DMCA Notice & Takedown Policy and Procedures

Last Updated: December 1, 2024

Please understand that the UsersPorn project is a hosting service for user-uploaded videos and photos. We do our best to quickly remove content that violates our Terms of Use or applicable law once such material is reported.

Although our website is not based in the United States, we respect the intellectual property rights of copyright holders and have voluntarily chosen to comply with the Notice and Takedown provisions of the Digital Millennium Copyright Act (“DMCA”).

The website usersporn.com (“SITE”) qualifies as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act (“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 customers, subscribers, or users.

Filing A DMCA Notice Of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• Identification of the copyrighted work you believe has been infringed, or if the claim involves multiple works, a representative list of such works.
• Identification of the material you believe to be infringing, described in a sufficiently precise manner to allow us to locate the material. If your complaint does not contain the specific URL of the video/photo you believe infringes your rights, we may be unable to locate and remove it. General information about the video/photo, such as a channel URL or username, is typically not sufficient. Please include the URL(s) of the exact video(s)/photo(s).
• Adequate contact information, including your name, postal address, telephone number, and email address, so we and the uploader(s) of the video(s)/photo(s) can contact you if necessary.
• A statement of good faith belief that the use of the copyrighted material is not authorized by the copyright owner, their agent, or the law.
• A statement of accuracy, affirming under penalty of perjury that the information in the written notice is accurate, and that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
• A physical or electronic signature of the copyright owner or their authorized representative. To satisfy this requirement, you may type your full legal name as your signature at the bottom of your complaint.

You may send your Notice of Claimed Infringement to the following email address: dmca@usersporn.com

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

Please do not send other inquiries or information to this email address. Absent prior express permission, our legal department is not authorized to accept or waive service of formal legal process, and any relationship beyond that required to accept valid DMCA Notices is expressly disclaimed. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

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 attorney's 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 us.

All information provided in a DMCA Notice, the actual DMCA Notice (including your personal information), or both may be forwarded to the uploader of the allegedly infringing content. By submitting a DMCA Notice, you consent to having your information disclosed in this way.

Take Down Procedure

The 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 or from the SITE or any materials claimed to be infringing, or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the SITE to terminate the accounts 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 Digital Millennium Copyright Act (“DMCA”).

The SITE’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA but does comply with the three requirements for identifying infringing sites according to §512 of the DMCA, the SITE will attempt to contact or take other reasonable steps to assist the complaining party in complying with the notice requirements.

When we receive a valid notice, the SITE will expeditiously remove and/or disable access to the infringing material and notify the affected user. The affected user may then submit a counter-notification to us containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification. After we receive the counter-notification, we will replace the material at issue within 10–14 days unless we receive notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.

DMCA Counter-Notification Procedure

If you have received a DMCA Notice and believe that the material you posted on the SITE was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”). Counter-notifications must be submitted by the video’s original uploader or an agent authorized to act on their behalf.

Counter-notifications must be sent to the following email address: dmca@usersporn.com

Please do not send other inquiries or requests to this email address. Absent prior express permission, our legal department is not authorized to accept or waive service of formal legal process, and any relationship beyond that required to receive valid DMCA Notices or Counter-Notices (as defined below) is expressly disclaimed.

Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• 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 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, email address, and physical or electronic signature.
• 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.

We will not respond to counter notifications that do not meet the requirements outlined above.

After we receive your Counter Notice, we will forward it to the party who submitted the original DMCA Notice and inform them that the removed material may be restored after ten (10) business days, but no later than fourteen (14) business days from the date we received your Counter Notice, unless our legal department first receives notice from the party who filed the original DMCA Notice, informing us that they have filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that when we forward your Counter Notice, it will include your personal information. By submitting a counter notification, you consent to having your information disclosed in this way. We will not forward the counter notification to any party other than the original claimant, law enforcement, or parties that assist us with enforcing and protecting our rights.

Please be aware that if you knowingly and materially misrepresent that material or activity on the SITE 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.

Repeat Infringers

In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating or disabling, in appropriate circumstances and at our sole discretion, the accounts of users deemed to be repeat infringers. We may also, at our sole discretion, limit access to the SITE or terminate or disable the accounts of any users who infringe the intellectual property rights of others, regardless of whether there is repeat infringement.

Service Provider Customers or Subscribers

In the event that the alleged infringer identified in an intended DMCA Notice is, itself, operating as a “Service Provider” within the meaning of 17 U.S.C. § 512(k)(1), the SITE requests that any such DMCA Notices relating to alleged infringement by third party users, customers or subscribers of such service providers be submitted directly to the DMCA Agent designated by the service provider instead of the SITE.

Modifications to Policy

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.