (WCT)
• EU Copyright Directive
• Local copyright laws in jurisdictions where we operate

Copyright holders from any country may submit takedown notices following the procedures outlined above.

9. Content Verification

While we strive to ensure all content is properly licensed:

• We rely on third-party content providers for licensing verification
• We cannot guarantee that all content is authorized
• We promptly respond to valid infringement claims
• We work with rights holders to prevent future infringement

10. Educational Use and Fair Use

Fenzy recognizes that certain uses of copyrighted material may constitute fair use under copyright law. We consider fair use defenses when evaluating DMCA notices, including uses for:

• Criticism, comment, or news reporting
• Teaching, scholarship, or research
• Parody or transformative works

However, the determination of fair use is complex and fact-specific. If you believe your use qualifies as fair use, please include this information in your counter-notification.

11. Limitations and Disclaimers

• Fenzy is not responsible for user-generated content or third-party hosted content
• We do not pre-screen content before it becomes available
• We do not endorse any content available through our service
• Removal of content does not constitute an admission of infringement
• We reserve the right to refuse to process incomplete or invalid notices

12. Changes to This Policy

We may update this DMCA Policy from time to time. Material changes will be posted on this page with an updated revision date. Continued use of Fenzy after such changes constitutes acceptance of the updated policy.

13. Additional Resources

For more information about the DMCA and copyright law:

• Full Text of DMCA
• U.S. Copyright Office
• Copyright FAQs

14. Contact Information

Last Updated: November 29, 2024

This DMCA Policy is part of our Terms of Service. By using Fenzy, you agree to comply with this policy and respect the intellectual property rights of others.