Flickawat Inc. (“Flickawat”) recommends each Content Creator review the Digital Millennium Copyright Act (“DMCA”) as found here http://www.copyright.gov/legislation/dmca.pdf

Flickawat and each visitor of Flickawat.com shall respect the intellectual property of each and every user. Each user is responsible for ensuring that the material they upload to the site does not infringe on any third party copyright. For the avoidance of doubt, it is not Flickawat’s responsibility to verify same and each creator shall hold Flickawat harmless in any action that may arise from a Copyright claim.

Flickawat, upon proper written notice, will promptly remove any and all content in accordance with DMCA regulatory requirements. Additionally, Flickawat reserves the right to terminate any account that does not respect the legal rights of other third parties.

DMCA CLAIM TO REMOVE COPYRIGHTED CONTENT
If you believe your work has been copied in a manner that warrants protection under the DMCA and qualifies as copyright infringement, you must provide Flickawat with a written notice containing the following information.

1. Your name, address, phone number and email address
2. The date of first discovery your work was potentially copied
3. A description of the copyrighted work you claim has been infringed
4. Where on the Flickawat site you found your work
5. A sworn notarized document UNDER THE PENALTY OF PERJURY stating the following:
   1. The work was not authorized by the copyright owner, its agent or the law.
   2. You are the lawful copyright owner or authorized agent to act on behalf of the copyright owner.
6. Your signature and date signed.

Submit this information to:
Flickawat, Inc.
75 S. Broadway, 4th Flr
White Plains, NY 10601
Attn: DMCA Claims

DMCA COUNTER CLAIM TO RESTORE COPYRIGHTED CONTENT
If you believe that your content has been removed by in error, please notify Flickawat with a written notice containing the following information.

1. Your name, address, phone number and email address
2. A description of the work removed
3. Where on the Flickawat site your work was located
4. A sworn notarized document UNDER THE PENALTY OF PERJURY stating the following:
   1. The work was removed or disabled due to a mistake of misidentification.
   2. You consent to the jurisdiction of the Federal District Court for your address, or if outside the United States, any jurisdiction in which Flickawat may be found, including the US District Court for the Southern District of New York; and
   3. You will accept service of process from the person who filed the Original DMCA notice or an agent of that person or entity.
5. Your signature and date signed.

Submit this information to:
Flickawat, Inc.
75 S. Broadway, 4th Flr
White Plains, NY 10601
Attn: DMCA Claims

TERMINATION POLICY

Flickawat reserves the right to terminate any account that has been found to violate any provisions of the DMCA.  The mere accusation and removal of material pending a DMCA investigation will not be grounds for termination.  However, when appropriate, and at Flickawat’s sole discretion, an account may be removed.

WARNINGS
If filing a DMCA claim or counter claim, please provide all the requested information above. If Flickawat requires additional information to process the claim or counter claim, please provide all such information to the necessary party within the requested time period. Failure to do so, will likely result in the termination of your claim.

In addition, please make sure all of the information provided is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DIABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

Flickawat may disclose any communications concerning DMCA claims or that of other intellectual property claims with necessary third parties, including but not limited to users who have posted the allegedly infringing material.

Please contact an Attorney with any questions regarding the procedure or policy’s of a DMCA claim or counter claim;  or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3) for more information.

Flickawat’s Copyright Agent
You may send a DMCA claim, a DMCA Counter Claim, or any inquiries regarding intellectual property to Flickawat’s Copyright Agent:

Flickawat, Inc.
75 S. Broadway, 4thFlr
White Plains, NY 10601
Attn:  DMCA Legal Dept.