NOTICE AND ACTION POLICY (INCLUDING DMCA)

This document was last modified on: March 20, 2023

Our websites contain thumbnails and/or textual indications linking to adult oriented content on other websites which are owned and/or operated by our clients (hereafter also referred to as “Clients”). Our Clients have entered into an agreement with us to promote their content and help drive traffic to their websites (hereafter also referred to as “Client Sites”).

We require that our Client Sites and any previews which our Clients cause us to show on our websites comply with our Acceptable Content Policy. If we receive notice alleging that any preview or content linked to on our website violates our Acceptable Content Policy, we will act in accordance with the procedures described in the present Notice and Action Policy.

If you want us to remove your personal data, you can let us know in accordance with procedure 1: Privacy Rights (GDPR) below.

If you want us to remove a thumbnail and/or textual indication linking to a page with content which you believe violates any rule(s) of our Acceptable Content Policy, you can let us know in accordance with procedure 2: General Procedure below.

If you want us to remove a thumbnail or textual indication linking to a page showing content which you believe to violate applicable copyrights in the USA, you can let us know in accordance with procedure 3: Digital Millennium Copyright Act (DMCA) below.

Procedure 1: Privacy rights (GDPR)

Please note that if you want content removed from any Client Sites which we link to on our websites, it will normally be most efficient for you to request removal at the Client Site. Removal at the Client Site should also cause that the content will no longer be found on our websites.

  1. If you want us to remove your personal data, please provide us the following information via :
    1. Each URL or hyperlink associated with a thumbnail on our website leading to an external page where you are (recognizably) shown (right-click on the thumbnail or textual description to copy the link address) or any other description of the personal data you want to be deleted;
    2. A clear statement that you want us to remove the hyperlink to the content as well as any related thumbnail and/or textual indication.
  2. If you are requesting to remove a thumbnail and/or textual indication linking to Client Site(s), we will forward this request to the relevant Client(s). The Client(s) is responsible for the thumbnail and/or textual indication. We are merely a processor.
  3. If you are requesting the removal of anything else than a thumbnail and/or textual indication linking to Client Site(s), we will process your request within 30 days after receiving your request.

Procedure 2: General Procedure

Please note that if you want content removed from any Client Sites which we link to on our websites, it will normally be most efficient for you to request removal at the Client Site. Removal at the Client Site should also cause that the content will no longer be found on our websites.

Please also note that we ourselves cannot remove content from Client Sites. We will normally forward your request to the relevant Client, unless you have asked us not to do so for valid reasons (e.g. a risk of (further) abuse). Although our contracts include legal remedies against Clients who violate our Acceptable Content Policy, we cannot guarantee that such remedies will at all times prove effective in forcing the Client to remove infringing content from its websites.

  1. If you want us to remove a thumbnail and/or textual indication linking to a page with content which you believe violates any rule(s) of our Acceptable Content Policy, please provide us the following information via :
    1. Your full name and email address (not obligatory for all cases but necessary if you would like to receive a response from us, and required for notices relating to copyright infringement. If you contact us on behalf of an organisation, please provide the name of your organisation);
    2. Each URL or hyperlink associated with a thumbnail and/or textual description on our website leading to a page with content violating our Acceptable Content Policy (right-click on the thumbnail or textual description to copy the link address)
    3. A clear explanation of the reasons why you consider each applicable item of content to violate our Acceptable Content Policy, referring to the specific rule or rules which you consider to be violated;
    4. If you consider the content to violate applicable copyrights, the full name of the legitimate copyrights holder(s) and your full name, email address, relationship to the rights holder(s);
    5. Any objections against forwarding your notification (including your contact details) to our Client, for example due to a reasonable fear of (further) abuse against you;
    6. A statement confirming the good faith belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
  2. If your notification is about CSAM or CSEM and we deem this notification to be (likely) correct, we will remove the material immediately. We have the right to forward any notification of CSAM or CSEM to the appropriate authorities.
  3. If we deem your notification to be incomplete or manifestly incorrect, we will inform you without delay, normally within two weeks from the moment we received your request.
  4. If we deem your notification to be complete and not manifestly incorrect, we will forward your notification to our Client, unless you have objected to this and we deem your objection to be justified.
  5. We will give our Client a reasonable period (normally about 7 – 14 days) to respond to your notification, unless we are already sufficiently certain that your notification is correct or incorrect.
  6. We will inform you (if you provided your email address) and our Client of our decision.
    1. If we determine that the content in question does not violate our Acceptable Content Policy, we have the right to keep the thumbnail and/or textual indication with the associated hyperlink on our website.
    2. If we determine that the notification is correct and that our Client has violated our Acceptable Content Policy, we will immediately remove the preview and link to the infringing content from our websites. In addition, we may suspend or terminate our Client’s account and/or its use of our services and/or uploader’s account if we deem the violation or multiple violations combined to be substantial enough to justify this.

Procedure 3: Digital Millennium Copyright Act (DMCA)

Please note that if you want content removed from any Client Sites which we link to on our websites, it will normally be most efficient for you to request removal at the Client Site. Removal at the Client Site should also cause that the content will no longer be found on our websites.

Please also note that we ourselves cannot remove content from Client Sites. We will normally forward your request to the relevant Client, unless you have asked us not to do so for valid reasons (e.g. a risk of (further) abuse). Although our contracts include legal remedies against Clients who violate our Acceptable Content Policy, we cannot guarantee that such remedies will at all times prove effective in forcing the Client to remove infringing content from its websites.

If you want us to remove a thumbnail or textual indication linking to a page showing content which you believe to violate applicable copyrights in the USA specifically, please provide us the following information via :

  1. Your full name, address, telephone number, and email address;
  2. If you contact us on behalf of an organisation, the name of your organisation;
  3. Each URL or hyperlink provided on our website leading to a page where content is shown which you consider in violation of applicable copyrights in the USA;
  4. A clear explanation of the reasons why you consider each applicable item of content to violate applicable copyrights in the USA;
  5. The identity of the legitimate rights holder(s) and your relationship to the rights holder(s);
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  7. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  8. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement to:

Lawrence G. Walters, Esq.
Walters Law Group
195 W. Pine Ave.
Longwood, FL 32750
Fax: (407) 774-6151
Email: 

Please do not send other inquires or information to our Designated Agent. Our Designated Agent is only authorized to receive DMCA Notices, and does not serve as a general agent or representative for any other purpose, absent express authorization from Us.

Abuse Notification: Abusing the DMCA Notice procedures set forth above, or misrepresenting facts in a DMCA Notice or Counter-notification, can result in legal liability for damages, court costs and attorneys’ fees under U.S. federal law. See; 17 U.S.C. § 512(f). These Notice and Takedown Procedures only apply to claims of copyright infringement by copyright holders and their agents – not to any other kind of abuse, infringement or legal claim. We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure that you meet all of the legal qualifications before submitting a DMCA Notice to our Designated Agent.

Take Down Procedure

This website implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. This website reserves the right at any time to disable access to any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. As an information location tool service provider, “disabling of access” to material identified in a DMCA Notice shall typically mean that We remove the link to the allegedly infringing content found on a third-party’s website, along with any affiliated linking or referential materials. It is the firm policy of this website to terminate the account of repeat copyright infringers, when appropriate, and this website will act expeditiously to disable access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512. This website’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, this website shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, this website will expeditiously disable access to the infringing material and shall attempt to notify the user responsible for providing the content. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will re-enable access to the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. NOTE: Given that this website merely links to third-party websites, it may not be possible for this website to successfully locate and notify the specific third-party user responsible for the allegedly infringing content. If this website is unable to notify the user apparently responsible for generating the content, this website may instead notify the responsible user care of the operator of the third-party website, as the user’s agent. This website reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.

DMCA Counter-Notification Procedure

If the Recipient of a Notice of Claimed Infringement (“Notice”) believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed, or access has been wrongly disabled, in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2)&(3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against this website relating to the actions taken in response to the counter-notification.

To submit a counter-notification, please provide Our Designated Copyright agent the following information:

  • (a): a specific description of the material that was removed or disabled pursuant to the Notice;
  • (b) a description of where the material was located within this website before such material was removed and/or disabled (preferably including specific URL’s associated with the material);
  • (c) a statement reflecting the Recipient’s belief that the removal or disabling of access to the material was done so erroneously. For convenience, the following format may be used:
    “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
  • (d) the Recipient’s physical address, telephone number, and email address; and,
  • (e) a statement that the Recipient consents to the jurisdiction of the Federal District Court in and for the judicial district where the Recipient is located, or if the Recipient is outside of the United States, for any judicial district in which the service provider may be found, and that the Recipient will accept service of process from the person who provided the Notice, or that person’s agent.

 

Written notification containing the above information must be signed and sent to:

Lawrence G. Walters, Esq.
Walters Law Group
195 W. Pine Ave.
Longwood, FL 327504
Fax: (407) 774-6151

Do not send any other information or material to the DMCA Agent.

After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the claimant who first sent the original Notice identifying the allegedly infringing content.

Thereafter, within ten to fourteen (10-14) days of Our receipt of a counter-notification, We will cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice that the original claimant has filed an action seeking a court order to restrain the Recipient from engaging in infringing activity relating to the material.

 

  • Nothing more follows.