Content Policy

FPO respects the intellectual property rights of others, and we expect you to do the same. FPO’s Terms of Service do not allow posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights.

User Generated Content Policy

FPO may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to FPO through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). FPO may, in its sole discretion, remove, edit or disable User Content for any reason, including if FPO reasonably determines that User Content violates this Agreement. FPO does not assume any responsibility or liability for User Content, for removing it, or not removing it or other Content. FPO does not pre-screen all User Content and does not endorse or approve any User Content available on the Services.

Any User Content provided by you remains your property. However, by providing User Content to FPO, you grant FPO a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and FPO’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant FPO the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor FPO’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

When you access or use the Services, you agree that you will not:

·Violate any law, rule or regulation.

·Interfere with or disrupt the Services or any server or network used to support or provide the Services, including any hacking or cracking in the Services.

·Use any software or program that damages, interferes with or disrupts the Services or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.

·Use the Services to cause nuisance, annoyance, inconvenience, or property damage, for example using vulgar or harassing language, being abusive, or spamming, to any party using the Services. Hate speech is not tolerated.

·Contribute User Content or organize or participate in any activity, group or association that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, or is otherwise reasonably objectionable.

·Publish, post, upload or distribute User Content that is illegal or that you don’t have permission to freely distribute, including the personal information of another person.

·Publish, post, upload or distribute any content that FPO (acting reasonably and objectively) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.

·Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.

·Impersonate another person or falsely imply that you are an FPO employee, FPO Partner or representative.

·Improperly use in-app support or complaint buttons or make false reports to FPO staff.

·Attempt to obtain, or phish for, a password, account information, or other private information from anyone else using the Services.

·Use any robot, spider or other automated device or process to access the Services for any purpose or copy any material on from the Services.

·Attempt to use the Services on or through any service that is not controlled or authorized by FPO.

·Promote, encourage or take part in any prohibited activity described above.

If you or someone using your Account violates this Agreement, fails to remedy this violation after a warning, FPO may take action against you, including revoking access to certain or all of the Services, or terminating your Account. In case of severe violations, FPO may take these actions without issuing a prior warning. When practical, FPO will notify you of the action it will take in response to violations of these rules or breach of this Policy.

Specific FPO Services may post additional rules that apply to your conduct on those services.

If you encounter another user who is violating any of these rules, please report this activity to FPO using by emailing reinhard.mueller@hfpo.com.

FPO may, in its discretion, monitor or record online activity or Content on the Services and may remove any Content from any Service at its discretion. Remember that your communications and your User Content in any of the Services are public and will be seen by others.

 

Copyright

Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.). Generally, copyright protects an original expression of an idea but does not protect underlying ideas or facts.

 

Copyright Infringement

We do not allow any content that infringes copyright. Any use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation. In some cases, you may be required to provide evidence to prove that you are entitled to use copyrighted content of others.

 

Removal of Content; Suspension or Termination of Account

Any user content that infringes other person’s copyright may be removed. Your account may be suspended or terminated for multiple copyright violations in connection with your use of the FPO site or app, or other violations of the Terms of Service and Community Guidelines.

 

Copyright Infringement Notification

If you believe that your copyright-protected work was posted on FPO’s site or app, or otherwise hosted by FPO without authorization, you may submit a copyright infringement notification.

The notification must include the following:

An email address, physical address and a phone number so that we and the uploader of your work can contact you.

A clear and complete description of your work that you believe has been infringed.

The URL or other identifying location of the allegedly infringing work.

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 law.

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification.

Submit the above information to us:

By Copyright Infringement Report; or

By Email: reinhard.mueller@hfpo.com; or

By Mail: Please submit the above information to: DMCA Notice Department, Music Reports, Inc., 21122 Erwin St., Woodland Hills, CA 91367, +1 818 558 1400.

All information submitted in your copyright infringement notification may be forwarded to the uploader of the content, to lumendatabase.org, or otherwise made public in any way by FPO or a third party.

Before submitting a notification, please be aware of that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries.

Copyright Infringement Counter-Notification

If you receive a copyright infringement notification that you believe to be in error, you may provide us with a counter-notification.

The counter-notification must include the following:

Your contact information, including your full legal name (not that of a company), an email address, a physical address, and a phone number. If you are an authorized representative of the uploader, such as an attorney, please be sure to specify your relationship to the uploader.

Identify the location, including any URL, of the work that has been removed or disabled.

You must agree to and include the following statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which FPO is located, and will accept service of process from the claimant.”

And the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

Your physical or electronic signature. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your electronic counter-notification.

Submit the above information to us:

By Email: reinhard.mueller@hfpo.com; or

By Mail: Please submit the above information to: DMCA Notice Department, Music Reports, Inc., 21122 Erwin St., Woodland Hills, CA 91367, +1 818 558 1400.

The counter-notification process may take no less than 10 business days to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down. Please note that we will forward the entire counter-notification to the copyright claimant, including any personal information you provide, and the counter-notification may be made public. The claimant may use this information to file a lawsuit against you.

If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed. The decision to re-post any material is at FPO’s sole discretion.

 

Trademark

A trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.

FPO’s policies prohibit any content that infringes on another person’s trademark. Using another person’s trademark in a way that may mislead or confuse people to believe that you are affiliated with the trademark owner may be a violation of our trademark policy.

However, using another person’s trademark for the purpose of accurately referencing the trademark owner’s products or services, or to compare them to other products or services, is generally not considered a violation of our trademark policy.

 

Removal of Content; Suspension or Termination of Account

Any user content that infringes other person’s trademark may be removed. Your account may be suspended or terminated for multiple trademark violations in connection with your use of the FPO site or app, or other violations of the Terms of Service and Community Guidelines.

 

Trademark Infringement Notification

FPO may investigate reports that are submitted by the trademark holder or their authorized representative. You can submit a trademark report to us through Trademark Infringement Report or via email (reinhard.mueller@hfpo.com), by providing the following information:

Your contact information, including your full name, physical address, email address and a phone number. Please note that we may provide your information and details of your report to the person who posted the content or owns the account you are reporting. This person may contact you with the information you provide.

Your relationship to the trademark owner.

A clear and complete description of your trademark that you believe has been infringed, including the jurisdiction of registration, registration number, trademarked goods and services class.

A scan of trademark registration certificate or a direct link (URL) to your trademark record.

Information about the allegedly infringing content, including the URL or other identifying location of the allegedly infringing content, and a description of how the content has been infringing your trademark.

A statement that you have a good faith belief that use of the trademark described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law.

A statement, made under penalty of perjury, that the above information is accurate, and that you are the trademark owner or are authorized to act on behalf of the owner.

The physical or electronic signature of the trademark owner or an authorized representative of the trademark owner.

If we remove content in response to a report of trademark infringement, we may notify the person you reported to inform them the content was removed. We may also provide them with your contact information, including your email address and the name of the trademark owner, and/or details of your report.

General Note:

As a FPO user, you are responsible for the content you post. If you have questions about copyright law or trademark law, such as questions about whether your content or your use of another person’s name or brand infringes or otherwise violates another person’s rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s right, you may also want to first seek legal advice before reporting such content to us.

 

If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Please note that FPO is not in a position to adjudicate disputes between third parties, and may not be able to remove the content or suspend the account you reported for infringement or violation. As an alternative, you may want to contact the person who posted the content or owns the account to try to resolve your issue directly.