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1. Loveandfriends Ltd does not condone copyright theft by anyone using or
operating any of the sites attached to our network.
2. The USA Digital Millennium Copyright Act is widely regarded the primary law that internet sites must comply with if they allow third parties to post content. As such, the DMCA provides "Safe harbour" provisions that keep a site from being sued for copyright infringement by users of the site. Although Loveandfriends Ltd is a UK based company - we aim to satisfy DMCA requirements as we believe that in doing so we also satisfy UK requirements and our own desire to be "Good corporate citizens"
DMCA Policy
3. This policy describes how information copyright holders must submit a claim to Loveandfriends Ltd. The policy applies both to members of the dating site (end-users looking for romance) as well as affiliate marketing partners and site operators who run their own sites on "The Loveandfriends Network".
4. Loveandfriends Ltd provides a technology platform for individuals and companies to run their own-branded internet dating sites. As such these members are specifically responsible for the legality of all content within their sites - in terms of copyright as well as other applicable laws such as libel, racial discrimination, public decency, etc. Loveandfriends does not pre-vet content on affiliated sites as it would be infeasible to do so, in the same manner that Facebook, MySpace, other dating networks and other platform providers, etc are not able to pre-vet content.
5. Loveandfriends will render all help necessary under requirements of the law and promptly process claims against any site(s) attached to its network but specifically denies liability for the content of these sites as it is provided by third parties who can upload it without permission from Loveandfriends Ltd
DMCA agent
6. The DMCA agent is Andrew Maccabe - Managing Director of Loveandfriends Ltd and should be contacted via Andy@loveandfriends.net in all matters relating to copyright.
Repeat Infringer Policy
7. Loveandfriends has a policy for dealing with members on it's sites who repeatedly are accused of infringing on the copyright of others.
Claim Process
8. Notices of Copyright infringement should be emailed to the DMCA Agent. The agent will determine if the claim includes all the required information called out in the DMCA Policy. If it does, the Agent will remove the content from public viewing. The Agent will not necessarily hard-delete it as the content may go back up in the future pending the review process.
- Exact website URL of the page(s) showing the copyright infringemnet
- Screenshot of the page showing the copyright violation
- Date/Time this was recorded
- Name/URL of the graphic if it is an image e.g. "www.loveandfriends.com/images/party-image23.jpg"
- How the page was found and navigated to - specifically the browser type, if a human entered the URL directly,
if it was found through a third party link, if it was found by a human or a spider/software crawling our sites,
if default URL or Cookies were in any way adjusted/manipulated to render the page. Examples
- "By directly typing 'www.smart-dating' into Chome browser v23.0"
- "By Googling 'Dating for vegetarians' then following link for NigelsEcodating/Search.asp on Chrome 23.0"
- "By our software crawling the site www.oldiedating.co.uk
9. The DMCA Agent will send an email to the alleged infringer telling them of the claim.
10. The allegedly infringing person will then has the option to send a counter-notice to the DMCA Agent. If this occurs, the Agent will immediately send a copy of it to the person who made the claim. The Agent will then have the option to republish the content no earlier than 10 days and no later than 14 days after sending the counter notice to the claimant unless he claimant sends notice that he is filing a lawsuit against the infringing member. If the lawsuit notice is received, the DMCA Agent will permanently delete the content from the site. At this point, the member and copyright holder are in the process of court-based litigation , but the site is not included in the litigation.
11. If the infringer doesn’t file a counter claim the DMCA Agent will wait to hear from the copyright holder. The copyright holder may serve a court-authorised legal notice asking for all identifying information the site has for the allegedly infringing member. If this occurs, and the copyright holder makes sure to satisfy requirements under the UK Data Protection Act the DMCA Agent will produce any information it has in response to the court-authorised legal notice. The purpose of this provision is to give the copyright holder sufficient information to file a lawsuit against the member in question.
12. Regardless of the outcome, the DMCA Agent will add the accused party to a list of people against whom copyright infringement claims have been filed. The Agent will then determine if the individual is a repeat infringer and if this should result in the termination of their account as per the repeat infringer policy.
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