Copyright & DMCA

Copyright Notice

Copyright (c) FOLLOW MY LTD

Subject to the express provisions of these terms and conditions:
The licensors (namely the Creators), own and control all the copyright and other intellectual property rights for any material uploaded to their own account on Xlockr

License to use website
You may:
(a)    view pages from Xlockr in a web browser;
(b)    download pages from Xlockr for caching in a web browser;
(c)    stream audio and video files from Xlockr; and
(d)    use Xlockr services by means of a web browser,
        subject to the other provisions of these terms and conditions.

Except as expressly permitted, you must not download any material from Xlockr or save any such material to your computer. You may only use Xlockr for your own personal and business purposes, and you must not use Xlockr for any other purposes. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on Xlockr. Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from Xlockr (including republication on another website);
(b)    sell, rent, or sub-license material from Xlockr;
(c)    show any material from Xlockr in public;
(d)    exploit material from Xlockr for a commercial purpose; or
(e)    redistribute material from Xlockr.
(f)    screenshot or screen record any content;

We reserve the right to restrict access to areas of Xlockr, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on Xlockr.



DMCA (Digital Millenium Copyright Act)

DMCA stands for Digital Millennium Copyright Act. It protects content creators by making it a criminal offense to produce and share content without the owner’s permission. 

If you or anyone you know has been on the receiving end of having your material stolen, you will know how frustrating it can be. This was why the Act was introduced, because of the increase in stolen content being distributed elsewhere online. 

If you find any of your own personal Xlockr posts distributed on another platform, which you have given no permission to, this is when the DMCA takedown process can begin. The notice applies as to where the content is being physically hosted (the website itself).
We would advise filing a report/submitting a DMCA takedown application to the website.

This DMCA Takedown Policy is to be used only for reporting infringing content published on www.xlockr.com. To request assistance with removing infringing material found on other websites, please contact us here: https://www.xlockr.com/contacts.  
 
DMCA Notice & Takedown Policy and Procedures
Although our website (“Site”) is not based in the United States, we respect the intellectual property rights of copyright holders and thus have chosen to voluntarily comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act (“DMCA”).  This Site qualifies as a “Service Provider” within the meaning of 17 U.S.C (S 512(k)(1)) of the DMCA.  Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the “safe harbor” provisions.  We respect the intellectual property of others, and we 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. 
  
Notice of Claimed Infringement
If you believe that your work has been copied and published on www.xlockr.com in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent (identified below) with the following information:
(a)     an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b)     description of the copyrighted work or other intellectual property that you claim has been infringed;

(c)     a description of where the material that you claim is infringing is located on the Site (preferably including specific URLs associated with the material);

(d)     your address, telephone number, and email address;

(e)     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,

(f)     a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

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

Stephens Scown LLP
6th Floor, 2 Kingdom Street,
London, W2 6JP


enquiries@stephens-scown.co.uk
&
servicedesk@xlockr.com

Take Down Procedure
The Site implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement.  The Site reserves the right at any time to disable access to or remove any material or activity accessible on or from any Site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the DMCA. The Site’s 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 shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. When the Designated Agent receives a valid Notice, the Site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, 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 will replace the material at issue within ten to fourteen (10-14) days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.  
 
DMCA Counter-Notification Procedure
If the Recipient of a Notice of Claimed Infringement believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) & (3) of the DMCA.  A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice.  The information that a Recipient provides in a counter-notification must be accurate and truthful, and 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:

(a)     a specific description of the material that was removed or disabled pursuant to the Notice;
(b)     a description of where the material was located within the Site or the content (as defined within the Site’s Terms & Conditions or User Agreement) before such material was removed and/or disabled (preferably including specific URLs associated with the material);
(c)     a statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously.  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 as a result of mistake or misidentification of the material to be removed or disabled.”

(d)     the Recipient's physical address, telephone number, and email address; and,  
(e)     a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.  

Written notification containing the above information must be signed and sent to:
Stephens Scown LLP
6th Floor, 2 Kingdom Street,
London, W2 6JP


enquiries@stephens-scown.co.uk
&
servicedesk@xlockr.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 formal legal process, and 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, and We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content. 

Thereafter, within ten to fourteen (10-14) days of Our receipt of a counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Agent 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.   

Once you have submitted a DMCA notice, the website will need to acknowledge and confirm the alleged copyright infringement report before proceeding to take down the identified material.

Some websites may ask for proof from the owner of the copyrighted ownership, such as a photo of your ID document, so that they know the request is genuine and can, therefore, remove the content quickly and efficiently.

The DMCA email should be enough to have the content removed. However, if this is not the case, we would advise seeking legal advice.
If you have seen any of your content posted anywhere illegally online and wish for our team to act on your behalf to get this taken down, please contact us at servicedesk@xlockr.com