DMCA Policy
Last Updated: 16th June
2024
Termination of User Account
We
will terminate a user’s access to the service if, under
appropriate circumstances, the user is determined to be a repeat
infringer.
We reserve the right to decide
whether material or activity violates our
Platform
Terms of Use for reasons other than copyright
infringement, such as child sexual abuse material or otherwise
illegal material. We may at any time, without prior notice and in
our sole discretion, remove that material or terminate a user’s
account for submitting that material in violation of our
Platform
Terms of Use.
Removal of Material for Which
Copyright Infringement Is Claimed
We take claims of copyright
infringement seriously. We will respond to allegations of copyright
violations under the Digital Millennium Copyright Act (DMCA). The
DMCA provides a process for a copyright owner to give notice to an
online service provider concerning alleged copyright infringement.
When an effective DMCA notice is received, the online service
provider responds under this process by taking down the offending
content. On taking down content under the DMCA, we will take
reasonable steps to contact the owner of the removed content so that
a Counter notification may be filed. On receiving a valid Counter
notification, we generally restore the content in question, unless we
receive notice from the DMCA Notice provider that a legal action has
been filed seeking a court order to restrain the alleged infringer
from engaging in the infringing activity. Our privacy policy does not
protect any information contained in any DMCA Counter notification.
To File a DMCA Notification. If you
are a copyright owner or an agent of a copyright owner and belief
that any Content infringes on your copyrights, you may submit a
notice under the Digital Millennium Copyright Act (DMCA) by providing
our copyright agent US with the following information in writing (see
17 U.S.C. § 512 for further detail):
A
physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed.
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 those works at that
site.
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 the service provider to locate the material. Providing URLs
in the body of your DMCA notice is the best way to help us locate
content quickly.
Information
reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party
may be contacted.
A
statement that the complaining party has 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.
A
statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Provide information, if
possible, sufficient to permit us to notify the user or users who
posted the content that allegedly contains infringing material.
You can send the DMCA Notice to our
Designated Agent at:
Steve Burton
Email:
steveburton@clitflickspinups.com
Any person who knowingly
materially misrepresents that material or an activity is infringing
or that any material or activity was removed or disabled by mistake
or misidentification, shall be liable to us for any damages,
including costs and attorneys’ fees incurred by us in removing or
disabling access to the material or activity claimed to be infringing
or in replacing the removed material or enabling access to it.
To File a Counter notification. If
you believe that your content/material that was removed or to which
access was disabled is not infringing, or that you have the
authorization from the copyright owner, the copyright owner’s
agent, or under the law, to post and use the material, you may send a
Counter notification containing the following information to our
Designated Agent:
Your
physical or electronic signature;
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 disabled;
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
Your name, address, telephone
number, and email address, a statement that you consent to the
jurisdiction of the U.S. district court in the state in which you
reside (or the U.S. district court for the District of Columbia if
your address is outside of the United States), and a statement that
you will accept service of process from the person who provided
notice of the alleged infringement to us.
You can send the Counter notification
to our Designated Agent at:
Steve Burton
Email:
steveburton@clitflickspinups.com
Any person who knowingly
materially misrepresents that material or an activity is infringing
or that any material or activity was removed or disabled by mistake
or misidentification, shall be liable to us for any damages,
including costs and attorneys’ fees incurred by us in removing or
disabling access to the material or activity claimed to be infringing
or in replacing the removed material or enabling access to it.
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