DMCA Policy

1. Introduction

FLX Network LLC ("FLX Network", "we", "us", or "our") respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement committed using the FLX Network platform that are reported to our Designated Copyright Agent.

2. Scope of Platform

FLX Network is an online marketplace connecting independent fitness professionals with clients. Trainers and users may upload, post, or transmit content (including but not limited to text, images, videos, and profile information) to our platform. FLX Network does not pre-screen all user-generated content and users are solely responsible for the content they publish.

3. Filing a DMCA Takedown Notice

If you are a copyright owner or an agent thereof and believe that any content hosted on FLX Network infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the platform are covered by a single notification, a representative list of such works;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g., providing the specific URLs);
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5. Takedown Process

Upon receipt of a valid and complete DMCA notice, FLX Network will investigate the claim. If we determine the notice is valid, we will expeditiously remove or disable access to the infringing material. We will also take reasonable steps to notify the user who uploaded the material that it has been removed or access has been disabled.

6. Counter-Notification Process

If you believe that your content was removed (or to which access was disabled) by mistake or misidentification, you may send a written counter-notice to our Designated Agent containing the following information:

• Your physical or electronic signature;
• 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 disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which FLX Network may be found, and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.

If a valid counter-notice is received, FLX Network may send a copy of the counter-notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the content provider, the removed material may be replaced or access restored in 10 to 14 business days following receipt of the counter-notice, at our discretion.

7. Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, FLX Network has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users, subscribers, or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Misrepresentation Clause

Please be advised that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to severe legal liability, including damages, costs, and attorneys' fees incurred by us, the alleged infringer, or the copyright owner.

9. Limitation of Liability

FLX Network claims protection under the DMCA's "safe harbor" provisions (17 U.S.C. § 512). We do not assume any responsibility or liability for user-generated content, nor do we guarantee that any takedown process will result in permanent removal. Our actions are taken solely to comply with federal law and do not constitute an admission of liability or a legal judgment regarding the validity of any intellectual property claims.

10. Contact Information

For any questions regarding this DMCA Policy, please contact our Designated Copyright Agent at dmca@flxnetwork.net.