DMCA Policy

Falls Technology Group, LLC takes intellectual property rights very seriously and it is our policy to respond to clear notices of alleged copyright infringement. This DMCA Policy (“DMCA Policy”) (i) describes the information that should be present in these notices, (ii) is incorporated by reference into our Terms and Conditions, and (iii) is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, https://www.copyright.gov/dmca/). It is designed to make submitting notices of alleged infringement to use as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to verify. Unless otherwise stated, defined terms in this DMCA Policy have the meanings provided in our Terms and Conditions.

To file a notice of alleged infringement with us, you must provide a written notice that includes your full contact information and sets forth the items specified below.

1. The name, address, phone number, email address (if available) of the copyright owner or a person authorized to act on the copyright owner’s behalf;
2. Identification of copyrighted work(s);
3. Identification of infringing material you are asking us to remove or disable, and the Internet location of the infringing material;
4. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in the complaint is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.

You may submit the signed notification using our abuse reporting form.
Alternatively, you may email or send the signed notification to:

Falls Technology Group, LLC
ATTN: Legal Department
3200 South Westbrooke Lane, #100
Sioux Falls, SD 57106
Email: [email protected]

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyright. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Falls Technology Group, LLC may respond to take-down notices by removing or disabling access to the allegedly infringing material and/or by terminating services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the Customer and/or administrator of the affected site or content.

Falls Technology Group, LLC may document notices of alleged infringement it receives, and/or on which action is taken. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.

Upon receipt of notice from Falls Technology Group, LLC that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, Customer may provide a counter notice to Falls Technology Group, LLC

To be effective, a counter-notice must include ALL of the following information:

• A physical or electronic signature of the Customer;
• 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;
• A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• The Customer’s name, address, and telephone number, and a statement that the Customer consents to the Jurisdiction of Federal District Court for the judicial district in which the Customer is located, or if the Customer’s address is outside of the United States, the jurisdiction of the U.S. District Court for the State of South Dakota, and that the Customer will accept service of process from the complainant or the complainant’s agent.

Upon receiving a proper counter-notice, Falls Technology Group, LLC will take reasonable steps to restore the material in 10-14 business days unless the copyright owner commences court proceedings to prevent the restoration of the material and Falls Technology Group, LLC is informed of such proceedings.

Falls Technology Group, LLC in its sole discretion reserves the right to suspend or terminate the services of customers who are found to have repeatedly infringed the copyright (or intellectual property) of others.