Back

DMCA Policy

Digital Millennium Copyright Act Policy

Last Updated: January 2025

This policy outlines how SexySelfies responds to copyright infringement claims under the Digital Millennium Copyright Act (DMCA). We respect intellectual property rights and provide clear procedures for filing takedown notices and counter-notices.

1. DMCA Overview

SexySelfies respects intellectual property rights and is committed to complying with the Digital Millennium Copyright Act of 1998 (DMCA). We respond promptly to notices of alleged copyright infringement that comply with the DMCA and other applicable laws.

This policy outlines the information required for filing a DMCA takedown notice, our response procedures, and the counter-notice process available to users who believe their content was removed in error.

Legal Reference: This policy is implemented under 17 U.S.C. § 512(c)(3)(A) of the Digital Millennium Copyright Act.

3. Filing a DMCA Takedown Notice

If you believe that content hosted on SexySelfies infringes your copyright, you may submit a DMCA takedown notice. A valid notice must include ALL of the following elements as specified under 17 U.S.C. § 512(c)(3)(A):

Required Elements

  • Physical or Electronic Signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
  • Identification of Copyrighted Work: Identification of the copyrighted work claimed to have been infringed, or a representative list if multiple works are involved
  • Identification of Infringing Material: Identification of the material that is claimed to be infringing, including specific URLs or other information sufficient to locate the material on our platform
  • Contact Information: Your name, address, telephone number, and email address so we may contact you regarding your notice
  • Good Faith Statement: A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
  • Accuracy Statement: A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner
Important: Incomplete notices will not be processed. False or fraudulent DMCA claims may result in legal liability under 17 U.S.C. § 512(f).

4. Where to Send DMCA Notices

All DMCA takedown notices must be sent to our designated DMCA agent:

Designated DMCA Agent

Email: dmca@sexyselfies.com

Subject Line: DMCA Takedown Notice

Email is Preferred: For fastest processing, please send notices via email with all required documentation attached.

What to Include in Email

  • Subject Line: Use "DMCA Takedown Notice" as the email subject line for prompt routing
  • All Six Required Elements: Ensure your notice contains all six elements outlined in Section 3 above
  • Direct URLs: Provide direct URLs to the specific infringing content on our platform
  • Evidence of Ownership: Attach or link to evidence of your copyright ownership, such as registration certificates or original works

5. Our Response Timeline

Upon Receipt of Valid Notice

  • Initial Review: We review all incoming DMCA notices within 24 hours of receipt to verify completeness and validity
  • Content Removal: Infringing content is removed or access is disabled within 24-48 hours of receiving a valid notice
  • User Notification: The user who uploaded the content is promptly notified of the takedown and provided with a copy of the notice
  • Counter-Notice Period: The affected user has 10-14 business days to file a counter-notice if they believe the removal was in error
  • Restoration: If no valid counter-notice is received, the content remains removed permanently. If a valid counter-notice is filed, the content may be restored after 10-14 business days unless the complainant files a court action
Repeat Infringers: Users who receive multiple valid DMCA notices will have their accounts reviewed and may be permanently banned under our repeat infringer policy.

6. Counter-Notice Process

If you believe your content was removed in error or that you have the right to use the material, you may file a counter-notice under the DMCA.

Required Elements for Counter-Notice

  • Your Signature: A physical or electronic signature of the user whose content was removed
  • Identification of Material: Identification of the material that was removed and the location where it appeared before removal
  • Good Faith Statement: A statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification
  • Consent to Jurisdiction: A statement consenting to the jurisdiction of the federal district court for the judicial district in which your address is located
  • Service of Process: A statement that you will accept service of process from the person who provided the original DMCA notice or an agent of such person

Counter-Notice Timeline

  • Filing Period: You have 10-14 business days from receipt of the takedown notification to file a counter-notice
  • Forwarded to Complainant: Your counter-notice will be forwarded to the original complainant within 2-3 business days
  • Court Action Window: The complainant has 10-14 business days to file a court action seeking a restraining order against the user
  • Content Restoration: If the complainant does not file a court action within the specified period, the removed content may be restored
Send Counter-Notices To: dmca@sexyselfies.com with subject line "DMCA Counter-Notice"

7. Repeat Infringer Policy

In accordance with the DMCA and our commitment to protecting intellectual property, SexySelfies maintains a policy for the termination of repeat infringers.

What Constitutes a Repeat Infringer

  • Multiple Valid Notices: A user who is the subject of two or more valid DMCA takedown notices
  • Repeated Uploads: A user who repeatedly uploads content after being notified that it infringes copyright
  • Fraudulent Counter-Notices: A user who files fraudulent or bad faith counter-notices to circumvent the takedown process

Consequences

  • First Violation: The infringing content is removed and the user receives a formal warning notification
  • Second Violation: The infringing content is removed and the user's account is suspended for 30 days
  • Third Violation: The user's account is permanently terminated and all associated content is removed from the platform
Appeal Process: Users may appeal account termination by providing evidence that the DMCA claims were invalid or fraudulent. Appeals should be sent to dmca@sexyselfies.com.

8. Good Faith Requirements

Both DMCA takedown notices and counter-notices must be filed in good faith. Abuse of the DMCA process may result in legal liability and sanctions.

For Copyright Holders

  • Verify Ownership: Ensure you actually own or are authorized to enforce the copyright before filing a notice
  • Accurate Information: Provide accurate and truthful information in all aspects of your notice
  • Specific Claims: Clearly identify the specific copyrighted work and the specific infringing material with precise URLs
  • Legal Liability: Filing a false DMCA notice may subject you to liability for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f)

For Users Filing Counter-Notices

  • Legitimate Basis: Ensure you have a legitimate basis for your counter-notice, such as ownership, license, or fair use
  • Legal Rights: Understand that filing a counter-notice may result in the original complainant pursuing legal action against you
  • Consequences: Filing a fraudulent counter-notice may result in account termination and potential legal liability
Perjury Warning: Both DMCA notices and counter-notices are made under penalty of perjury. False statements may result in criminal prosecution.

9. Platform Liability & Safe Harbor

SexySelfies operates under the DMCA safe harbor provisions as an online service provider. We are committed to maintaining compliance with all requirements to preserve our safe harbor status.

Safe Harbor Compliance

  • No Actual Knowledge: We do not have actual knowledge of infringing material until we receive a valid DMCA takedown notice
  • Expeditious Response: We respond promptly to remove or disable access to infringing material upon receiving valid notice
  • Repeat Infringer Policy: We maintain and enforce a policy for the termination of repeat infringers
  • Designated Agent: We have a designated DMCA agent registered for receiving takedown notices

No Obligation to Monitor

  • No Active Monitoring: SexySelfies is not required to actively monitor all user-uploaded content for potential copyright infringement
  • Rights Holder Responsibility: We rely on copyright holders to identify and report infringing content through the DMCA process
  • No Pre-Publication Review: We do not review all content for copyright compliance before publication on the platform

User Responsibility

  • Sole Responsibility: Users are solely responsible for ensuring they have the rights to all content they upload
  • No Platform Liability: SexySelfies is not liable for copyright infringement committed by users of the platform
  • Indemnification: Users agree to indemnify and hold SexySelfies harmless from any claims arising from their uploaded content

10. Modifications to This Policy

SexySelfies reserves the right to modify this DMCA policy at any time. Changes will be effective immediately upon posting to the platform.

How We Notify You

  • Last Updated Date: The "Last Updated" date at the top of this policy is revised whenever changes are made
  • Material Changes: For significant changes, we may provide additional notice via email or platform notifications
  • Continued Use: Your continued use of SexySelfies after changes are posted constitutes acceptance of the updated policy

Review Regularly

  • Check Periodically: We encourage you to review this policy periodically to stay informed about our DMCA procedures
  • Contact Us: If you have questions about changes to this policy, please contact us at dmca@sexyselfies.com
  • Review Annually: We recommend reviewing this policy at least once per year to ensure you understand your rights and obligations
Effective Date: This policy is effective immediately upon posting. Previous versions are superseded by the current version.

Submit a DMCA Notice

If you believe content on SexySelfies infringes your copyright, please submit a complete DMCA takedown notice to our designated agent.

dmca@sexyselfies.com

We typically respond to valid DMCA notices within 24-48 hours.