DMCA

How to Report a Copyright Infringement

Sex.com (the “Site”) respects the intellectual property rights of others and expects its users to do the same. Sex.com has implemented a policy to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Copies of our Repeat Infringer Policy are available to subscribers upon written request.

Although our company is based outside the United States and not governed by U.S. law, we respect the rights of copyright owners and thus have implemented certain policies in an effort to voluntarily comply with laws such as the Digital Millennium Copyright Act. Nonetheless, our Company reserves all rights and objections to the formal application of U.S. law to its operations.

In accordance with the Digital Millennium Copyright Act of 1998, Sex.com will respond expeditiously to claims of copyright infringement committed by third parties using the Site that are reported to Sex.com’s designated DMCA agent (“Designated Agent”), identified below.

If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through the Site by completing a DMCA notice of alleged infringement and delivering it to Sex.com’s Designated Agent. Upon receipt of the notice as described below, Sex.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

If you would like to remove content related to non-copyright issues such as privacy, abuse, harassment, inappropriate or illegal content, etc. Please use this form instead:
http://www.sex.com/about/privacyremoval

You can file a DMCA Request by filling out the DMCA Form found at http://www.sex.com/about/dmcaform or send us the following information:

Notice of Claimed Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Agent (identified below) with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site (preferably including specific URLs associated with the material);
Your address, telephone number, and email address;
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; and
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement (“Notice”) to our designated DMCA Agent:

Please do not send other inquiries or information to our Designated Agent. Absent prior express permission, our Designated Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to accept valid DMCA Notices is expressly disclaimed.

Your notice & information will be forwarded to the related user(s). If you do not want your information to be forwarded, please use our privacy removal form instead: http://www.sex.com/about/privacyremoval

Contacting Us

For any other inquiry, please contact us at:

Further information regarding notification and takedown requirements can be found in the DMCA, here: https://www.law.cornell.edu/uscode/text/17/512

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 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 legal qualifications before submitting a DMCA Notice to our Designated Agent.

Take Down Procedure

This Site implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. The Site reserves the right at any time to disable access to or remove any material or activity accessible on the Site that is claimed to be infringing or from which infringing activity is apparent based on facts or circumstances. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S. C. § 512 of the DMCA. The Site’s DMCA Notice Procedures are set forth in the preceding paragraphs. 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, the Site shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notification requirements. When the Designated Agent receives a valid Notice, the Site will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. 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 replace the material at issue within ten to fourteen (10-14) business 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.

DMCA Counter-Notification Procedure

If the Recipient of a Notice of Claimed Infringement believes that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in accordance with the procedures outlined above, the Recipient is permitted to submit a counter-notification pursuant to § 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 the Site relating to the actions taken in response to the counter-notification.

To submit a counter-notification, please provide our Designated Agent the following information:

A specific description of the material that was removed or disabled pursuant to the Notice;
A description of where the material was located within the Site or the content (as defined within the Site’s Terms of Service Agreement) before such material was removed and/or disabled (preferably including specific URLs associated with the material);
A statement reflecting the Recipient’s belief that the removal or disabling of the material was done 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.”;
The Recipient’s physical address, telephone number, and email address; and
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:

All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.

After receiving a DMCA-complaint or counter-notification, our Designated Agent will forward it to the Site, and the Site 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) business days of the Site’s receipt of a counter-notification, the Site will replace or cease disabling access to the disputed material provided that the Site or our Designated 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 on the Site’s system or network.

Modifications

The Site reserves the right to modify, alter, or add to this policy, and all affected persons should regularly check back to stay current on any such changes.

Customer Service Requests

Please note that the Designated Agent is not associated with the Site in any other capacity but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the Site’s customer service department.