Flo Health, Inc., a Delaware corporation (“Company,” “we” or “us”) is a registered Service Provider with the United States Copyright Office (DMCA-1032455). Please refer to the Digital Millennium Copyright Act 17 USC 512.
Because users of our App can create user-generated content and post images that are shared within the App, we hereby urge you not to infringe any third-party intellectual property rights. However, if you consider that your intellectual property rights were infringed upon by the actions of any other user, you may submit a request to remove the infringing content (“takedown notice”) to us.
Before taking any legal actions and especially when you are not certain regarding the alleged infringement, please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm the requirements established for takedown notices.
Please describe the alleged infringements of your intellectual property rights in writing and substantially include the following:
1. Identification of your protected object for which infringement is claimed (e.g., a picture of a man in a hat, a picture of children playing in the yard, etc.).
You may include multiple objects belonging to you in one notice. When doing so, please ensure that a representative and comprehensive list of objects is provided to us.
Instead of or in addition to a detailed description, you may optionally provide us with screenshots or other images of your protected object. The screenshot(s) must include the object(s) as such and ensure that the distinctive features of the protected object(s) are well represented, including the date of its creation.
Please note that we accept and can process files in the following formats: JPG, GIF, PNG, TIFF, and PDF.
2. Identification of the content upon which infringement is claimed, for which removal is requested, or to which access is to be disabled.
Please provide a brief description of why you allege this content is an infringement.
Please also indicate who has posted the infringing content (user’s data or other related information for proper identification of the user).
You must also include information that will permit us to locate the infringing content (links/URLs to such content within our App or a detailed description of where we may find it).
Instead of links (URLs) to the infringing content, you may provide us with screenshots or other images of the infringing content. The screenshot(s) should include information to determine the location of the infringing content.
Please note that we accept and can process files in the following formats: JPG, GIF, PNG, TIFF, and PDF.
3. Your contact information.
Name and surname, mailing address, telephone number, and email address.
4. Please include the following statements to your notice:
I have a good faith belief that the reported use of the content described above and the manner in which infringement is alleged to occur are not authorized by the copyright owner, its agent, or the law. All the information provided by me in this notice is accurate. I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I acknowledge that, under Section 512(f), any party who knowingly materially misrepresents that material or activity is an infringement may be subject to liability for damages. I understand and agree that a copy of this takedown notice will be provided to the user that has posted the content that I consider an infringement.
Please ensure that the statements as represented above are fully correct and applicable to the reported use of content described by you in the manner infringing upon your intellectual property rights. If you disagree with one or all of the abovementioned statements, please, refrain from submitting a takedown notice.
5. Your physical or electronic signature.
You may submit your full name (name and surname) as your digital signature (for email communications).
You must ensure that you are acting as a party authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (e.g., you are the owner yourself).
If you are representing the interests of the owner of the protected object, please also include with your notice the corresponding confirmation that empowers you to act on said owner’s behalf (e.g., a power of attorney or another equivalent document).
Please note that we accept and can process files in the following formats: JPG, GIF, PNG, TIFF, and PDF.
IF YOU CAN NOT CONFIRM THAT YOU ARE ACTING ON BEHALF OF THE OWNER OF A PROTECTED OBJECT, YOUR TAKEDOWN NOTICE WILL BE DISREGARDED.
To submit your takedown notice, please contact Company’s Designated Agent:
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By regular mail:
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Phone number:
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By email:
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The Attention of Designated Agent Nadya Hadanovich Flo Health, Inc. 541 Jefferson Ave Ste 100 Redwood City, CA 94063-1700
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+13022321010
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We shall immediately inform you by email upon receipt of your submitted takedown notice.
If information is missing, we may contact you to request additional information needed to proceed with consideration of the submitted takedown notice. IF YOU FAIL TO PROVIDE THE INFORMATION REQUESTED, YOUR TAKEDOWN NOTICE MAY BE DISREGARDED.
After notifying you of receipt, we shall contact the other party to propose a resolution of the dispute and voluntary removal of the infringing content.
In general, the infringing content will be removed and/or access to it will be disabled, including when there is no response from the other party for a period exceeding two (2) business days. However, if the other party insists that the content does not constitute infringement, we may conduct additional research and request additional confirmation concerning the alleged infringement from you.
The procedure for submitting a counter-notice is presented in the next section. If the content posted by you was removed or disabled and you have a counter-notice to submit, please follow the procedure as described.
Please also note that in case of receipt of a counter-notice we shall replace the previously removed content and/or cease to disable access to it within ten to fourteen (10 to 14) business days following receipt of the counter-notice unless we first receive a notice from you that you have filed an action seeking a court order to restrain the user from engaging in infringing activity related to the content that is alleged to infringe upon your rights and located in our App.
In case of repeated infringements, access to the App may be limited for the user in question, and the user account may be disabled and/or terminated at our sole discretion and without prior notice to the user.
If you wish to submit a counter-notice to us in response to a takedown notice submitted against you, please follow the procedure described below. Please bear in mind that only written communication to us is accepted as a counter-notice.
A written counter-notice should substantially include the following:
1. Identification of the content that has been removed (or access to which has been disabled).
Please describe in detail your exact content that was removed (or access to which was disabled). E.g., a picture of a man in a hat, a picture of children playing in the yard, etc.
Instead of or in addition to a detailed description, you may optionally provide us with screenshots or other images of the removed content. The screenshot(s) must include the content as such and ensure that the distinctive features of the removed content are well represented, including the date of its creation.
Please note that we accept and can process files in the following formats: JPG, GIF, PNG, TIFF, and PDF.
2. The location at which the content appeared before it was removed (or access to it was disabled).
Please provide us with a link (URL) to the removed (disabled) content within our App and/or a detailed description of where it was previously located (in which topic, when the message containing the removed/disabled content was posted, i.e., the exact time and date, and other relevant information that you possess).
3. Your contact information.
Name and surname, mailing address, telephone number, and email address.
4. Please include the following statements to your counter-notice:
Under penalty of perjury, I have a good faith belief that the content was removed or disabled by mistake or misidentification of the content to be removed or disabled. I do hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which the Company may be found. I will accept service of process from the party who submitted the takedown notice concerning the removed (or disabled) content or an agent of said party. I understand and agree that a copy of this counter notice will be provided to the user that has submitted a takedown notice and upon the request of whom the content was removed (disabled).
5. Your physical or electronic signature.
You may submit your full name (name, surname) as your digital signature (for email communications).
Upon takedown notice receipt we shall inform the user that has posted the content alleged to be infringing by providing a copy of a notice received.
In case if the content was removed or disabled, we shall additionally inform the user that has posted this content about its removing/disabling right after the appropriate action is accomplished by us.
Upon receipt of a counter-notice submitted after notification of removing/disabling the content, we shall immediately inform by email the party that submitted the counter-notice using that party’s contact information.
Upon receipt of a counter-notice, we shall immediately provide the party who submitted the takedown notice with a copy of counter-notice and inform that party that we shall replace the removed content or cease to disable access to it in ten (10) business days.
If no further action is taken by the party who has submitted the initial takedown notice, we shall replace the removed material and/or cease to disable access to it within ten to fourteen (10 to 14) business days following receipt of the counter-notice. We shall not replace the removed material and/or cease to disable access to it in case if we first receive a notice from the party who submitted the initial takedown notice that an action has been filed seeking a court order to restrain the infringing party from engaging in infringing activity related to the content posted and located in our App.
The Company’s liability as a Service Provider is limited and Company does not bear any responsibility for any and all actions committed by its users and infringing upon third-party intellectual property rights to the maximum extent permitted by applicable law.
We reserve the right to amend or revise this Policy at our sole discretion and without prior notification of the users. Users must familiarize themselves with this Policy regularly and check for any updates or revisions on their own.
New versions of this Policy will be published on this website and will be accessible via the same link (URL). All previous versions of the present Policy (if any) shall remain available separately on this website for your convenience.