DMCA COPYRIGHT POLICY
FertileGirl LLC d/b/a Robyn (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (“DMCA”) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Company takes claims of copyright infringement seriously. As outlined in Company’s Terms of Service, each user is responsible for ensuring that the content they upload to Company’s website and services (the “Services”) does not infringe any third party’s copyright. If Company believes that a user’s conduct has violated Company’s Terms of Service or if Company receives a valid notification from a third party (as set forth below) that any of a user’s content infringers the copyright or other rights of that third party, the user will receive a warning and any allegedly infringing content uploaded by the user will be removed or access to it will be disabled. In appropriate circumstances, such as if a user receives two or more warnings, the user’s access to the Services will be terminated. Company reserves the right to terminate a user’s account if the user account has received fewer than two warnings. If a user believes that his or her content was removed or access to it was disabled in error, or that his or her content was misidentified, the user may submit a counter-notification, as described below. Company reserves the right to remove and/or disable access to content, decline to restore content and/or access to it, or suspend and/or terminate a user’s account if we have a good-faith belief that the user’s content violates the Company’s Terms of Service. For the Company’s termination policy, see the Company’s Terms of Service.
The contact information of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed below and is also registered with the U.S. Copyright Office.
Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through the Services infringes your copyright, you may request that such material or content be removed from the Services by submitting a written notification (a “Takedown Notice”) to our Designated Agent (listed below) in accordance with the DMCA. The DMCA Takedown Notice must contain substantially the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials alleged to have been infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
Contact information of the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please submit your DMCA Takedown Notice to the Designated Agent to Receive Notification of Claimed Infringement for Company at
If your DMCA Takedown Notice fails to comply with all of the requirements set forth in Section 512(c)(3) of the DMCA, your DMCA Takedown Notice may not be effective.
Procedure for Submitting a Counter-Notification:
If you believe that content you posted or uploaded to the Services was removed or access to it was disabled as the result of a mistake or misidentification of content, you may file a counter-notification with Company (a “Counter-Notification”) in accordance with the DMCA. The Counter-Notification must contain substantially the following:
Your physical or electronic signature;
An 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;
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; and
Your name, address, and telephone number, and 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 your address is outside of the United States, for any judicial district in which Company may be found, and that you will accept service of process from the person who submitted the Takedown Notice or an agent of such person.
If your Counter-Notification fails to comply with all of the requirements set forth in Section 512(g)(3) of the DMCA, your Counter-Notification may not be effective
Please submit your Counter-Notification to the Designated Agent to Receive Notification of Claimed Infringement for Company at firstname.lastname@example.org
or mail to:
426 S. McCadden Pl, Los Angeles CA 90020
We will send any complete Counter-Notifications we receive to the person who submitted the original DMCA Takedown Notice. That person may elect to file a lawsuit against you for copyright infringement. The DMCA allows us to restore the removed or disabled content if the party who filed the Takedown Notice does not file a court action against you within ten business days of receiving a copy of your Counter-Notification.
In submitting any DMCA Takedown Notice or Counter-Notification, please make sure that all information you include is accurate. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys’ fees.