Fleepit respects your rights and expects that you respect the rights of others. In the unfortunate event that Fleepit finds or is notified of unlawful files or content being distributed through it’s Service, we will follow the procedures described in this Notice and Take Down Policy.
By using our website or Flipbook Creation Services, you agree to be bound by our Notice and Take Down Policy below.
Code of Conduct
Fleepit subscribes to the French law "pour la confiance dans l'économie numérique" (loi LCEN) dated 2004, 21th june.
This law establishes procedures for internet intermediaries like Fleepit to deal with reports of (alleged) unlawful content, directed at removal of disputed content (“Report” or “Reports”).
This Notice and Take Down Policy (“NTD Policy”) describes the procedures and time limits Fleepit applies in dealing with such Reports.
Report requirements Any person or organization that makes a Report (“Notifier”) has the duty to ensure that it is correct and complete.
Fleepit should be able to verify that Reports following an investigation regarding a criminal offence have originated from an inspection or investigation service, or – in the case of a formal legal order – from the Public Prosecutor’s Office. A Report of any other nature than the foregoing should include at least the following information:
1. Notifier’s contact details, name, function, organisation, address, email address);
2. all information Fleepit needs in order to evaluate the lawfulness of the disputed content, including its location (URL);
3. motivation as to the unlawfulness of the content, or why it is in conflict with Fleepit’s Terms of Service, NTD or Privacy Policy;
4. motivation of the reason(s) why Fleepit is the most appropriate intermediary to deal with the matter.
Indemnity Notifier will provide Fleepit with an explicit indemnity against 1) claims from the user who’s content is at dispute (“Content Provider”) relating to any actions Fleepit has taken in relation to handling the Report, and 2) any claims from Notifier in relation to content send through our Service.
Urgency Notifier might request Fleepit to deal with the report as a matter of urgency. In that case, the Report should substantiate all reasons for urgency. Fleepit determines at its own discretion whether the report should be dealt with as a matter of urgency on the basis of the foregoing explanation.
Evaluation Fleepit shall evaluate the Report and classify it into one of three categories:
1. punishable content reported by an inspection or investigation service, or – in the case of a formal legal order – by the Public Prosecutor’s Office;
2. unequivocally unlawful (onmiskenbaar onrechtmatig) content and/or punishable content reported by other sources than the authorities listed under 1); and
3. all other content, falling neither under category 1) or 2).
Measures Fleepit’s categorisation of the Report determines which measures are taken to address the Report.
In the event that Fleepit determines that the content concerned is unequivocally unlawful or punishable, in other words falls under the above mentioned categories 1) and 2), Fleepit ensures that the content concerned is immediately removed;
In the event that Fleepit determines that the content concerned is not unequivocally unlawful or punishable, in other words falls under the above mentioned category 3), the content concerned shall not be removed. Fleepit will inform Notifier accordingly;
In the event that Fleepit is not or unsufficiently able to judge whether the content concerned is unequivocally unlawful or punishable, Fleepit will inform Content Provider about the Report with the request to (i) allow Fleepit to remove the content or (ii) to contact Notifier. If Notifier and Content Provider are unable to reach an agreement, Notifier can make an official report to the police if a criminal offence might be concerned. If it concerns content that is alleged to be unlawful under civil law, Notifier can bring the dispute with Content Provider before a Dutch court of law. Should Content Provider be unwilling to sufficiently identify himself to Notifier, Fleepit has the right to (i) provide Notifier with the Content Provider’s name, email address and IP-address or (ii) to remove the content concerned.
Period Categorisation and appropriate measures will preferably take place as soon as possible, yet ultimately 10 days after receiving the Report.
Due caution In the events that content is to be removed, Fleepit shall exercise due caution to ensure that no more than the necessary content, in regards of the Report, is removed.
Questions? For questions about this NTD Policy, please contact Fleepit by sending an email to contact@fleepit.com. We speak English and French.