Digital Millennium Copyright Act (DMCA) Policy
Last Updated: January 2, 2026
Effective Date: January 2, 2026
Table of Contents
1. Overview
Pinporn.app ("we," "us," "our," or "the Platform") respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), codified at 17 U.S.C. § 512, we respond promptly to claims of copyright infringement committed using our service.
This DMCA Policy outlines our procedures for:
- Receiving and processing notices of alleged copyright infringement (takedown notices)
- Responding to counter-notices from users who believe their content was wrongly removed
- Terminating accounts of repeat copyright infringers
- Protecting our Safe Harbor status under 17 U.S.C. § 512(c)
DMCA Safe Harbor Protection
As a service provider hosting user-generated content, we qualify for the DMCA's "safe harbor" protections under 17 U.S.C. § 512(c), which limits our liability for copyright infringement by users, provided we:
- Do not have actual knowledge of infringing activity
- Do not receive a financial benefit directly attributable to infringing activity
- Respond expeditiously to remove or disable access to infringing material upon notification
- Designate an agent to receive infringement notifications
- Implement a repeat infringer policy
Important: This policy applies only to claims of copyright infringement under U.S. law. For other types of content violations (child sexual abuse material, non-consensual intimate imagery, harassment, etc.), please see our Content Moderation Policy.
2. Designated DMCA Agent
We have designated an agent to receive notifications of claimed copyright infringement in accordance with 17 U.S.C. § 512(c)(2). All DMCA takedown notices and counter-notices must be sent to our designated agent.
Designated Agent Contact Information
Agent Name:
DMCA Agent
Business Name:
Pinporn.app
Email: [email protected]
Copyright Office Registration:
Our DMCA Agent registration is in process with the U.S. Copyright Office.
⚠️ Important Notice
Our designated agent is registered with the U.S. Copyright Office in accordance with 17 U.S.C. § 512(c)(2). DMCA notices sent to any other address, email, or contact method may not receive a timely response and may not be considered valid under the DMCA.
3. Filing a Takedown Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Platform, you may submit a DMCA takedown notice to our designated agent.
3.1 Statutory Requirements (17 U.S.C. § 512(c)(3))
To be valid under the DMCA, your takedown notice must include all of the following elements:
-
Physical or Electronic Signature
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf (17 U.S.C. § 512(c)(3)(A)(i)). -
Identification of Copyrighted Work
Identification of the copyrighted work claimed to have been infringed. If multiple works are covered by a single notification, a representative list of such works (17 U.S.C. § 512(c)(3)(A)(ii)). -
Identification of Infringing Material
Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material. This should include the specific URL(s) of the content on Pinporn.app (17 U.S.C. § 512(c)(3)(A)(iii)). -
Contact Information
Your contact information, including your address, telephone number, and email address (17 U.S.C. § 512(c)(3)(A)(iv)). -
Good Faith Statement
A statement that you have 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 (17 U.S.C. § 512(c)(3)(A)(v)). -
Accuracy and Authority Statement (Under Penalty of Perjury)
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (17 U.S.C. § 512(c)(3)(A)(vi)).
⚠️ Critical Requirement: Under Penalty of Perjury
By submitting a DMCA takedown notice, you are making statements under penalty of perjury under United States federal law. Knowingly making false statements in a DMCA notice can result in:
- Civil liability under 17 U.S.C. § 512(f) for damages, attorneys' fees, and costs
- Potential criminal perjury charges under 18 U.S.C. § 1621
- Permanent account termination and IP ban from our Platform
Do not submit a DMCA notice unless you are certain that you own the copyright or are authorized to act on behalf of the copyright owner.
3.2 How to Submit a Takedown Notice
You can submit your DMCA takedown notice using one of the following methods:
Option 1: Online Submission Form (Recommended)
Use our online DMCA submission form for the fastest processing:
Our online form ensures all required elements are included and provides real-time case tracking.
Option 2: Email Submission
Send your notice to: [email protected]
Ensure your email includes all six statutory requirements listed in Section 3.1 above.
Option 3: Mail Submission
Send your notice by postal mail to our designated agent at the address listed in Section 2 above.
Note: Mailed notices may take longer to process. We recommend using the online form or email for faster response.
3.3 Our Response Timeline
Upon receiving a valid DMCA takedown notice that complies with all statutory requirements:
- Acknowledgment (Within 24 Hours): We will acknowledge receipt of your notice and assign a case number for tracking.
- Review (1-3 Business Days): Our legal team will review your notice to ensure it meets all statutory requirements under 17 U.S.C. § 512(c)(3).
-
Action (Expeditiously): If your notice is valid, we will:
- Remove or disable access to the allegedly infringing material
- Notify the user who posted the content that their content has been removed
- Provide the user with a copy of your takedown notice (including your contact information)
- Inform the user of their right to file a counter-notice
- Follow-Up (Within 7 Days): We will send you a confirmation email once the content has been removed.
⚠️ Incomplete Notices
If your notice does not include all six statutory requirements, we may not be able to process it. We will notify you of any deficiencies and give you an opportunity to cure them. However, incomplete notices do not trigger our obligation to remove content under the DMCA safe harbor provisions.
4. Counter-Notice Procedure
If you are a user whose content was removed in response to a DMCA takedown notice, and you believe the removal was the result of mistake or misidentification, you have the right to file a counter-notice under 17 U.S.C. § 512(g).
4.1 When to File a Counter-Notice
You may file a counter-notice if you believe:
- You own the copyright to the content that was removed
- You have a license or permission from the copyright owner to use the content
- Your use of the content qualifies as fair use under 17 U.S.C. § 107
- The content was misidentified (it doesn't actually contain the copyrighted work)
- The takedown notice was fraudulent or filed in bad faith
⚠️ Warning: Think Carefully Before Filing
Filing a counter-notice has serious legal consequences:
- Your personal information (name, address, phone, email) will be forwarded to the person who filed the original takedown notice
- You are consenting to the jurisdiction of a U.S. federal court in the district where you reside (or where we are located if you are outside the U.S.)
- The copyright owner may file a lawsuit against you for copyright infringement
- Filing a false counter-notice may result in liability for damages, costs, and attorneys' fees under 17 U.S.C. § 512(f)
Do not file a counter-notice unless you are certain that your content does not infringe copyright or that you have a valid legal defense (such as fair use).
4.2 Counter-Notice Requirements (17 U.S.C. § 512(g)(3))
To be valid under the DMCA, your counter-notice must include all of the following elements:
-
Physical or Electronic Signature
Your physical or electronic signature (17 U.S.C. § 512(g)(3)(A)). -
Identification of Removed Material
Identification of the material that was removed or disabled, and the location where it appeared before removal (the specific URL) (17 U.S.C. § 512(g)(3)(B)). -
Good Faith Statement (Under Penalty of Perjury)
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 (17 U.S.C. § 512(g)(3)(C)). -
Your Name, Address, and Phone Number
Your full legal name, address, and telephone number (17 U.S.C. § 512(g)(3)(D)). -
Consent to Jurisdiction
A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or the Northern District of California if you are located outside the United States), and that you will accept service of process from the person who filed the original takedown notice or their agent (17 U.S.C. § 512(g)(3)(D)).
4.3 How to Submit a Counter-Notice
Send your counter-notice to our designated DMCA agent using one of the methods listed in Section 2 above (online form or email to [email protected]).
4.4 What Happens After You File a Counter-Notice
- We Forward Your Counter-Notice (Within 2 Business Days): We will send a copy of your counter-notice, including your personal contact information, to the person who filed the original takedown notice.
- 10-14 Business Day Waiting Period: Under 17 U.S.C. § 512(g)(2)(C), we must wait 10-14 business days before restoring your content. During this time, the copyright owner may file a lawsuit seeking a court order to keep the content down.
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Content Restoration or Permanent Removal:
- If no lawsuit is filed: We will restore your content within 10-14 business days.
- If a lawsuit is filed: The copyright owner must notify us that they have filed a lawsuit. In that case, your content will remain removed pending the outcome of the lawsuit.
Your Privacy and Counter-Notices
Please be aware that by filing a counter-notice, your name, address, phone number, and email address will be disclosed to the copyright owner who filed the original takedown notice. This is required by the DMCA statute (17 U.S.C. § 512(g)(2)(B)). If you are concerned about privacy, consider whether filing a counter-notice is the right choice for you.
5. Repeat Infringer Policy
In accordance with 17 U.S.C. § 512(i)(1)(A), we have adopted and reasonably implemented a policy for the termination of accounts of users who are repeat copyright infringers.
5.1 Three-Strike System
We operate a three-strike system for copyright infringement:
Strike 1: Warning
First valid DMCA takedown notice → Content removed + email warning + account flagged.
Strike 2: Temporary Suspension
Second valid DMCA takedown notice → Content removed + 7-day account suspension + final warning.
Strike 3: Permanent Termination
Third valid DMCA takedown notice → Permanent account termination + IP address ban + all content removed.
5.2 What Counts as a "Strike"
- Only valid DMCA takedown notices (meeting all statutory requirements) count as strikes
- Takedown notices that are withdrawn by the filer do not count as strikes
- Content successfully restored via counter-notice (without lawsuit) does not count as a strike
- Multiple pieces of content removed in a single takedown notice count as one strike
5.3 Strike Expiration
Strikes expire after 12 months from the date the strike was issued, provided no additional strikes are received during that period. However, permanently terminated accounts are never reinstated.
5.4 Appeals
If you believe a strike was issued in error, you may:
- File a counter-notice (see Section 4 above)
- Contact our legal team at [email protected] with evidence that the strike was improper
⚠️ Account Termination is Permanent
Once your account reaches three strikes and is permanently terminated, you are permanently banned from creating new accounts on our Platform. Attempting to evade this ban by creating new accounts will result in immediate termination of those accounts and may result in legal action.
6. Misrepresentation Consequences
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that:
- Material or activity is infringing (in a takedown notice), or
- Material or activity was removed or disabled by mistake or misidentification (in a counter-notice)
...shall be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, the copyright owner, or the service provider (us) who is injured by such misrepresentation.
⚠️ Penalties for False DMCA Notices
Filing a false or fraudulent DMCA notice (or counter-notice) can result in:
- Civil liability under 17 U.S.C. § 512(f): You may be sued for damages, costs, and attorneys' fees by the person whose content you falsely claimed was infringing (or whose takedown notice you falsely countered).
- Perjury charges under 18 U.S.C. § 1621: Because DMCA notices require statements under penalty of perjury, knowingly false statements can result in federal criminal prosecution.
- Permanent ban from our Platform: We permanently terminate accounts of users who file fraudulent DMCA notices or counter-notices.
- Precedent damages: Courts have awarded substantial damages in § 512(f) cases. For example, in Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2016), the court held that copyright owners must consider fair use before sending takedown notices.
6.1 Fair Use Consideration Required
Before filing a DMCA takedown notice, copyright owners must consider whether the allegedly infringing use qualifies as fair use under 17 U.S.C. § 107. This requirement was established by the Ninth Circuit in Lenz v. Universal Music Corp., 815 F.3d 1145 (9th Cir. 2016).
Factors to consider for fair use include:
- The purpose and character of the use (commercial vs. transformative)
- The nature of the copyrighted work
- The amount and substantiality of the portion used
- The effect of the use on the market for the original work
6.2 Our Response to Abusive Filers
We take abuse of the DMCA process seriously. If we determine that a user is filing fraudulent or bad-faith takedown notices (or counter-notices), we will:
- Permanently ban the user from submitting future DMCA notices via our Platform
- Report the abuse to the appropriate authorities
- Potentially pursue legal action under 17 U.S.C. § 512(f) for damages
7. Limitations & Disclaimers
7.1 No Legal Advice
This DMCA Policy is provided for informational purposes only and does not constitute legal advice. If you have questions about copyright law, fair use, or the DMCA, we strongly recommend consulting with a qualified intellectual property attorney.
7.2 No Obligation to Monitor
We are not obligated to monitor user-generated content for copyright infringement, and we do not undertake to do so. Our response to DMCA notices is solely to maintain our safe harbor status under 17 U.S.C. § 512(c).
7.3 No Liability for Good Faith Removal
Under 17 U.S.C. § 512(g)(1), we are not liable to any user for good faith removal or disabling of access to material in response to a DMCA takedown notice, even if the material is ultimately determined to be non-infringing.
7.4 Scope of Policy
This policy applies only to claims of copyright infringement under U.S. law. For other types of content violations, please refer to:
- Content Moderation Policy (CSAM, NCII, harassment, illegal content)
- Terms of Service (account termination, prohibited conduct)
- Privacy Policy (data subject requests, privacy violations)
7.5 International Users
The DMCA is a United States federal law and applies only to copyright claims under U.S. law. If you are located outside the United States and have a copyright claim under the laws of your jurisdiction, please consult with local legal counsel. We may, at our discretion, process takedown requests that comply with other jurisdictions' copyright laws, but we are not obligated to do so.
8. Contact Information
All DMCA-related inquiries, takedown notices, and counter-notices must be sent to our designated DMCA agent:
Email (Recommended): [email protected]
Online Form: https://pinporn.app/dmca/submit
Related Policies
- Terms of Service - Legal framework for platform use
- Content Moderation Policy - Non-copyright content violations
- Privacy Policy - How we handle your personal data
- 18 U.S.C. § 2257 Statement - Record-keeping requirements
Effective Date: January 2, 2026
Last Updated: January 2, 2026
Version: 1.0