This Intellectual Property and DMCA Policy ("Policy") sets forth the terms and conditions under which ABSavage Inc. ("we", "us", or "our") addresses claims of copyright infringement and intellectual property rights protection on our fitness website, iOS app, and related services. We offer subscriptions to fitness programs, courses, and access to our proprietary cadence rep technology and handcrafted music library. Our company is based in Florida, United States.
All content on our website, app, and related services, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of ABSavage or its content suppliers and protected by the United States and international copyright laws. Unauthorized use, reproduction, or distribution of our copyrighted materials is strictly prohibited.
Users who contribute content to our website, app, or related services are responsible for ensuring that they have the necessary rights and permissions to do so. By submitting or sharing content, users grant ABSavage a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute such content in connection with our services.
ABSavage and any other marks, logos, or graphics displayed on our website, app, or related services are trademarks or service marks of ABSavage and may not be used without our prior written consent.
Any trademarks or service marks not owned by ABSavage that appear on our website, app, or related services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ABSavage.
Our proprietary cadence rep technology may be protected by one or more patents or pending patent applications in the United States and other countries. Unauthorized use or duplication of our patented technology is strictly prohibited.
5.1 Designated Copyright Agent
In accordance with the Digital Millennium Copyright Act (DMCA), we will respond promptly to notices of alleged infringement that are reported to our designated copyright agent. Our designated copyright agent's contact information is as follows:
3309 NE 33RD STREET
FORT LAUDERDALE, FL 33308
5.2 Notice of Alleged Infringement you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please provide the following information to our designated copyright agent:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the website or app;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your content has been removed or disabled by mistake or misidentification, you may submit a counter-notice to our designated copyright agent containing the following information:
a. Your physical or electronic signature;
b. A description of the content that has been removed or disabled, and the location where the content appeared before it was removed or disabled;
c. A statement, under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification;
d. Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal district court in your area, and that you will accept service of process from the person who provided the original notification of the alleged infringement.
If a valid counter-notice is received by our designated copyright agent, we may, at our discretion, send a copy of the counter-notice to the original complaining party, informing them that we may restore the removed content or cease disabling access to it within 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be restored, or access to it may be re-enabled, within 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
In accordance with the DMCA, we will terminate, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to our website, app, or related services for users who infringe upon any intellectual property rights, whether or not there is any repeat infringement.
This Policy shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action or proceeding arising under this Policy will be brought exclusively in the federal or state courts located in Florida, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
We reserve the right to modify this Policy at any time. It is your responsibility to review this Policy periodically for changes. Your continued use of our website, app, or related services after any changes to this Policy constitutes your acceptance of those changes.
Please note that this is a more detailed outline, and you should consult a legal professional to help you finalize your Intellectual Property and DMCA Policy based on the specific needs of your company.
We take copyright and intellectual property rights infringement seriously, and we strive to ensure that our website, app, and related services are free from infringing content. However, we do not warrant or guarantee that the content available on our platform does not infringe upon any third-party rights. Your use of our website, app, or related services is at your own risk. In no event shall ABSavage or its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use our website, app, or related services, even if we have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless ABSavage, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys' fees, arising out of or related to any violation of this Policy, your use of our website, app, or related services, or any alleged infringement of any intellectual property or other rights of a third party by you or any content that you submit or share through our platform.
If you have any questions or concerns regarding this Intellectual Property and DMCA Policy,
please contact us at:
3309 NE 33RD STREET
FORT LAUDERDALE, FL 33308