Preamble
Black Swan Ventures Group LLC (the "Company") respects intellectual property rights and requires the like of every person accessing the website located at cashflowpositive.ai. This instrument prescribes the manner in which infringing material is to be reported, the Company's response thereto, and the procedure by which a removal may be contested.
It is issued pursuant to Title II of the Digital Millennium Copyright Act, codified at 17 U.S.C. § 512, and reflects the notice-and-action obligations imposed by Articles 16 and 17 of Regulation (EU) 2022/2065 (the Digital Services Act). It supplements the Terms of Service and the Imprint.
1. Content of the Company
1.1 All content published by the Company, The Cashflow Positive AI Report, articles, journals, frameworks, illustrations, code, templates, and brand assets, is owned by or licensed to the Company and protected by copyright and by other intellectual property rights.
1.2 Short excerpts may be quoted with clear attribution and a link to the source page. Save with the Company's prior written permission, no person may reproduce, republish, redistribute, translate, or create derivative works from the Company's material.
1.3 The Company expressly reserves its rights under Article 4(3) of Directive (EU) 2019/790 and every cognate provision, and withholds consent to the use of its published content for the training, fine-tuning, or evaluation of any machine learning model. This reservation is additionally expressed in machine-readable form in the Company's robots directives and in the terms published at clause 9.8 of the Terms of Service.
1.4 Enquiries as to licence are to be addressed to mgmt@blackswanventuresgroup.com.
2. Designated Agent
Notices of claimed infringement are to be addressed to:
Copyright Agent, Black Swan Ventures Group LLC
30 N Gould Street, Ste N, Sheridan, Wyoming 82801, United States of America
Electronic mail: mgmt@blackswanventuresgroup.com (subject line to be prefixed DMCA)
Telephone: +1 872-375-3144
[ACTION REQUIRED. The safe harbour afforded by 17 U.S.C. § 512(c) is conditional upon the designated agent being registered with the United States Copyright Office through the Designated Agent Directory maintained at dmca.copyright.gov. The fee is six United States dollars and registration occupies approximately fifteen minutes. Publication of this instrument without such registration confers no safe harbour and leaves the Company exposed to direct liability in respect of user-submitted material. Effect the registration, then delete this note.]
3. Requisites of a Valid Notice
3.1 To be effective under 17 U.S.C. § 512(c)(3), a written notice must comprise each of the following:
(a) a physical or electronic signature of the owner of the right allegedly infringed, or of a person authorised to act on that owner's behalf;
(b) identification of the copyrighted work claimed to have been infringed, or, where a single notice concerns multiple works, a representative list thereof;
(c) identification of the material claimed to be infringing, together with information reasonably sufficient to permit the Company to locate it, a direct uniform resource locator being preferred;
(d) the complainant's name, postal address, telephone number, and electronic mail address;
(e) a statement that the complainant has a good-faith belief that the disputed use is not authorised by the owner of the right, by that owner's agent, or by law; and
(f) a statement that the information contained in the notice is accurate, and, under penalty of perjury, that the complainant is the owner of the right or is authorised to act on that owner's behalf.
3.2 An incomplete notice may not engage the Company's obligations under § 512.
3.3 Misrepresentation. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable in damages, including costs and legal fees. A complainant is invited to consider, before submitting a notice, whether the use complained of constitutes fair use, is licensed, or is otherwise lawful, and to take advice where uncertain.
4. The Company's Response
Upon receipt of a facially valid notice the Company shall:
(a) acknowledge receipt within five business days;
(b) expeditiously remove or disable access to the material identified;
(c) notify the person by whom the material was supplied, forwarding a copy of the notice; and
(d) inform that person of the right to submit a counter-notice.
Removal constitutes no determination that infringement has occurred, and the Company adopts no position upon the merits.
5. Counter-Notice
5.1 A person whose material has been removed and who believes such removal to have been effected in error or by reason of misidentification may submit a counter-notice to mgmt@blackswanventuresgroup.com, comprising:
(a) that person's physical or electronic signature;
(b) identification of the material removed and of the location at which it appeared prior to removal;
(c) a statement under penalty of perjury that the person has a good-faith belief that the material was removed by reason of mistake or misidentification;
(d) that person's name, address, and telephone number; and
(e) a statement consenting to the jurisdiction of the United States District Court for the district in which that person's address is situate or, that address being outside the United States, of the United States District Court for the District of Wyoming, and consenting to accept service of process from the complainant or the complainant's agent.
5.2 Upon receipt of a valid counter-notice the Company shall forward it to the original complainant. The complainant not having notified the Company within ten business days that proceedings have been instituted seeking to restrain the activity complained of, the Company may restore the material within ten to fourteen business days.
6. Repeat Infringement
The Company shall, in appropriate circumstances, terminate the account and access of any person shown to be a repeat infringer. Three substantiated notices against the same person within twelve months shall be treated as repeat infringement.
7. Trade Marks, Personality, and Other Rights
Complaints concerning trade mark misuse, unauthorised use of name or likeness, or any other right not constituting copyright are to be addressed to mgmt@blackswanventuresgroup.com, prefixed LEGAL, identifying the right, evidencing its ownership, and specifying the location of the material. The timetable at clause 4 applies mutatis mutandis.
8. Notices Under the Digital Services Act
Recipients within the European Union may submit a notice under Article 16 of Regulation (EU) 2022/2065 through the same channel. The Company shall confirm receipt, determine the notice without undue delay, furnish a statement of reasons in respect of any restriction imposed, and inform the notifying party of the available avenues of redress, including out-of-court dispute settlement and judicial remedy.
9. Data Protection
Notices and counter-notices contain personal data, processed by the Company for the purpose of determining the complaint and of complying with legal obligation, upon the bases at Articles 6(1)(c) and 6(1)(f) GDPR. A copy of a notice, including the identity of the party submitting it, is forwarded to the opposing party, that step being required both by § 512 and by the Digital Services Act. Such material is retained for three years. See the Privacy Policy.
10. The Company
Black Swan Ventures Group LLC
30 N Gould Street, Ste N, Sheridan, Wyoming 82801, United States of America
mgmt@blackswanventuresgroup.com · +1 872-375-3144
Notices under this instrument: subject line prefixed DMCA.
Correspondence
Black Swan Ventures Group LLC30 N Gould Street, Ste N
Sheridan, Wyoming 82801
United States of America
mgmt@blackswanventuresgroup.com
+1 872-375-3144
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