DMCA Notification of Copyright Infringement Procedure
This DMCA Notification of Copyright Infringement Procedure has been updated on October 16, 2023
PAXTERN LIMITED (Legal address: 4-8 Ludgate Circus, London, England, EC4M 7LF, United Kingdom, company number: 14690414) («PORNGAP», «We», «Our») respects the intellectual property rights of others and takes copyright infringement notifications seriously.
If You believe that any material accessible on https://porngap.com/ («Website») infringes copyright, You, as a copyright owner or an agent authorized to act on the owner’s behalf, may submit a copyright infringement notification under the Digital Millennium Copyright Act («DMCA») according to the mechanism provided by PORNGAP herein.
We will respond to notices of alleged copyright infringement that comply with the DMCA or any other applicable intellectual property laws.
Please note that there are legal consequences for filing an improper DMCA notification or counter notification or making misrepresentation under the DMCA. If you are unsure whether you have the right and/or the legal ground to file a DMCA notification or counter notification, or whether the material in question is in fact infringing or posted or used in contradiction with the applicable copyright laws, please seek the advice of an attorney or other legal professional.
- PROCEDURE FOR DELIVERING DMCA NOTIFICATION
- 1.1. If You believe that content posted on Our Website infringes copyright and no legal exception exists, You, as a copyright owner or an agent authorized to act on the owner’s behalf, may submit a DMCA copyright infringement notification to PORNGAP to the addresses below:
- 1.1.2. Our Designated Copyright Agent’s to receive DMCA notifications is:
Yurii Rybchuk
384 Streatham High Rd
London, UK, SW16 6HP
Email: dmca@porngap.com
- 1.2. A DMCA notification must include the following information:
- 1.2.1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works, and a clear description of such materials and nature thereof;
- 1.2.2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit PORNGAP to locate the material to be removed or access to which is to be disabled, including the URL(s) on the Website where such material may be found;
- 1.2.3. Your contact information reasonably sufficient to permit PORNGAP to contact you, including your address, telephone number, and email address;
- 1.2.4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- 1.2.5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner;
- 1.2.6. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner that has been allegedly infringed.
- 1.3. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notification may not be effective. In such a case and if your notification substantially complies with clauses 1.2.1—1.2.3 above, We will use reasonable measures to contact you to inform the reasons why your notification is not effective and the steps to be taken to make it compliant with Section 512(c)(3) of the DMCA.
- 1.4. If Our Designated Copyright Agent receives an effective DMCA notification in accordance with the foregoing, PORNGAP will remove or disable access to the material identified in the notification and will take reasonable steps to notify the User who is responsible for posting the allegedly infringing material.
- 1.5. In accordance with the DMCA and other applicable laws, in appropriate circumstances and at PORNGAP’s sole discretion, PORNGAP may terminate or disable the access to the Website for, or the Personal Accounts of, Users who infringe any intellectual property laws and/or who are deemed to be repeat infringers.
- 1.6. Please note that in case of knowingly materially misrepresentation that material or activity is infringing copyright, you may be held liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.
- 1.7. Please note that information from your DMCA notification, including the copyright owner’s name and description of the work(s) allegedly infringed, may be published on Our Website in relation to the material in question. All the information provided in your DMCA notification and the copy thereof may be forwarded to the User who is responsible for posting the allegedly infringing material, law enforcement officials, and Our legal advisers. By submitting a DMCA Notice, you consent to having your information and any Personal Data revealed in this way.
- 1.8. All copyright infringement notifications must be written in English.
- PROCEDURE FOR DELIVERING DMCA COUNTER NOTIFICATION
- 2.1.If you have received a DMCA notification and believe that the material was removed or access to it was disabled by mistake, or misidentification, or the material is either not infringing or was otherwise posted and used legally in accordance with the copyright laws, you, as a copyright owner or an agent authorized to act on the owner’s behalf, may submit a counter notification to PORNGAP to the addresses below:
- 2.1.1. Our Designated Copyright Agent’s to receive counter notifications is:
Yurii Rybchuk
384 Streatham High Rd
London, UK, SW16 6HP
Email: dmca@porngap.com
- 2.2. A counter notification must include the following information:
- 2.2.1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- 2.2.2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled by mistake or misidentification;
- 2.2.3. Your name, address (mail and/or email), and telephone number;
- 2.2.4. Your physical or electronic signature; and
- 2.2.5. A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which PORNGAP is located, and that you will accept service of process from the original complaining party or its agent.
- 2.3. If you fail to comply with all of the requirements of Section 512(g)(3) of the DMCA, your DMCA notification may not be effective.
- 2.4. If Our Designated Copyright Agent receives an effective counter notification in accordance with the foregoing, PORNGAP will reasonable steps to promptly forward a copy of thereof to the original complaining party and notify that PORNGAP will replace the removed material or cease disabling access to it in 10 (ten) business days, but no later than 14 (fourteen) business days from the date of receipt the counter notification, unless Our Designated Copyright Agent receives a notice from the original complaining party of an action filed seeking a court order to restrain the relevant User from engaging in infringing activity relating to the material in question.
- 2.5. Please note that in case of knowingly materially misrepresentation that was removed or disabled by mistake or misidentification, you may be held liable for damages, including costs and attorneys’ fees, under Section 512(f) of the DMCA.
- 2.6. Please note that all the information provided in your counter notification and the copy thereof may be forwarded to the original complaining party, law enforcement officials, and Our legal advisers. By submitting a counter notification, you consent to having your information and any Personal Data revealed in this way.
- 2.7. All counter notifications must be written in English.
