DMCA / International Copyright Policy
Last Updated: 2025-10-29 (Note: Content dynamically combines multiple policies.)
DMCA / International Copyright Policy\n\nSECTION 1. COMMITMENT TO INTELLECTUAL PROPERTY RIGHTS\n\n1.1. **Adherence to International Law.** DesirePlex maintains a rigorous commitment to respecting the intellectual property rights of others and expects its Users to do the same. This International Copyright Policy (which incorporates the spirit and procedure of the United States Digital Millennium Copyright Act, 'DMCA') outlines the formal procedure for copyright infringement notification and counter-notification.\n\n1.2. **Designated Copyright Agent.** All copyright infringement notifications must be directed to the Company's Designated Copyright Agent:\n\nDesirePlex Legal Department\nEmail: desireplex@gmail.com (Subject: Formal Copyright Takedown Notice)\n\nSECTION 2. INFRINGEMENT NOTIFICATION (TAKE DOWN PROCEDURE)\n\n2.1. **Authorized Notifier.** Only the copyright owner or an agent authorized to act on the owner's behalf may submit an Infringement Notification.\n\n2.2. **Required Elements of Notification.** A legally sufficient notice must be submitted to the Designated Agent and must substantially include all of the following elements. Failure to include any element may render the notice invalid:\n\n(a) **Physical or Digital Signature:** A physical or electronic (digital) signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.\n(b) **Identification of Copyrighted Work:** 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.\n(c) **Identification of Infringing Material:** Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material (e.g., specific URL(s) on the DesirePlex Platform).\n(d) **Contact Information:** Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.\n(e) **Good Faith Statement:** A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.\n(f) **Accuracy Statement:** A statement that the information in the notification is accurate, and, **under penalty of perjury**, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.\n\n2.3. **Response to Notification.** Upon receipt of a legally compliant Infringement Notification, the Company will take the following actions:\n\n(a) Promptly remove or disable access to the allegedly infringing material.\n(b) Take reasonable steps to promptly notify the User who provided the allegedly infringing Content (the 'Subject User').\n\nSECTION 3. COUNTER-NOTIFICATION PROCEDURE\n\n3.1. **Right to Counter-Notice.** If a Subject User believes that the material was removed or access to it was disabled as a result of mistake or misidentification, the Subject User may submit a Counter-Notification to the Designated Agent.\n\n3.2. **Required Elements of Counter-Notification.** A legally sufficient Counter-Notification must substantially include all of the following elements. Failure to include any element may render the counter-notice invalid:\n\n(a) **Physical or Digital Signature:** A physical or electronic (digital) signature of the Subject User.\n(b) **Identification of Material:** 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 was disabled (e.g., specific URL(s)).\n(c) **Statement Under Penalty of Perjury:** A statement **under penalty of perjury** that the Subject User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.\n(d) **Consent to Jurisdiction (Crucial).** A statement that the Subject User consents to the **jurisdiction of the Federal District Court for the judicial district in which the address provided is located**, or if the User’s address is outside of the United States, to **any judicial district in which the Company may be found**, and that the User will accept service of process from the person who provided the Infringement Notification or an agent of such person.\n(e) **Contact Information:** The Subject User’s name, address, and telephone number, and an electronic mail address.\n\n3.3. **Response to Counter-Notification.** Upon receipt of a compliant Counter-Notification, the Company will take the following actions:\n\n(a) Promptly provide the Infringement Notifier with a copy of the Counter-Notification.\n(b) Inform the Notifier that the removed material may be replaced or access restored within ten (10) to fourteen (14) business days unless the Notifier files a court action seeking a court order to restrain the Subject User from engaging in infringing activity.\n\nSECTION 4. REPEAT INFRINGER POLICY\n\n4.1. **Strict Enforcement.** DesirePlex implements a strict Repeat Infringer Policy. Any User who is the subject of two (2) or more valid and legally compliant Infringement Notifications (without successful counter-notices) will be deemed a 'Repeat Infringer'.\n\n4.2. **Termination of Access.** The Company reserves the right, at its sole discretion, to **immediately terminate the account and access** to the Platform of any User deemed to be a Repeat Infringer, without warning or refund of any subscription fees paid, as consistent with the Terms of Service. This policy is necessary to protect the integrity of the Platform and the intellectual property rights of Content creators.\n\nSECTION 5. RIGHTS CONCERNING USER-GENERATED CONTENT (UGC)\n\n5.1. **UGC Responsibility.** Users who submit UGC (stories, confessions, etc.) are solely responsible for ensuring that their submissions do not violate any copyright or third-party rights. Submission of UGC implies a warranty that the User has the full right and authority to grant the Company the license set forth in the Terms of Service.\n\n5.2. **Indemnification for Infringement.** The User agrees to indemnify and hold the Company harmless from any and all claims, costs, or damages arising from any third-party claim that the User's UGC infringes the intellectual property rights of that third party.