Complaints Policy
Effective date: January 17th, 2024
Introduction
This document outlines our complaints policy, which is an integral part of the agreement between FanRealm Inc. (“FanRealm”) and our users. The FanRealm Service (as that term is defined in the Terms of Use) is operated by FanRealm, a company registered under the laws of Ontario, Canada, with its registered office located at 7398 Yonge Street, 2200 6d, Thornhill, ON, Canada.
Interpretation
Interpretation: Within this Complaints Policy, all defined terms have the meanings provided in the Terms of Use for all Users. Additionally, "business days" refers to any day that is not a Saturday, Sunday, or public holiday in Canada.
This Complaints Policy is accessible to all individuals, whether or not they are Users of the FanRealm Service in order to allow them to report any complaints related to the Service to FanRealm.
To register a complaint about FanRealm, including concerns about Content on the Service or any conduct by a User, please forward your complaint to support@FanRealm.com. Be sure to include your name, address, contact details, a description of your complaint, and the URL link to the relevant Content and/or User profile, if applicable.
If email communication is not feasible, you may submit your complaint in writing to: 7398 Yonge Street, 2200 6d, Thornhill, ON, Canada.
Upon receiving a complaint about illegal or non-consensual Content, FanRealm will promptly investigate the complaint, taking appropriate steps within a reasonable timeframe. If additional information is needed, we will contact you to request such information. We will conduct a good-faith investigation within seven (7) business days. If we determine that the relevant Content is unlawful and/or non-consensual, we will promptly remove it and notify you of our determination via email or messaging through the Service, or another means of written or electronic messaging. In the event of a dispute over our determination that Content is non-consensual, we may refer the matter to a neutral arbitration association or mediator.
At FanRealm, we strongly support the rights of all creators. We take copyright and other intellectual property infringement seriously. Complaints related to copyright infringement by a Creator or another User must be submitted to our attention at support@fanrealm.com so that we may evaluate each complaint and address them as we deem appropriate.
We strive to respond to complaints promptly and appropriately. After receiving any complaint (including those related to breaches of our Acceptable Use Policy), we initiate an appropriate investigation within a reasonably prompt timeframe. We will reach out to you for more information if we determine that additional information is required in connection with your complaint. We will promptly take actions to address the issues raised in your complaint. If we determine that any Content violates our Acceptable Use Policy, we will swiftly remove it.
If you are a User, you pledge not to submit any unjustified, abusive, or bad-faith complaints under this Complaints Policy and you warrant that any complaint that you submit pursuant to this Complaints Policy are valid, truthful, and without malice. Breach of this commitment may lead to the suspension or termination of your user account.
DMCA Takedown Policy
Effective date: January 17th, 2024
Introduction
This Digital Millennium Copyright Act (DMCA) Takedown Policy is specifically drafted to facilitate the reporting of infringing content hosted on the FanRealm platform and Service. To report any infringing material found on the Service or any other FanRealm website, please submit the required information to: support@fanrealm.net
DMCA Notice & Takedown Policy and Procedures
Though our Service operates outside of the United States, we strive to adhere to the Notice and Takedown provisions of the DMCA to ensure the utmost respect for the intellectual property rights of all creators and copyright holders. Recognized as a "Service Provider" under 17 U.S.C. § 512(k)(1) of the DMCA, the Service is afforded certain protections within the DMCA's "safe harbor" provisions. We strongly emphasize our commitment to supporting intellectual property rights and have instituted the following Notice and Takedown Policy to address claims of copyright infringement by all our customers, subscribers, and users.
Notice of Claimed Infringement
If you believe that your work has been copied and published on or through the FanRealm website or Service in a violation of your intellectual property rights and/or in a manner that constitutes copyright infringement, please provide our Designated Copyright Agent (identified below) with the following information:
An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
Description of the copyrighted work or other intellectual property allegedly infringed;
Description of the precise location on the Site where the infringing material is situated, preferably including specific URLs associated with the material;
Your address, telephone number, and email address;
A statement confirming your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement, made under penalty of perjury, asserting the accuracy of the information in your notification and affirming your status as the copyright or intellectual property owner or an authorized representative.
You may send your Notice of Claimed Infringement ("Notice") to: support@fanrealm.com
Kindly refrain from sending other inquiries or information to our Designated Copyright Agent, as this policy exclusively pertains to infringing content published on the FanRealm Service. To report infringing material on other sites, please contact us directly at https://fanrealm.com/contacts. Our Designated Agent, absent prior express permission, is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.
For additional information on notification and takedown requirements, refer to the DMCA at http://www.law.cornell.edu/uscode/text/17/512.
Abuse Notification
Abusing the DMCA Notice procedures or misrepresenting facts therein may result in legal liability for damages, court costs, and attorneys' fees under United States federal law (17 U.S.C. § 512(f)) and such other Canadian and other laws as may apply in your jurisdiction. These procedures specifically apply to claims of copyright infringement by copyright holders and their agents, excluding other forms of abuse, infringement, or legal claims. We undertake to investigate and take action against any abuse of the DMCA notification or counter-notification procedure and advise submitters to ensure they meet all legal qualifications before filing a DMCA Notice.
Take Down Procedure
Upon receiving a notification of claimed copyright infringement, the FanRealm platform or Service follows a "notification and takedown" procedure. FanRealm reserves the right to disable access to or remove any material or activity on or from the Service if we, in our sole and absolute discretion, deem it to be infringing. The Service's policy mandates the termination of accounts of repeat copyright infringers when appropriate. FanRealm expeditiously acts to remove access to all material infringing on another's copyright.
DMCA Counter-Notification Procedure
If the Recipient of a Notice of Claimed Infringement believes that the Notice is erroneous or false, they may submit a counter-notification under Section 512(g)(2) & (3) of the DMCA. A counter-notification is the proper method to dispute the removal or disabling of material pursuant to a Notice. The Recipient must provide accurate and truthful information in the counter-notification, assuming liability for any misrepresentations that may lead to claims against the Site.
To submit a counter-notification, provide our Designated Copyright Agent with the following information:
Specific description of the material removed or disabled pursuant to the Notice;
Description of the material's previous location within the Site before removal or disabling, preferably including specific URLs associated with the material;
A statement reflecting the Recipient's belief that the removal or disabling of the material was erroneous. For convenience, the following format may be used: "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled."
The Recipient's physical address, telephone number, and email address;
A statement of the Recipient's consent to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if outside the United States, for any judicial district in which the service provider may be found.
Send the notification containing the above information to: support@fanrealm.com
All DMCA notices and counter-notifications must be written in the English language. Attempts at notifications in foreign languages or using foreign characters will be considered non-compliant and disregarded.
Modifications to Policy
The Site reserves the right to modify, alter, or add to this policy. All affected individuals are advised to regularly check back for any changes.
Customer Service Requests
Please note that the DMCA Agent is not associated with the Service in any other way. Inquiries regarding customer service, payments, and cancellations should be directed to FanRealm’s customer service department.
Appeals Policy
Effective date: January 20th, 2024
The Appeals Policy provides an avenue for individuals depicted in content to appeal for the removal of such content. Users who wish to appeal the presence of content that includes their depiction may do so by contacting support@FanRealm.com. In your appeal, please include your name, address, contact details, a description of the content in question, and the URL link to the relevant Content and/or User profile.
When submitting an appeal, please consider the following guidelines:
Detailed Explanation: Provide a detailed explanation of why you believe the content should be removed, including any relevant context or information that supports your appeal.
Ownership or Consent: If applicable, demonstrate ownership of the content or provide evidence of your consent (if required) for the content in question. This may include copyright information, release forms, or any other relevant documentation.
Privacy Concerns: If your appeal is based on privacy concerns, clearly articulate the nature of the privacy violation and explain how the content infringes upon your privacy rights. Provide any applicable legal documentation if available.
Timely Submission: To ensure a prompt review, submit your appeal in a timely manner after becoming aware of the content in question. Delays in submission may impact the effectiveness of the appeal process.
Upon receiving an appeal, FanRealm will conduct a thorough review of the content and the circumstances surrounding the appeal. This review will be carried out in a fair and impartial manner. If, after the review, FanRealm determines that the content should be removed, it will be promptly taken down, and the appellant will be notified accordingly.
Please note that FanRealm reserves the right to request additional information or documentation during the appeal process to ensure a comprehensive and accurate assessment. We appreciate your cooperation in providing the necessary details to facilitate a fair and efficient resolution.
By submitting an appeal, you acknowledge and agree that FanRealm may share relevant information with the User who posted the content and take appropriate actions based on the outcome of the review, which may include the removal of content deemed in violation of our policies.