DMCA policy

Updated: 5th January 2024

Introduction

This DMCA Takedown Policy is intended for reporting infringing content published on afrifan.com. If you need help removing infringing material found on other websites, please contact us at https://help.afrifan.com. Afrifan respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at our discretion, we may disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with violating the copyrights or other intellectual property rights of others.

DMCA Notice & Takedown Policy and Procedures

Although our website is not based in the United States, we respect the intellectual property rights of copyright holders and have voluntarily chosen to comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act ("DMCA"). As a Service Provider within the meaning of 17 U.S.C. § 512(k)(1) of the DMCA, we are entitled to certain protections from claims of copyright infringement under the DMCA's "safe harbor" provisions. We respect the intellectual property of others and ask our users to do the same. Thus, we observe and comply with the DMCA and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our customers, subscribers or users:

It is our policy to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate the accounts of those we determined to be "repeat infringers" without notice. If you are a copyright owner or an agent thereof and you believe that any content hosted on our website infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing us with the following information in writing:

Notice of Claimed Infringement

  1. • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. • Identification of the copyrighted work(s) claimed to have been infringed;
  3. • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address;
  5. • A statement that the complaining party has 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; and
  6. • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.

You may send your Notice of Claimed Infringement ("Notice") to:

Email: dmca@afrifan.com

Please do not send other inquiries or information to our Designated Agent. This policy only applies to infringing content published on afrifan.com. To report infringing material on other sites, please get in touch with the other site or your local authorities. Absent prior express permission, our Designated Agent is not authorised to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

Further information regarding notification and takedown requirements can be found in the DMCA here: PLAW-105publ304.pdf (congress.gov)

Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys fees under federal law. See; 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents - not to any other kind of abuse, infringement or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure you meet all legal qualifications before submitting a DMCA Notice to our Designated Agent.

Take Down Procedure

The Site follows a "notification and takedown" procedure when notified of claimed copyright infringement. The Site reserves the right to disable access to or remove any infringing material. The Site terminates accounts of repeat infringers if appropriate. The DMCA Notice Procedures are set forth in the preceding paragraph. If the Notice does not comply with §512 of the DMCA but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site attempts to contact the complaining party to help them comply with notification requirements. When the Designated Agent receives a valid Notice, the Site removes and/or disables access to the infringing material and notifies the affected user. The affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it replaces the material at issue within 14 days unless it receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.

We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the website is:

Afrifan : Copyright Agent 7th Dositheou street 1071 Para building Nicosia, Cyprus dmca@afrifan.com

DMCA Counter-Notification Procedure

If you receive a Notice of Claimed Infringement and believe that it is erroneous or false and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, you may submit a counter-notification pursuant to Section 512(g)(2) & (3) of the DMCA. A counter-notification is the proper method for disputing the removal or disabling of material pursuant to a Notice. The information provided in a counter-notification must be accurate and truthful. The Recipient will be liable for any misrepresentations which may cause any claims to be brought against the Site relating to the actions taken in response to the counter-notification.

To submit a counter-notification, please provide Our Designated Copyright Agent with the following information:

  1. • A physical or electronic signature of the user of the services;
  2. • 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;
  3. • A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled due to a mistake or misidentification of the material to be removed or disabled. For convenience, the following format may be used: “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider due to a mistake or misidentification of the material to be removed or disabled.”;
  4. • The user's name, address, telephone number, and email address;
  5. • A statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located or if the user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Written notification containing the above information must be signed and sent to:

Email: dmca@afrifan.com

All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.

Please do not send other inquiries or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of the formal legal process. Any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us. We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content.

Thereafter, within fourteen (14) days of Our receipt of a counter-notification, We will replace or cease disabling access to the disputed material provided that Our Designated Copyright Agent or we have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material on the Site's system or network.

Modifications to Policy

We reserve the right to modify or update this policy at any time without prior notice. Any changes to this policy will be effective upon posting on our website. Your continued use of our website after posting any changes to this policy constitutes your acceptance of those changes.

Customer Service Requests

Please note that the DMCA Agent is not associated with the Site in any other capacity but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the Site's customer service department.

If you have any questions or concerns regarding this policy or any complaints about possible copyright infringement on our website, please contact us at dmca@afrifan.com.


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