Effective Date: May 2013

In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement.  We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

Remember that your use of Boatsetter Services is at all times subject to the Terms of Service which incorporates this Copyright Dispute Policy.  Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service 

1. Procedure for Reporting Copyright Infringements .  If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Boatsetter’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

   1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
   2. Identification of works or materials being infringed;
   3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Boatsetter is capable of finding and verifying its existence;
   4. Contact information about the notifier including address, telephone number and, if available, email address;
   5. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
   6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

2. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent .  Upon receipt of a proper notice of copyright infringement, we reserve the right to:

   1. remove or disable access to the infringing material;
   2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
   3. terminate such content provider's access to the Services if he or she is a repeat offender.

3. Procedure to Supply a Counter-Notice to the Designated Agent .  If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider has the right to send us a counter-notice containing the following information to the Designated Agent:

   1. A physical or electronic signature of the content provider;
   2. 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;
   3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
   4. Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Boatsetter is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Boatsetter may send a copy of the counter-notice to the original complaining party informing that person that Boatsetter may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Boatsetter's discretion.

Please contact Boatsetter's Designated Agent at the following address:

Gunderson Dettmer Stough Villeneuve Franklin 
1200 Seaport BLVD 
Redwood City, CA 94063

Digital Millennium Copyright Act

It is the policy of Collaborative Boating, Inc. d/b/a Boatsetter and its affiliates (“Boatsetter”) to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for Boatsetter, such as fluentforever.com.  To the extent that you feel your copyright has been violated, please provide notice to Boatsetter in accordance with the terms below.

Notices - If you are alleging that copyrighted material may have been or is being infringed, then you may notify Boatsetter, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below. Such notice must include the following to be effective:

1. 1. A physical or electronic signature of a person authorized to act for and on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. 2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 3. 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 Boatsetter to locate the material;
4. 4. Information reasonably sufficient to permit Boatsetter to contact you including an address, telephone number, and, if available, an electronic mail address, at which you may be contacted;
5. 5. 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 any law; and
6. 6. 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.

Counter Notices - If material that you have posted to a system or network controlled or operated by or for Boatsetter has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:

1. 1. A physical or electronic signature of the user;
2. 2. 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 access to it was disabled;
3. 3. 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 misidentification of the material to be removed or disabled; and
4. 4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the Southern District of Florida, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

Boatsetter Designated Agent - All written notices should be sent to the following

• Designated Agent: CGS Global
• Address of Designated Agent: 2711 Centerville Road, Suite 400, Wilmington, DE 19808
• Email address of Designated Agent: [email protected]
• Telephone # of Designated Agent: 1-866-403-5272

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA""), Collaborative Boating, Inc., d/b/a Boatsetter (the "Company") has a policy of terminating the online accounts of users who post user-generated content ("UGC") that repeatedly infringes the intellectual property ("IP") rights of others. The following is intended to codify the Company’s repeat infringer policy under the DMCA.

Definition

A "repeat infringer" is any user who posts UGC on a Company website or mobile application that results in three separate notices of infringement.

Termination of Repeat Infringers

The Company has a process in place to log notices of IP infringement. In the event a user is deemed to be a repeat infringer, the Company terminates the account or access of any user of a Company website and/or service who is the subject of repeated DMCA or other infringement notifications.