We provide an internet-based service to users and contractually prohibit our users from using our service to upload or store material that infringes third-party intellectual property rights, including copyright and trademark rights. User content is automatically uploaded and stored onto our websites at the direction of users. If you believe that content available on or through our FoxyTotes website, located at www.foxytotes.com or our FoxyTotes mobile applications (which are referred to collectively as “foxytotes”), or accessible via links posted on FoxyTotes, infringes one or more of your intellectual property rights, you or your agents may submit a notification to Modblu Media Group, LLC, the provider of FoxyTotes, as set forth in this policy. Please send a notification including all of the information described in this policy (“Notification”) to our Intellectual Property Rights Agent by mail or email using the contact information provided below. A copy of your Notification may be sent to the person who posted the material addressed in the Notification.
You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Thus, if you are not sure whether content located on or accessible via a link posted on FoxyTotes infringes your copyright, you should contact an attorney.
A Notification should include the following:
- Identification of the copyright, trademark or other rights claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity (or links to such material) and information reasonably sufficient to permit the service provider to locate the material or link so that it may be removed or access to it disabled. If possible, please provide links to the exact location so that we may quickly and more easily locate the material or link.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
Further, a Notification claiming an alleged copyright violation should include the additional following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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 owner of an exclusive right that is allegedly infringed.
Notifications should be sent to our Intellectual Property Rights Agent at:
Modblu Media Group, LLC
P.O. BOX 358316
Gainesville, FL 32635
Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, we will respond expeditiously to remove or disable access to, the material that is claimed to be infringing. In response to other Notifications, we will respond to your Notification expeditiously. We will also terminate in appropriate circumstances users who are repeat infringers.
Notifications may be forwarded to users whose material or links are the subject of the Notification and to Chillingeffects.org.