Copyright Infringement / DMCA Policy
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. Capitalized terms not defined in this Copyright Infringement / DMCA Policy have the meanings given to them in the
Client Terms of Use, accessible here:
https://www.lexercise.com/about/legal/client-terms.
If a copyright owner believes any materials accessible on or from the Platform infringe the copyright owner’s copyright, the copyright owner may request removal of those materials (or access thereto) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512
et seq.) (“DMCA”), the written notice (the “
DMCA Notice”) must include substantially the following:
- A physical or electronic signature of the copyright owner or such copyright owner’s authorized agent;
- Identification of the copyrighted work the copyright owner believes to have been infringed or, if the claim involves multiple works on the Platform, a representative list of such works;
- Identification of the material the copyright owner believes to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact the copyright owner (including name, postal address, telephone number and, if available, e-mail address);
- A statement that the copyright owner has a good-faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that the person submitting the notice is authorized to act on behalf of the copyright owner.
The agent we have designated to receive DMCA Notices (the “
Copyright Agent”) is: Lexercise c/o Liz Jensen, Customer Operations Manager; Mailing Address: 213 W. Main St., #292 Elkin, NC 28621; Telephone: 1-919-747-4557; E-mail: info@lexercise.com. If the copyright owner fails to comply with all of the requirements of Section 512(c)(3) of the DMCA, the copyright owner’s DMCA Notice may not be effective. Please be aware that if a copyright owner knowingly materially misrepresents that material or activity on the Website or the Platform is infringing a copyright, the copyright owner may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “
Counter-Notice”) by submitting written notification to the Copyright Agent. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature;
- An 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 disabled;
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address);
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website or the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users of the Platform who are repeat infringers. We generally will treat a user as a repeat infringer if the user has been notified of infringing activity more than twice and/or has had a User Contribution removed from the Website or the Platform more than twice.
