Last Modified: Apr 1, 2016
DMCA notice & takedown policy and procedures
Notice of Claimed Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Agent (identified below) with the following information:
- (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- (b) description of the copyrighted work or other intellectual property that you claim has been infringed;
- (c) a description of where the material that you claim is infringing is located on the SITE (preferably including specific url's associated with the material);
- (d) your address, telephone number, and email address;
- (e) 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;
- (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to:
Please do not send other inquires or information to our Designated Agent.
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 to our Designated Agent.
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 any 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 account 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 three requirements for identifying sites that are infringing according to §512 of the DMCA, the SITE shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the SITE will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The SITE reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
DMCA counter-notification procedure
If the Recipient of a Notice of Claimed Infringement ("Notice") 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 Our Designated Copyright agent the following information:
- (a) a specific description of the material that was removed or disabled pursuant to the Notice;
- (b) 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);
- (c) 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 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."
- (d) the Recipient's physical address, telephone number, and email address;
- (e) 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 SUPPORT:
Do not send any other information or material to the DMCA Agent.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, 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.
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 regularly to stay current on any such changes.
Customer service requests
Please note that the DMCA Agent is not associated with the Site in any other capacity, but is an attorney with a private law firm. Customer service inquiries, payment questions, and cancellation requests will not receive a response. All such communications must be directed to the Site's customer service department.
Last Modified: Apr 1, 2016
- A. The operative parties referred to in this policy are Company and You, the User of this site.
- 1. Anycom Publishing is the publisher and operator of the website(s) listed at the beginning of this Policy. Hereinafter, Anycom Publishing shall be referred to as "Company". When first-person pronouns are used in this Policy, (Us, We, Our, Ours, etc.) these provisions are referring to Company. Additionally, when the terms "the Site" or "Site" are used, these terms refer to the website(s) listed at the beginning of this Policy.
- 2. You, the User - As the User of this Site, this Policy will refer to the User as "You" or through any applicable second-person pronouns, such as "Yours," etc. Hereinafter, the User of the Site shall be referred to in applicable second-person pronouns.
II. Revisions to this policy
We reserve the right to revise, amend, or modify this Policy and Our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Policy by re-visiting this web page and using the "refresh" button on Your browser. You should note the date of last revision to this Policy, which appears at the top of this Policy. If the "last modified" date remains unchanged after You have clicked the "refresh" button on Your browser, You may presume that no changes have been made since the last reading of the Policy. A changed "last modified" dates indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
III. Personal information that We collect
Visitors to Our Site and services will have multiple manners of interactivity with Us. Depending upon Your level of interaction, We will collect different information about You. The type of information collected is as follows:
- A. Members - Members are those Users who interact with Our services in a way which requires registration. Members are required to provide a valid e-mail address and username to complete registration.
- B. Browsers - Browsers are visitors to the Site who never enter into any active data collection pages. Browsers may, however, view content uploaded by Members. Any information gathered from Browsers is also gathered from Members.
IV. How We collect information from You
- A. Passive Collection - We collect information about You in order to enhance Your experience on the Site. The information collected includes, but is not limited to, Your User IP address, browser information and other session data.
- B. Active Collection - We collect information from You, such as a username and e-mail address when You complete the registration form to sign up for Your membership on Our Site, this information will be used to generate an automatic Member profile listing your geographic location. Providing any additional information for Your Member profile is completely optional. Locations for data collection are registration or personal profile pages, but We reserve the right to add additional information collection portals.
V. How We use Your information
The primary use for Your information is to provide You with services You have requested and/or paid for. We also use Your information to deliver customized services, account information and Site updates to You. Non-personal and aggregate information, such as that collected passively is used in order to customize Our marketing efforts or to customize the use of Our Site for an aggregate group of customers. We additionally may use the personal information of Users whose membership has expired or has been cancelled in order to market Our services to these individuals in the future.
When You provide optional information on Your profile, You should consider all such information to be public, and accessible by anyone unless otherwise stated. Even if You choose not to make public any personally identifying information, You should understand that there is a possibility that You may still be identified through the information You provided. You understand that using this Site places You in control of all of the information displayed on Your profile, with the exception of Your username and geographic location, and You are fully responsible for any consequences arising out of such information You choose to publish.
VI. Special cases
It is Our policy not to use or share the personal information about Browsers or Members in ways unrelated to those described in this Policy without also providing You an opportunity to opt out or otherwise prohibit such unrelated uses. However, We may disclose personal information about Browsers or Members, or information regarding Your use of the services or Site(s) accessible through Our services, for any reason if, in Our sole discretion, We believe that it is reasonable to do so, including:
- 1. To satisfy any laws, such as the Electronic Communications Privacy Act, regulations, or governmental, or legal requests for such information.
- 2. To disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms & Conditions or other User policies.
- 3. To operate Our services properly.
- 4. To protect ourselves, Our Members, and the general public. We specifically reserve the right to disclose any and all information to law enforcement in the event that a crime is committed, is suspected, or if We are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
- 5. We may cooperate with law enforcement authorities seeking information about Our end users to the extent required by applicable law. We may cooperate with private party litigants, governmental administrative or regulatory agencies, and investigative journalists if We are legally advised to do so after attempting to invoke any necessary legal protections pertaining to user information. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
- 6. Anyone who violates Our Anti-Spam Policy, if applicable, may have their personal information made public. If there is any investigation on any unlawful spamming, or any use of bulk e-mail in order to promote Your User profile, or any use of bulk e-mail in any manner that leads back to Our Site, or any one of Our Sites, We will cooperate with any and all parties completely and freely in order to see that Your bulk e-mail activities stop.
VII. Transmittals from Us
We may send You periodic announcements including the details of Our existing and new programs. You may opt out of these announcements by contacting Support or by clicking the opt-out link at the bottom of these emails. If You opt out of these marketing emails, You may still receive system notices and other information that is specifically related to Your account.
If You provide Your information to Us, use the Site, or subscribe to any of Our services, You will have created a commercial relationship with Us. In having done so, You understand that even unsolicited commercial email sent from Us or Our affiliates is not SPAM as that term is defined under the law.
VIII. Public areas
Any information provided in a forum, commentary areas, profile, Member directory, or other related service should be considered to be public information. We do not, cannot, and will not act to maintain the privacy of any information that You provide in any such forum or medium.
IX. Our commitment to data security
We take measures to protect the transmission of all sensitive end-user information. We make every effort to ensure the integrity and security of Our network and systems. Nevertheless, We cannot guarantee that Our security measures will prevent third-party 'hackers' from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals, We are unable to guarantee that Our security is one hundred percent (100%) breach-proof. You assume the risk of such breaches to the extent that they occur despite Our reasonable security measures.
X. How to access or modify Your information
We may offer our Members the opportunity to access or modify information provided during registration. To access or modify such information, please refer to Your account settings page or the profile editing page.
18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
§ Exemption Statement
This Site only permits depictions of individuals who were 18 or older when the depictions were created.
All visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §2257, §2257A and / or 28 C.F.R. §75, because:
- 1. They do not portray conduct as specifically listed in 18 U.S.C §2256 (2)(A)(I) through (IV);
- 2. They do not portray conduct as specifically listed in 18 U.S.C. §2257A produced after March 19, 2009;
- 3. They do not portray conduct listed in 18 U.S.C. §2256 (2)(A)(V) produced after March 19, 2009;
- 4. The visual depictions were created prior to July 3, 1995;
- 5. This Company does not act as a "producer" with respect to the dissemination of such exempt images as that term is defined in 28 C.F.R. §75.1 (C).
Questions or comments regarding this disclosure should be addressed to Support