Naughty Creator Subscription Platform - DMCA TAKEDOWN POLICY
Last Updated: January 1, 2024
This DMCA Takedown Policy is to be used only for reporting infringing content published on www.naughtycreator.com.
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.
Although Naughty Creator is not based in the United States, we respect the intellectual property rights of copyright holders, and thus have chosen to voluntarily comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act (“DMCA”). Our platform qualifies as a “Service Provider” within the meaning of 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. We respect the intellectual property of others, and we ask our users to do the same. Thus, we observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement by our users.
NOTICE OF CLAIMED INFRINGEMENT
If you suspect that your original work has been unlawfully copied and displayed on www.naughtycreator.com, alleging a breach of copyright, kindly furnish us with the following details:
The signature, either electronic or physical, of the individual authorized to represent the copyright or any related intellectual property.
Description outlining the copyrighted material or intellectual property that you contend has been violated.
Explanation specifying the exact location of the alleged infringing material on the website (ideally including specific URLs associated with the content).
Your contact details, including address, telephone number, and email address.
A declaration from you expressing a sincere belief that the disputed usage does not possess authorization from the copyright holder, its representative, or isn't compliant with the law.
A sworn statement from you, confirming the accuracy of the information provided in your notification and affirming that you are either the copyright or intellectual property owner or possess the authority to act on behalf of the owner, under the threat of perjury.
You may send your Notice of Claimed Infringement to:
dmca@naughtycreator.com
or
NCreator OÜ
Attn: Copyright Agent
Harju maakond, Tallinn
Lasnamäe linnaosa, Lõõtsa tn 2a
11415 Estonia
Please do not send any other inquiries or information except for those related to the Notice of Claimed Infringement. This policy only applies to infringing content published on www.naughtycreator.com.
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.
Further information regarding notification and takedown requirements can be found in the DMCA, here: http://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 of the legal qualifications before submitting a DMCA Notice.
TAKE DOWN PROCEDURE
The Site has a specific process for handling copyright infringement claims called the "notification and takedown" procedure. If the Site receives a notice alleging copyright infringement, it can disable or remove the content in question. The Site takes a strong stance against repeated copyright violations and may terminate accounts of those who repeatedly infringe copyrights. This process aligns with the guidelines outlined in the Digital Millennium Copyright Act (DMCA). If the initial notice doesn't fully comply with DMCA regulations but meets certain requirements, the Site will try to contact the complaining party to assist in meeting notification standards. Once the Site's Designated Agent receives a valid notice, they promptly remove the infringing material and inform the user affected. The affected user can then submit a counter-notification, stating under penalty of perjury that the material was wrongly identified and removed. If the Designated Agent receives this counter-notification, they will restore the material within 10 to 14 days, unless the Site is notified of a court action by the complaining party seeking to stop the infringement.
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 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 the Site relating to the actions taken in response to the counter-notification.
To submit a counter-notification, please provide 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 before such material was removed and/or disabled (preferably including specific url’s associated with the material).
A statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used: "I declare, under penalty of perjury, that I genuinely believe the mentioned material was taken down or deactivated by the service provider due to an error or misidentification of the content to be removed or deactivated."
The Recipient's contact details, including address, telephone number, and email address.
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:
dmca@naughtycreator.com
or
NCreator OÜ
Attn: Copyright Agent
Harju maakond, Tallinn
Lasnamäe linnaosa, Lõõtsa tn 2a
11415 Estonia
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-compliant counter-notification, we will forward it to Our Designated Copyright Agent, 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 replace or 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 on the Site’s system or network.
Please do not send any other inquiries or information except for those related to the DMCA Counter-Notification Procedure. 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.
CUSTOMER SERVICE REQUESTS
Kindly understand that the DMCA Agent operates solely as legal counsel from an external law firm and is not affiliated with the Site in any additional capacity. For any inquiries regarding customer service, payment concerns, or cancellation requests, please address them directly to the Site's dedicated customer service department at support@naughtycreator.com, as these matters will not be addressed by the DMCA Agent.
