1. Our Commitment to Copyright

Flam Tunes (Pty) Ltd respects the intellectual property rights of others and expects our users to do the same. We support South African artists and creators by providing a platform that protects their work while facilitating legitimate distribution and discovery. We take copyright infringement seriously and respond to valid notices in accordance with applicable law.

This policy describes how we handle copyright claims under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws, including the Copyright Act of South Africa (Act No. 98 of 1978).

2. DMCA Takedown Process

If you believe that content on Flam Tunes infringes your copyright, you may submit a DMCA takedown notice to our designated Copyright Agent. Your notice must include all of the following:

• Identification: A description of the copyrighted work you claim has been infringed
• Location: Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., URLs, track names, artist names)
• Contact Information: Your name, address, telephone number, and email address
• Good Faith Statement: 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 the law
• Accuracy Statement: 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 copyright owner
• Signature: Your physical or electronic signature

We will process valid DMCA notices promptly and may remove or disable access to the allegedly infringing content. We will also notify the user who posted the content and may provide them with your contact information.

3. Counter-Notifications

If you believe that your content was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to our Copyright Agent. Your counter-notification must include:

• Your physical or electronic signature
• Identification of the material that was removed or disabled and the location where it appeared before removal
• 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
• Your name, address, telephone number, and email address
• A statement consenting to the jurisdiction of the federal court in your district (or if outside the United States, any judicial district in which Flam Tunes may be found) and that you will accept service of process from the person who filed the original DMCA notice

Upon receipt of a valid counter-notification, we will forward it to the original complainant. If the complainant does not file a court action within 10-14 business days, we may restore the removed content.

4. Repeat Infringer Policy

In accordance with the DMCA and our Terms of Service, we maintain a policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers. We may also limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Factors we consider when determining repeat infringement include the number of valid takedown notices received, the nature of the infringements, and the user's response to prior notices.

5. Fair Use

We recognize that copyright law allows for certain uses of copyrighted material without permission under the doctrine of fair use (or fair dealing in South African law). Uses such as criticism, comment, news reporting, teaching, scholarship, and research may be considered fair use.

If you believe your use of copyrighted material constitutes fair use, you may include this in your counter-notification. We will consider such claims when evaluating disputed content. However, determinations of fair use are complex and may require legal resolution between the parties.

6. Misrepresentation Warning

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing or was removed by mistake may be subject to liability. We reserve the right to pursue legal action against parties who submit fraudulent or abusive DMCA notices.

7. Contact for Copyright Claims

For all copyright-related inquiries, including DMCA takedown notices and counter-notifications, please contact our designated Copyright Agent:

For general legal inquiries unrelated to copyright, please contact legal@flamtunes.live.