Flightsim.to intends to fully comply with the Digital Millennium Copyright Act, including the notice and "take down" provisions.
Flightsim.to intends to fully comply with the Digital Millennium Copyright Act ("DMCA"), including the notice and "take down" provisions, and to benefit from the safe harbors immunising Flightsim.to from liability to the fullest extent of the law. Flightsim.to reserves the right to terminate the account of any member who infringes upon the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent.
Our Copyright Agent for Notice for Claims of Intellectual Property violations can be reached via [email protected] or via Flightsim E-Commerce, Carl-Zeiss-Straße 9, 55129 Mainz, Germany. If you must send your notice by physical mail, you can do that too, but it will take substantially longer for us to receive and respond to it. For faster processing, we recommend using e-mail delivery.
The DMCA requires that you swear to the facts in your copyright complaint under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration - see U.S. Code, Title 18, Section 1621. Submitting false information could also result in civil liability — that is, you could get sued for money damages. The DMCA itself provides for damages against any person who knowingly materially misrepresents that material or activity is infringing. Incorrect statements in your notification regarding whether material or activity constitutes copyright infringement may result in claims for damages, including costs and attorneys' fees. The law requires you to consider any counter-notices, restrictions, or exceptions before filing a complaint. In one case involving online content, a company was ordered to pay over $100,000 for costs and attorney fees; the content was protected by the U.S. "fair use" legal doctrine. If you are unsure whether material posted online infringes your copyrights, you should first contact an attorney.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Flightsim.to Copyright Agent with the following information. The more details and the more accurate your notification is, the faster we will be able to process your report.
We do our best to process all incoming requests with highest priority. However, the more details your complaint contains, the faster we can take action. Therefore, take special care to include all mandatory details, and if you want to speed up the process, attach some sample images, such as comparison images of the original and the infringing content, highlighting the similarities and differences of both files, to support your claims. You don't have to write a novel; it should only be obvious to us that there is definitely a copyright infringement.
Assuming the takedown notice is sufficiently detailed according to the statutory requirements, Flightsim.to will disable access to the content in question and notify the uploader of the content of the infringement. Our response may include blocking access to or removing allegedly infringing material and/or terminating accounts. If we remove or disable access to material as a result of such a notification, we may notify the uploader of the affected content to provide a counter-notification. Other users can not download or access the content anymore.
Please note: We are not the judge. We exercise little discretion in this process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties and their lawyers to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury. However, we understand that legal proceedings is not what both parties seek. We want to get this out of the way as easily as possible.
The user has the opportunity to make changes to his file and remove the alleged copyright infringement. He can then ask for the new file to be approved again if he assures us that the copyright infringement has been removed. In such a case, we inform the sender of the DMCA complaint that the copyright infringement has been removed and the user has uploaded a new file. The complainant can review this new file and decide if they want to uphold the complaint if they think the copyright infringement has not been removed, or if they want to drop the complaint, with the consequence that access to the new file will be re-enabled. If the complainant ignores further correspondence, we will consider the uploaded file to be a new file, and, if necessary, a new complaint must be filed.
Sometimes, the uploader believes his content was removed or disabled as a result of a mistake or misidentification and does not constitute a copyright infringement. We will then notify the complainant of this. In such a case, we share the complaining party's contact information (email address) with the user so that direct contact can be made for further discussion between both parties. Please note: We are not the judge and we are not allowed to interfere or take sides. Any communication is up to the parties. Either the complaining party informs us that they want to drop the complaint, or the complaining party continues to adhere to their complaint and does not engage in discussion with the user. In the latter case where the complaint is still uphold, we ask the user to file a formal DMCA Counter Notice as required by law if they still believe their content has been removed for no reason. Please read "DMCA Counter Notices" in this matter. If the user files a DMCA Counter Notice which complies with all legal requirements, the law requires us to wait 14 days and then re-enable the content unless the copyright owner initiates a legal action against the user before then. From that point on, it's up to the parties to solve the matter in court.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in the sole discretion of Flightsim.to, members who are deemed to be repeat copyright infringers. We may also in our sole discretion limit access to the Site and/or terminate the account of any member who infringes upon any intellectual property rights of others, whether or not there is any repeat infringement.
This guide describes the information that Flightsim.to needs in order to process a counter notice to a DMCA takedown request. If you believe your content was mistakenly disabled by a DMCA takedown request, you have the right to contest the takedown by submitting a counter notice. If you do, we will wait 14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This guide isn't legal advice and shouldn't be taken as such.
The DMCA requires that you swear to your counter notice under penalty of perjury. It is a federal crime to intentionally lie in a sworn declaration - see U.S. Code, Title 18, Section 1621. Submitting false information could also result in civil liability — that is, you could get sued for money damages. In order to file a counter notice, you must 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".
We require you to fill out all fields of a counter notice completely, because a counter notice is a legal statement — not just to us, but to the complaining party. As we mentioned above, if the complaining party wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain you from engaging in infringing activity relating to the content on Flightsim.to. In other words, you might get sued. Flightsim.to. exercises little discretion in this process other than determining whether the notices meet the minimum requirements of the DMCA. It is up to the parties and their lawyers to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.
If a copyright owner wishes to keep the content disabled after receiving a counter notice, they will need to initiate a legal action seeking a court order to restrain the user from engaging in infringing activity relating to the content on Flightsim.to. In other words, you might get sued. If the copyright owner does not give Flightsim.to notice within 14 days, by sending a copy of a valid legal complaint filed in a court of competent jurisdiction, Flightsim.to will re-enable the disabled content.
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