Digital Millennium Copyright Act (“DMCA”)
COPYRIGHT INFRINGEMENT NOTIFICATION INSTRUCTIONS
Thank you for visiting our website. These Copyright Infringement Notification Instructions are for copyright related claims only. Should you have any comments, questions, concerns, or issues related to abuse, harassment, inappropriate content, or privacy issues, contact us immediately. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”) and/or any other applicable intellectual property legislation or laws. Responses may include removing, blocking or disabling access to material claimed to be the subject of infringing activity and/or terminating the user’s access to www.theporntorrent.com
By utilizing the Website you agree that you have consulted with an attorney of your own choosing and at your own expense in order to fully understand all of your legal rights and obligations as a result of utilizing the Website and these Copyright Infringement Notification Instructions.
WARNING: PURSUANT TO 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE SUBJECT TO LIABILITY OR DAMAGES. DO NOT MAKE FALSE CLAIMS OF COPYRIGHT INFRINGEMENT.
Should you desire to review the full Text of the Digital Millennium Copyright Act (“DMCA”), you may click HERE (https://www.law.cornell.edu/uscode/text/17/512) or should you desire to review a memorandum summarizing each title of the DMCA you may click HERE (https://www.copyright.gov/legislation/dmca.pdf). The information contained at the afore-mentioned linked webpages is for your convenience only and we make no promises or representations related to the information contained therein including its accuracy.
Pursuant to 17 U.S.C. § 512(k)(1) of the DMCA, this Website is a “Service Provider” and is entitled to certain protections commonly referred to as the “Safe Harbor” provisions.
CLAIM OF INFRINGEMENT
If you believe that someone has posted material that infringes your copyright, a notification of a claimed copyright infringement must be provided via email or regular mail to us and must include the following information (the list below comes substantially straight from the statute 17 U.S.C. § 512(c)(3); if you do not understand the language please seek independent legal advice):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. 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;
6. 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;
Send all takedown notices to our DMCA Agent. Please send by email.
Lawrence G. Walters, Esq. Walters Law Group, 195 Pine Avenue, Longwood FL 32750 copywright@theporntorrent.com
COUNTER NOTIFICATION – RESTORATION OF MATERIAL
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
1. Your physical or electronic signature.
2. A description of the material that has been taken down and the original location of the material before it was taken down.
3. A statement under penalty of perjury that you have 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.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
5. Email your counter notice to our DMCA Agent:
Lawrence G. Walters, Esq. Walters Law Group, 195 Pine Avenue, Longwood FL 32750 copywright@theporntorrent.com
REPEAT OFFENDERS
We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
These Copyright Infringement Notification Instructions may be and shall be modified from time to time without notice. You are solely responsible for regularly reviewing these Copyright Notification Instructions.
REPEAT INFRINGERS
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating or disabling, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also at our sole discretion limit access to ThePornTorrent, terminate or disable the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Video Fingerprinting
We use MediaWise®, an automated audiovisual identification system, to assist us in identifying and blocking potentially infringing content from being uploaded by users. Videos uploaded to ThePornTorrent are compared against a database of digital fingerprints. When a video is matched to a digital fingerprint, access to it is disabled. If you are interested in having your content digitally fingerprinted by the provider of the automated audiovisual identification system we use, please contact Vobile in one of the manners described at http://www.vobileinc.com/contact/.