DMCA and Copyright Takedown Policy

Flinque DMCA and Copyright Takedown Policy

The short version, if you need to report copyright infringement

If you believe material on Flinque infringes your copyright, you can send us a takedown notice under the Digital Millennium Copyright Act (DMCA). We review properly formatted notices promptly and remove infringing material. If you think your content was removed by mistake, you can file a counter-notice. We terminate accounts of repeat infringers.

This page explains exactly what to include in a takedown notice, how to submit one, what happens after you submit, the counter-notice procedure, and consequences for false or fraudulent claims (which are themselves illegal under the DMCA).

To submit a DMCA notice, see Section 5 for the Designated Agent details.

1. Purpose and Legal Framework
2. Our Commitment to Copyright Respect
3. Scope of This Policy
4. Before You Submit a Notice
5. Designated Copyright Agent
6. How to Submit a DMCA Notice
7. Required Notice Elements
8. What Happens After Submission
9. Counter-Notice Procedure
10. Repeat Infringer Policy
11. False or Fraudulent Notices
12. International Copyright Claims
13. Trademark and Other IP Claims
14. Record Keeping and Transparency
15. Contact for DMCA Matters

1. Purpose and Legal Framework

This DMCA and Copyright Takedown Policy explains how Flinque responds to claims of copyright infringement on the Flinque influencer marketing platform under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

As an online service provider, Flinque qualifies for the DMCA’s Safe Harbor protections when we respond to valid takedown notices in accordance with the statute. This policy describes our procedures for receiving, reviewing, and acting on such notices.

The DMCA is US federal law. We also honor equivalent copyright takedown procedures under the laws of other countries where Flinque operates (see Section 12).

2. Our Commitment to Copyright Respect

Flinque respects the intellectual property rights of creators, businesses, and all rights holders. We expect the same from our users. Our approach is built on four commitments:

• Prompt response: valid takedown notices are reviewed and acted on without undue delay
• Fair process: users whose content is removed receive notice and an opportunity to submit a counter-notice
• Repeat infringer termination: accounts that repeatedly infringe are terminated
• Abuse prevention: false or fraudulent takedown notices have consequences, including possible legal action against the submitter

These commitments apply equally to all rights holders, regardless of size or relationship with Flinque.

3. Scope of This Policy

This policy applies to copyright claims involving material hosted on, transmitted through, or accessible via Flinque. Covered material may include:

• User-uploaded content in customer workspaces
• Images, videos, or files stored or shared through the platform
• Text content in outreach templates, campaign notes, or exports
• Content embedded in communications sent through platform features
• Public profile content surfaced in our creator directory

3.1 What this policy does not cover

• Third-party sites: content on social media platforms (Instagram, TikTok, YouTube, X) is governed by those platforms’ own DMCA procedures; we cannot remove content from sites we do not control
• Fair use disputes: we cannot adjudicate fair use; these are matters for courts
• Trademark, patent, and other IP: see Section 13 for trademark procedures and our Intellectual Property Rights Policy for other IP matters

4. Before You Submit a Notice

Before submitting a DMCA notice, consider the following:

4.1 Are you the rights holder or authorized agent?

Only the copyright owner or someone authorized to act on their behalf can submit a DMCA notice. If you are acting on behalf of a rights holder, you must have explicit authorization.

4.2 Is the material actually infringing?

Consider whether the use might be covered by fair use, licensing, public domain, or other legal basis before submitting. Submitting notices in bad faith (for example to silence criticism, suppress competition, or harass) is a violation of the DMCA itself.

4.3 Is this the right place to report?

If the infringing material is on a third-party platform like Instagram, TikTok, YouTube, or X, you should submit your notice to that platform directly. Flinque can only act on material hosted by or transmitted through our service.

4.4 Consider contacting the user first

Many copyright concerns can be resolved quickly by contacting the user directly. This is not required, but it is often faster and more proportionate than a formal takedown.

5. Designated Copyright Agent

Flinque has designated a Copyright Agent to receive DMCA notices. Notices should be sent to:

Our Designated Agent is registered with the United States Copyright Office in accordance with DMCA requirements. Registration details are publicly searchable at dmca.copyright.gov.

Notices that do not reach our Designated Agent may be delayed. For the fastest response, use the online submission channel above.

6. How to Submit a DMCA Notice

There are two ways to submit a DMCA notice to Flinque:

6.1 Online submission (recommended)

Use our contact page with the category set to “DMCA Takedown”. Online submissions are logged, routed immediately to the Copyright Agent, and typically acted on faster than postal submissions.

6.2 Postal mail

Send written notices to the Designated Agent address in Section 5. Postal submissions take longer to process due to handling times.

6.3 Language and format

Notices should be submitted in English. Notices in other languages may be accepted but will typically take longer while we arrange translation. All notices must include the specific elements in Section 7 to be valid under the DMCA.

7. Required Notice Elements

For a DMCA notice to be effective under 17 U.S.C. § 512(c)(3), it must include all of the following:

7.1 Sample notice language

The following language satisfies elements 5 and 6:

7.2 Incomplete notices

Notices missing required elements may not qualify for DMCA processing. We will typically notify the sender of missing elements and request completion before taking action.

8. What Happens After Submission

After we receive a DMCA notice, our process generally follows these steps:

• Acknowledgment: we confirm receipt of your notice within 2 business days
• Review: our Copyright Agent reviews the notice for completeness and validity
• Action on valid notices: we remove or disable access to the identified material, typically within 5 business days
• User notification: we notify the account holder whose material was removed, including a copy of the notice and information about the counter-notice procedure
• Logging: all notices and actions are logged for our repeat infringer tracking

8.1 Complex or disputed notices

Complex notices (for example where fair use or licensing is claimed in a counter-notice) may take longer to process. We keep both parties informed during review.

8.2 We do not mediate disputes

Flinque does not make judgments about whether use is lawful (for example whether fair use applies). Our role is to follow the DMCA’s notice and counter-notice procedure. Substantive copyright disputes must be resolved by the parties, often through court proceedings.

9. Counter-Notice Procedure

If you believe your content was removed due to a mistake or misidentification, you can submit a counter-notice under 17 U.S.C. § 512(g).

9.1 Required counter-notice elements

A valid counter-notice must include:

• Your physical or electronic signature
• Identification of the material that was removed and its location before removal
• A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification
• Your full name, address, and telephone number
• A statement consenting to the jurisdiction of the federal court in the district where you reside (or, if outside the United States, the Federal District of Massachusetts) and that you will accept service of process from the person who submitted the original notice

9.2 Counter-notice process

• We forward a copy of your counter-notice to the original complainant
• We tell them we will restore the material in 10 to 14 business days
• If the complainant files a court action against you in that window, we keep the material removed
• If they do not file within 10 to 14 business days, we restore the material

9.3 Where to submit

Counter-notices should be sent to the Designated Copyright Agent using the same channels as DMCA notices (Section 5).

10. Repeat Infringer Policy

Flinque terminates accounts of repeat copyright infringers in accordance with 17 U.S.C. § 512(i). Our implementation:

• Strike tracking: we maintain a record of valid DMCA takedowns associated with each account
• Warnings: the first valid takedown triggers a warning to the account holder
• Further strikes: subsequent valid takedowns result in temporary suspension and final warning
• Termination: accounts that accumulate multiple valid takedowns (generally three within 12 months, with reasonable discretion for the severity and pattern of infringement) are terminated
• Counter-notice considerations: where a counter-notice is valid and the complainant does not pursue court action, the corresponding strike is removed from the account’s record

Severe single instances (for example large-scale pirated content uploads) may result in immediate termination without progressive strikes.

Terminated accounts are prohibited from reopening or creating new accounts, and associated identifiers may be retained under our fraud prevention provisions (see our Data Retention Policy).

11. False or Fraudulent Notices

Under 17 U.S.C. § 512(f), anyone who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys’ fees.

Common forms of abuse we watch for:

• Notices filed to silence criticism, competitors, or disliked speech
• Notices claiming copyright in material the sender does not actually own
• Bulk notices submitted without reviewing individual content
• Notices used as a substitute for legitimate dispute resolution

Flinque may take the following actions against senders of fraudulent notices:

• Decline to process future notices from the sender
• Report the sender to affected users for their own legal action
• Pursue our own legal remedies where Flinque has been harmed
• Cooperate with law enforcement where fraud is suspected

The same consequences apply to fraudulent counter-notices under 17 U.S.C. § 512(f).

12. International Copyright Claims

For rights holders outside the United States, we accept and process copyright claims under equivalent frameworks:

• European Union: claims under the Copyright Directive and national implementations, including Article 17 requirements
• United Kingdom: claims under the Copyright, Designs and Patents Act 1988 and related regulations
• Canada: claims under the Copyright Act and the Notice and Notice regime
• Australia: claims under the Copyright Act 1968
• Other jurisdictions: we follow applicable local frameworks where they apply to our service

International claims should include the same substantive elements as a DMCA notice (identification of the work, the infringing material, contact information, and an authorization statement). We may ask for additional information specific to the local framework where needed.

All international claims are routed through our Designated Copyright Agent.

13. Trademark and Other IP Claims

The DMCA applies specifically to copyright. Other intellectual property claims are handled separately.

13.1 Trademark claims

Trademark infringement or unauthorized use of marks should be reported through our contact page with the category “Trademark Concern”. Trademark notices should include:

• The trademark at issue (registration details or common law rights)
• The allegedly infringing use
• Your authority to act on behalf of the mark holder
• Your contact information

13.2 Patent and trade secret claims

Patent infringement or trade secret misappropriation claims require formal written notice through the Designated Agent address in Section 5.

13.3 Other IP

For other intellectual property matters, see our Intellectual Property Rights Policy.

14. Record Keeping and Transparency

We maintain records of DMCA activity for compliance and transparency purposes.

• Notice records: copies of notices, counter-notices, and actions taken, retained for 5 years
• Account strike records: maintained for the life of the account and beyond per our Data Retention Policy
• Transparency: we may publish aggregate statistics about DMCA activity from time to time
• Third-party submissions: we may share de-identified notice records with research organizations that study copyright enforcement, consistent with privacy obligations

Submitters’ contact information is treated as confidential except as required by law or to affected users during the counter-notice process (which is required by the DMCA).

15. Contact for DMCA Matters

For DMCA notices, counter-notices, trademark claims, or general questions about this policy, contact our Designated Copyright Agent.