DMCA
How to Report a Copyright Infringement
PornMixer (referred to from here on as the "Website") holds a strong regard for the intellectual property rights of others and expects its users to uphold the same principles. To address instances of copyright infringement, PornMixer has implemented a policy to deactivate and/or terminate the accounts of users who repeatedly violate or face repeated charges of violating the copyrights or other intellectual property rights of others.
Although our company operates outside the jurisdiction of the United States and is not subject to U.S. law, we recognize the importance of respecting the rights of copyright owners. Consequently, we have voluntarily adopted certain policies to comply with laws like the Digital Millennium Copyright Act. Nonetheless, our company retains all rights and objections regarding the formal application of U.S. law to its operations.
In compliance with the Digital Millennium Copyright Act of 1998, PornMixer promptly addresses claims of copyright infringement committed by third parties using the Website. Such claims should be reported to PornMixer's designated DMCA agent, as identified below.
If you are a copyright owner or authorized representative acting on behalf of one, please report alleged instances of copyright infringement occurring on or through the Site by completing a DMCA notice of alleged infringement and submitting it to PornMixer's DMCA Agent. Upon receiving the notice as outlined below, PornMixer will take appropriate action at its sole discretion, which may include the removal of the disputed material from the Website.
If you wish to request the removal of content that is not related to copyright issues, such as privacy concerns, abuse, harassment, inappropriate or illegal content, please utilize the following form: https://pornmixer.org/about/PrivacyRemoval
To file a DMCA request, please complete the DMCA Form available at https://pornmixer.org/about/DMCARemoval. This form is specifically designed to gather the necessary information related to your copyright infringement claim.
Detail Requirements
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide the following information in the above DMCA Removal Form:
- An electronic 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 Website, 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.
- 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.
Please note that our DMCA Agent is not authorized to accept or waive service of formal legal process, except as required for accepting valid DMCA Notices. Any other inquiries or information should not be sent to the DMCA Agent unless express permission has been granted.
Your notice and information will be forwarded to the related user(s). If you prefer that your information not be forwarded, please utilize our privacy removal form instead, available at: https://pornmixer.org/about/PrivacyRemoval. This form is specifically designed for content removal requests unrelated to copyright issues, such as privacy concerns.
Contacting Us
For any other inquiries, please feel free to contact us at [email protected].
For additional information regarding notification and takedown requirements, please refer to the Digital Millennium Copyright Act (DMCA) available at: https://www.law.cornell.edu/uscode/text/17/512.
Please be aware that abusing the DMCA Notice procedures or misrepresenting facts in a DMCA Notice or Counter-notification may result in legal liability, including damages, court costs, and attorney's fees under federal law (17 U.S.C. § 512(f)). These Notice and Takedown Procedures specifically apply to claims of copyright infringement by copyright holders and their agents, and not to any other forms of abuse, infringement, or legal claims. We are committed to investigating and taking appropriate action against individuals who abuse the DMCA notification or counter-notification procedure. It is essential to ensure that you meet all the necessary legal qualifications before submitting a DMCA Notice to our DMCA Agent.
Take Down Procedure
Upon receiving a notification of claimed copyright infringement, this Website follows a "notification and takedown" procedure. The Website reserves the right to disable access to or remove any material or activity on the Website that is alleged to be infringing or where there is apparent infringing activity based on facts or circumstances. The Website has a strict policy to terminate the accounts of repeat copyright infringers, when appropriate. In accordance with the Digital Millennium Copyright Act (DMCA) section 512, the Website will promptly remove access to any material that infringes on another's copyright.
The DMCA Notice Procedures of the Website are outlined in the previous paragraphs. If a Notice does not fully comply with section 512 of the DMCA but meets the requirements for identifying infringing sites, as specified in section 512, the Website will make efforts to contact the complaining party and assist them in meeting the notification requirements.
When the DMCA Agent receives a valid Notice, the Website will expeditiously remove and/or disable access to the infringing material and will notify the user affected by such action. The affected user has the option to submit a counter-notification to the DMCA Agent. The counter-notification must include a statement made under penalty of perjury, stating that the user has a good faith belief that the material was removed due to a misidentification of the material. Upon receiving the counter-notification, the DMCA Agent will reinstate the material in question within ten to fourteen (10-14) days, unless notified of a court action filed by the complaining party seeking an injunction against the alleged infringing activity.
Counter-Notification Procedure under DMCA
If a recipient of a Notice of Claimed Infringement believes that the notice is erroneous or false, and/or that the allegedly infringing material has been wrongly removed, they may submit a counter-notification in accordance with § 512(g)(2)-(3) of the DMCA. The counter-notification allows the recipient to dispute the removal or disabling of material based on a notice. The information provided in the counter-notification must be accurate and truthful, as the recipient may be held liable for any misrepresentations that result in claims against the Website related to the actions taken in response to the counter-notification.
To submit a counter-notification, please provide the following information to our DMCA Agent:
- A specific description of the material that was removed or disabled based on the Notice.
- A description of where the material was located on the Website or within the content (as defined in the Website's Terms of Service Agreement) before its removal and/or disabling, preferably including specific URLs associated with the material.
- A statement expressing the recipient's belief that the removal or disabling of the material was done erroneously. The following format may be used for convenience: "Under penalty of perjury, I solemnly declare that I genuinely believe, in good faith, that the mentioned material was mistakenly or inaccurately removed or disabled by the service provider."
- The recipient's physical 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. If the recipient is outside of the United States, they consent to the jurisdiction of any judicial district in which the service provider may be found. The statement should also indicate that the recipient will accept service of process from the person who provided the Notice or that person's agent.
The notification containing the above information must be electronically signed and sent to our DMCA Agent by following procedures outlined in the communication which described the claim, or by accessing https://pornmixer.org/about/DMCACounter
Please refrain from sending other inquiries or information to our DMCA Agent. Our DMCA Agent is not authorized to accept or waive service of formal legal process without prior express permission. Any agency relationship beyond what is necessary to accept valid DMCA Notices is expressly disclaimed.
All DMCA notices and counter-notifications must be written in the English language. Notices written in foreign languages or using foreign characters will be considered non-compliant and disregarded.
Upon receiving a DMCA complaint or counter-notification, our DMCA Agent will forward it to the Website. The Website will then provide the counter-notification to the claimant who initially sent the original Notice identifying the allegedly infringing content.
After receiving a counter-notification, the Website will replace or cease disabling access to the disputed material at its own discretion, provided that neither the Website nor our DMCA Agent has received notice of a court order filed by the original claimant seeking to restrain the recipient from engaging in infringing activity related to the material on the Website's system.
Repeat Infringers
In compliance with the DMCA and relevant laws, we have implemented a policy to deactivate or restrict the accounts of users who are identified as repeat infringers, at our discretion and when deemed appropriate. Additionally, we reserve the right, at our sole discretion, to restrict access to PornMixer, deactivate accounts, or disable the accounts of any users found to be infringing upon the intellectual property rights of others, regardless of whether such infringement is a repeat occurrence or not.
modifications
The Website retains the right to amend, modify, or supplement this policy, and it is recommended that all individuals concerned periodically review it to stay updated on any such revisions.