Last modified: 25 August 2024
We take claims of copyright infringement seriously. We will respond to notifications of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (the "DMCA") or other applicable intellectual property legislation or law. Responses may include deleting, blocking or disabling access to material alleged to be the subject of infringing activity, terminating the user's access to fgirl.ch (« Fgirl »), or any of the above.
If you believe that something accessible on Fgirl infringes your copyright, you may submit a notice of copyright infringement (see below, "Filing a DMCA notice of copyright infringement" for instructions on filing such a notice). These requests should only be submitted by the copyright owner or by an agent authorised to act on the owner's behalf.
If we remove or disable access to material in response to such a notification, we will take reasonable steps to notify the user who downloaded the affected content of the material that we have removed or disabled access so that the user has an opportunity to submit a counter-notification (see below, "Counter-Notification Procedures" for instructions on submitting a counter-notification). It is our policy to document all notifications of suspected infringement that we act upon.
All notifications and counter-notifications of copyright infringement must be in English or French. Any attempted notification in a foreign language or in foreign characters may, at our discretion, be considered non-compliant and disregarded.
If you decide to request the removal of content by sending a notice of infringement, remember that you are initiating legal proceedings. Do not make false statements. Misuse of this procedure may result in suspension of your account or other serious and costly legal consequences.
You can inform Fgirl of a suspected copyright infringement using the form available at the following address https://www.en.fgirl.ch/dmca-form. This form is designed to help you identify your content accurately and speed up the content removal process.
We also accept notifications of copyright infringement in free form. In this case, in accordance with the DMCA, the written notice (the "DMCA Notice") must include substantially all of the following:
Our designated copyright agent for receiving DMCA notifications is :
Please do not send any further questions or requests to our designated copyright agent. Without express prior authorization, our designated copyright agent is not authorized to accept or waive service of any formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices (as defined below) is expressly rejected.
If you do not comply with all the requirements of section 512(c)(3) of the DMCA, your DMCA notification may not be effective.
Please be aware that if you knowingly misrepresent that material or activity on Fgirl infringes your copyright, you may be liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
The name of the copyright holder will be published on Fgirl in place of the disabled content. This will form part of the public record of your DMCA Notice, along with your description of the allegedly infringing work(s). Any information provided in a DMCA Notice, the DMCA Notice itself (including your personal information), or both, may be forwarded to the uploader of the allegedly infringing content. By submitting a DMCA Notice, you consent to the disclosure of your information in this manner.
If you have received a DMCA notice and you believe that material you posted on Fgirl has been removed or access to that material has been disabled by mistake or misidentification, you may file a counter-notification with us. Counter-notifications must be submitted by the original uploader of the image or the original uploader of the video, or by an agent authorised to act on their behalf.
Counter-notifications should be sent to our designated agent :
Please do not send any further questions or requests to our designated copyright agent. Without express prior authorization, our designated copyright agent is not authorized to accept or waive service of any formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices (as defined below) is expressly rejected.
In accordance with the DMCA, the counter-notification must contain the following essential elements:
We will not respond to counter-notifications that do not fully meet the above conditions.
After receiving your counter-notification, we will forward it to the party who submitted the original DMCA notice and inform them that the removed material may be restored after ten (10) business days and no later than fourteen (14) business days from the date of receipt of your counter-notification, unless our designated agent first receives notice from the party who submitted the original DMCA notice that that party has taken legal action to prevent you from engaging in infringing activity related to the material in question.
Please note that when we send your counter-notification, it will contain your personal information. By submitting a counter-notification, you consent to the disclosure of your information. We will not pass on the counter-notification to any party other than the original requester, nor to law enforcement authorities or parties who assist us in enforcing and protecting our rights.
Please note that if you knowingly misrepresent that material or activity on Fgirl has been removed or disabled by mistake or misidentification, you may be liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating or disabling, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also, in our sole discretion, restrict access to Fgirl, terminate or deactivate the accounts of any user who infringes the intellectual property rights of others, whether or not there is any repeat infringement.
