Copyright Infringement / Digital Millennium Copyright Act (DMCA) Policy
https://faphouse.com/ ("we", "us", the "Website") respects the intellectual property rights of others, and we ask our users to do the same because we take claims of copyright infringement very seriously.
Although we are not subject to U.S. laws and regulations, we have chosen to voluntarily adhere to the highest standards of intellectual property protection and voluntarily comply with the Digital Millennium Copyright Act ("DMCA").
The Website qualifies as a "service provider" under 17 U.S.C. §512(k)(1) of the DMCA. Accordingly, it is entitled to certain protections from claims of copyright infringement under the DMCA, commonly referred to as the "safe harbor" provisions.
In order to comply with the DMCA and other applicable intellectual property laws, we have adopted this Copyright Infringement / Digital Millennium Copyright Act (DMCA) Policy (the "Policy") for copyright owners who believe that their work has been infringed by users of the Website.
This Policy consists of the following sections:
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- Notification of Claimed Copyright Infringement: explains how copyright owner, or an agent authorized to act on the owner's behalf, may submit a Notification of Claimed Copyright Infringement under this Policy.
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- Takedown procedure: describes our procedures and actions under this Policy regarding removing/disabling access to or restoring content.
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- Counter Notification: explains what the uploader of content should do if such content is removed or disabled in response to a Notification of Claimed Copyright Infringement, including how a Counter-notification could be submitted.
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- Additional provisions: contains specific general provisions for this Policy that did not fit into other sections.
1. Notification of Claimed Copyright Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, you can submit a Notification of Claimed Copyright Infringement (in accordance with both DMCA and Digital Service Act (“DSA”)) either through our Contact us form available at https://faphouse.com/support/contact (by selecting “DMCA / Copyright infringement” subject), or by sending it to our designated Copyright Agent as follows:
For us to be able to accept and process it, the Notification of Claimed Copyright Infringement must be a written communication that includes substantially the following:
Identification of the copyrighted content: description of the content in question that is believed to be infringed, and, if possible, a copy or a URL to the authorized version of the content;
Identification of the content claimed to be infringing: description and a copy or a URL of the content on our Website that you believe infringes your copyright rights;
Contact information: your contact details so we could contact you, including your name, address, telephone number, and email address;
Good faith statement: a statement that you have a good faith belief that the use of the content claimed to be infringing is not authorized by the copyright owner, its agent, or the law;
Accuracy statement: a statement that the information in the Notification of Claimed Copyright Infringement is accurate, and that under penalty of perjury, you are the copyright owner or authorized to act on behalf of the owner of the content allegedly infringed;
Signature: a physical or electronic signature of the copyright holder or authorized representative.
Note that if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notification of Claimed Copyright Infringement may not be effective.
2. Takedown Procedure
Upon receiving a valid and effective Notification of Claimed Copyright Infringement in accordance with DMCA (including via our designated Copyright Agent), the Website will take the following actions:
Expeditious removal or disabling of access to the content: The content claimed to be infringing will be removed without undue delay from the Website or access to it will be disabled.
Notification the content uploader: We will notify the user responsible for the upload of the content in question.
Counter-notification submittance: The uploader of the content in question will have the opportunity to submit a counter-notification, as described below in this Policy.
Please note the following:
- If the Notification of Claimed Copyright Infringement does not meet all six of the requirements set forth in Section 1 of this Policy, but does meet at least three of those requirements, we will attempt to contact the party that submitted the Notification of Claimed Copyright Infringement and assist them in complying with the requirements.
- Upon receipt of a valid Notification of Claimed Copyright Infringement, we will remove and/or disable access to the infringing content (or at least start this process as far as our technological possibilities allow) and notify the uploader of the allegedly infringing content. The uploader of the allegedly infringing content may then file a Counter-notification. If we receive a Counter-notification, we will notify the complaining party and provide it with a copy of the Counter-notification. We will also inform the complaining party that we will proceed to restore the removed content within ten to fourteen (10-14) business days of receiving the Counter-notification, unless we receive notice from the complaining party that a court action has been filed to prevent the uploader of the allegedly infringing content from engaging in the infringing activity.
- The Website will act expeditiously to remove access to any content that is alleged to be infringing. We therefore reserve the right at any time to disable access to or remove any content accessible on the Website that is alleged to be, or is found to be, infringing.
- The Website reserves the right to modify or terminate access to content on the Website as it deems necessary. Repeat infringers may have their access to the Website terminated.
3. DMCA Counter-Notification Procedure
If you believe that Notification of Claimed Copyright Infringement is false or was submitted by mistake, and that your content has been removed due to misidentification, you may submit a Counter-notification to us directly or to our designated Copyright Agent.
A Counter-notification is the proper method for the uploader of the allegedly infringing content to dispute the removal or disabling of such content, pursuant to a Notification of Claimed Copyright Infringement. The information that is provided in a Counter-notification must be accurate and truthful, and include mandatory information required by the DMCA. The uploader of the allegedly infringing content will be liable for any misrepresentations which may cause any claims to be brought against the Website relating to the actions taken in response to the Counter-notification.
To be effective, the counter-notification must include the following:
Identification of the content: a description of the content that was removed or to which access was disabled, and (preferably) the location of the content prior to its removal;
Belief in error or misidentification statement: a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled due to mistake or misidentification;
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 as a result of mistake or misidentification of the material to be removed or disabled”.Contact information: your contact details, including your name, address, telephone number, and email address
Consent to jurisdiction: a statement that you consent to the jurisdiction of the courts for the address you provide, and the location(s) of the purported copyright owner, or that you consent to the jurisdiction of a federal court in the district where you are located (if you are in the U.S.), or to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.), and that you will accept service of process from the party who provided the original Notification of Claimed Copyright Infringement or their agent;
Signature: physical or electronic signature of the uploader of the allegedly infringing content.
Counter-notification should be sent to our designated Copyright Agent:
Upon receipt of a valid Counter-notification, we will provide a copy to the complaining party. If no legal action is taken within 10-14 days of receipt of the Counter-notification, we may restore the content in question.
4. Additional provisions:
4.1. Misuse Notification
Any misuse of the DMCA procedures or misrepresentation in a Notification of Claimed Copyright Infringement or Counter-notification can lead to legal consequences, including liability for damages, court costs, and attorney fees under federal law (17 U.S.C. §512(f)). This Policy only apply to copyright infringement claims and not to any other type of legal claims. We take abuse of the DMCA process seriously and will investigate any such misuse.
4.2. Copyright Agent capacity
Please be informed that our designated Copyright Agent is not associated with the Website in any capacity other than administering DMCA procedures, and is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid Notifications of Claimed Copyright Infringement or Counter-notices in accordance with this Policy is expressly disclaimed. Do not send any non-DMCA related inquiries or requests to our designated Copyright Agent, as they will not be processed. Inquiries regarding other matters, such as customer service or payment issues, should be directed to the Website's support team through our Contact us form available at https://faphouse.com/support/contact.
4.3. Repeat Infringer Policy
We have implemented a "repeat infringer" policy under which any user whose content is the subject of three effective Notifications of Claimed Copyright Infringement within a six-month period may have their access to the Website terminated at our sole discretion. This termination is final and not subject to change.
4.4. Policy changes
We reserve the right to change, modify or update this Policy at any time. Any such changes will be effective immediately upon posting on the Website.
4.5. Disclosure of personal data
Please be informed that
- if a valid Notification of Claimed Copyright Infringement is received by us, the copyright owner’s (claimant’s) name will be provided to the uploader of the allegedly infringing content. We reserve the right to forward all information provided in a Notifications of Claimed Copyright Infringement to the uploader of the allegedly infringing content;
- if we receive a valid Counter-notification in response to a Notification of Claimed Copyright Infringement, then the Counter-notification (and any personal data contained therein) will be provided to the claimant/copyright owner as part of the Counter-notice under this Policy.
By submitting a Notification of Claimed Copyright Infringement and/or Counter-notice, you consent to having your information revealed in the abovementioned way.
