DMCA Takedown Policy
Welcome to Beautiful People Only Guide to the Digital Millennium Copyright Act, commonly known as the “DMCA.” This page is as an overview of the statute, and should not be considered as comprehensive. However, if you’ve received a DMCA takedown notice targeting a file you have hosted on BPO or if you’re a rights-holder looking to issue such a notice, this page will hopefully help to lay out our policies for complying with it.
As with all legal matters, it is always best to consult with a professional about your specific questions or situation. We strongly encourage you to do so before taking any action that might impact your rights. This guide isn’t legal advice and shouldn’t be taken as such.
The DMCA notice and takedown process should be used only for complaints about copyright infringement. Reporting infringing content published on beautifulpeopleonly.live.
Respect the rights of copyright holders and abide by the federal Digital Millennium Copyright Act (“DMCA”) and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by copyright holders. As part of our response, we may remove or disable access to allegedly infringing material on our websites or within our Service (collectively, the "Services”). This Copyright Infringement Notice and Takedown Policy.
Reporting Instances of Copyright Infringement.
If you believe that any content residing or accessible on or through the Services infringes your copyright, please send a notice of copyright infringement containing the following information to our Copyright Agent at the address below:
-Identification of the work or material you allege has been infringed;
-Identification of the material that is claimed to be infringing, including its location within the Services.
-with sufficient detail so that we are capable of finding it and verifying its existence;
-Your contact information, including your name, address, telephone number, and email address;
-If you are not the copyright owner, a description of your relationship to the copyright holder;
-A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or law;
-A statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright owner; and
-A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. Additionally, under Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by Beautiful People Only.
Your physical or electronic signature.
Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
A. How It Works.
BPO acts as a middleman. The copyright owner gives BPO a complaint about a user. If that complaint has been filed properly, we pass it along to the user. If the user disputes the complaint, BPO passes that dispute back to the copyright owner. BPO passes no judgment apart from verifying the notices meet the minimum requirements of the DMCA. It is up to the parties (and their lawyers) to evaluate the merit of their claims, bearing in mind that notices must be made under penalty of perjury.
These are the basic steps of the process:
1. Copyright Owner Investigates.
A copyright owner should always conduct an initial investigation to confirm both (a) that they own the copyright to an original work and (b) that the content on BPO is unauthorized and infringing.
2. Copyright Owner Sends A Notice.
After conducting an investigation, a copyright owner prepares and sends a takedown notice to BPO. Assuming the takedown notice is sufficiently detailed according to the statutory requirements (as explained in the how-to guide), we will post the notice to our public repository and pass the link along to the affected user.
3. BPO Asks User to Make Changes.
If the notice alleges that the entire contents of a site infringe, we will skip to Step 6 and take the PAGE offline. Otherwise, because BPO may not be able to disable access to specific pages or files on a site, we will contact the user and give them approximately 48 hours to delete or modify the content specified in the notice. We’ll notify the copyright owner if and when we give the user a chance to make changes.
4. User Notifies Bpo of Changes.
If the user chooses to make the specified changes, they must tell us so within the approximately 48-hour window. If they don’t, we will take the site offline (as described in Step 6). If the user notifies us that they made changes, we will verify that the changes have been made and then notify the copyright owner.
5. Copyright Owner Revises or Retracts the Notice.
If the user makes changes, the copyright owner must review them and renew or revise their takedown notice if the changes are insufficient. Bpo will not take any further action unless the copyright owner contacts us to either renew the original takedown notice or submit a revised one. If the copyright owner is satisfied with the changes, they may either submit a formal retraction or else do nothing. BPO will interpret silence longer than two weeks as an implied retraction of the takedown notice.
6. BPO May Disable Access to the Content.
BPO will disable a user’s site if: (i) the copyright owner has alleged copyright over the user’s entire site (as noted in Step 3); (ii) the user has not made any changes after being given an opportunity to do so (as noted in Step 4); or (iii) the copyright owner has renewed their takedown notice after the user had a chance to make changes. If the copyright owner chooses instead to revise the notice, we will go back to Step 2 and repeat the process as if the revised notice were a new notice.
7. User May Send A Counter-Notice.
We encourage users who have had content disabled to consult with a lawyer about their options. If a user believes that their content was disabled as a result of a mistake or misidentification, they may send us a counter-notice. As with the original notice, we will make sure that the counter-notice is sufficiently detailed (as explained in the how-to guide). If it is, we will post it to our public notice section and pass the notice back to the copyright owner by sending them the link.
8. Copyright Owner May File a Legal Action.
If a copyright owner wishes to keep the content disabled after receiving a counter notice, they will need to initiate legal action seeking a court order to restrain the user from engaging in infringing activity relating to the content on BPO. In other words, you might get sued. If the copyright owner does not give BPO notice within 10-14 days, by sending a copy of a valid legal complaint filed in a court of competent jurisdiction, BPO will reenable the disabled site.
B. What If I Inadvertently Missed the Window to Make Changes?
There are any number of reasons you may not have been able to make changes within the 48-hour window we provide for changes before your site is taken offline. If you respond to let us know you were willing to comply with the requested changes but missed your window, we will re-enable your site for an additional 24 hours to allow you to make the necessary changes. You must notify us that you have made the changes for your site to continue to be live after that 24-hour window expires, as noted above. Please note we will only provide one 24-hour period for you to make these changes
C. Transparency We believe that transparency is a virtue.
The public should know what content is being removed from BPO and why. An informed public can notice and surface potential issues that would otherwise go unnoticed in an opaque system. We post redacted copies of any legal notices we receive (including original notices, counter-notices, or retractions) at https://beautifulpeopleonly.live.
We will not publicly publish your personal contact information; we will remove personal information (except for usernames in URLs) before publishing notices. We will not, however, redact any other information from your notice unless you specifically ask us to.
Please also note that, although we will not publicly publish unredacted notices, we may provide a complete unredacted copy of any notices we receive directly to any party whose rights would be affected by it.
After we receive a valid counter-notification, we will forward it to the person who submitted the infringement notification. The person who submitted the infringement notification (or the copyright holder they represent) shall then have eleven (11) days to notify us that they have filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (11) days, we may restore the material to the Services.
Take It Down Procedure.
BPO implements the following “notification and takedown” procedure upon receipt of any notification of claimed copyright infringement. BPO 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 DMCA.
BPO 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 notification requirements.
When the Designated Agent receives a valid Notice, BPO will expeditiously remove and/or disable access to the infringing material if needed 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 ten to fourteen (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.
Repeat Infringer Policy.
In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating access to the Services for any users who, in our sole discretion, are deemed to be repeat infringers. We may also and at our sole discretion limit and/or terminate access to the Services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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 may 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.
All DMCA notices and counter-notifications must be written in the English language. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.
Absent prior express permission, our Agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices is expressly disclaimed.
Do not send other inquiries or information to our Designated Agent
After receiving a DMCA-compliant counter-notification, Our Copyright Agent will forward it to Us, and We will then provide the counter-notification to the claimant who was first sent the original Notice identifying the allegedly infringing content.
Thereafter, within ten to fourteen (10-15) 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.
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.
Copyright Agent Contact Information.
To request assistance with removing infringing material found on our websites, please contact us here: https://beautifulpeopleonly.live/contact-us.
Both infringement notifications and counter notifications should be submitted to our Copyright Agent using the following information:
Last Updated: March 1, 2023