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DMCA & Copyright Policy

Draft — not yet in force; pending lawyer review. Last revised [[PLACEHOLDER: DATE]].

Draft for review. Replace every highlighted placeholder and have this document reviewed by qualified counsel before publishing. This is not legal advice.

Overview and Scope

[[PLACEHOLDER — REPLACE WITH LAWYER-REVIEWED TEXT]] This DMCA & Copyright Policy explains how the operator of my-own-dolls.com handles claims of copyright and related intellectual-property infringement. It is provided as draft content only and does not constitute legal advice; it must be reviewed and finalised by qualified counsel before publication.

my-own-dolls.com (the "Platform") is operated by [[PLACEHOLDER: COMPANY NAME]], a company established in [[PLACEHOLDER: LEGAL FORM]] with its registered office at [[PLACEHOLDER: FULL ADDRESS, GERMANY/EU]] (the "Operator", "we", "us"). As an EU/Germany-based service we are primarily governed by EU and German law, including the EU Digital Services Act (DSA) and applicable copyright legislation. We nonetheless maintain a notice-and-takedown procedure modelled on the U.S. Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512) so that rightsholders worldwide, and our U.S.-facing service providers and payment partners, can submit infringement claims through a single, familiar process.

We respect the intellectual-property rights of others and expect all users, subscribers and content contributors to do the same. We respond to properly submitted notices of alleged infringement and, where appropriate, remove or disable access to material, and terminate the accounts of repeat infringers. Nothing in this Policy limits any rights or remedies available to us or to any rightsholder under applicable law.

Designated Agent for Copyright Notices

We have designated an agent to receive notifications of claimed copyright infringement. All takedown notices, counter-notices and related correspondence should be directed to:

Designated Copyright Agent: [[PLACEHOLDER: AGENT NAME / ROLE]]; [[PLACEHOLDER: COMPANY NAME]]; [[PLACEHOLDER: FULL POSTAL ADDRESS, GERMANY/EU]]; Email: [[PLACEHOLDER: dmca@... CONTACT EMAIL]]; Telephone: [[PLACEHOLDER: PHONE]].

Email is the preferred and fastest channel. To help us act quickly, please use the subject line "Copyright Takedown Notice" or "Copyright Counter-Notice" as applicable. Inquiries that are not bona fide copyright or intellectual-property matters (for example, general support requests or non-consensual intimate image reports) may be redirected to the appropriate team or contact address. [[PLACEHOLDER — CONFIRM WITH COUNSEL WHETHER A SEPARATE U.S. COPYRIGHT OFFICE DMCA AGENT REGISTRATION IS REQUIRED FOR U.S.-FACING TRAFFIC.]]

How to Submit a Takedown Notice (Required Elements)

If you are a copyright owner, or authorised to act on behalf of one, and you believe that content available on the Platform infringes your copyright, please send a written notice to our Designated Copyright Agent that includes all of the following:

(1) A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright or other right that is allegedly infringed. (2) Identification of the copyrighted work or other protected subject matter claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list of such works. (3) Identification of the material that is claimed to be infringing and that should be removed or disabled, with information reasonably sufficient to allow us to locate it — ideally the exact URL(s), gallery identifier(s), or screenshots. (4) Information reasonably sufficient to allow us to contact you, such as your full name, postal address, telephone number and email address.

(5) A statement that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law. (6) A statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or are authorised to act on the owner's behalf. We may also ask you to confirm whether your claim concerns content that you originally appeared in or produced; where the material is intimate or sexually explicit and was published without consent, please refer to our separate process for non-consensual intimate imagery rather than (or in addition to) the copyright procedure.

Please note: under the DMCA and comparable laws, any person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and legal fees. If your notice is incomplete, we may be unable to act on it and may contact you to request the missing information. We may forward a copy of your notice, including your contact details, to the user who posted the material and/or publish it (with personal data redacted where appropriate) in a transparency database such as Lumen. [[PLACEHOLDER — CONFIRM LUMEN / TRANSPARENCY DISCLOSURE PRACTICE AND GDPR BASIS WITH COUNSEL.]]

Our Response to a Valid Notice

Upon receipt of a notice that substantially complies with the requirements above, we will act expeditiously to remove or disable access to the allegedly infringing material. Where we remove or disable content posted by an identifiable user, we will make reasonable efforts to notify that user and to provide them with a copy of the notice (with the complainant's personal data redacted where appropriate) and information about the counter-notice process described below.

Acting on a notice is without prejudice to any defence the affected user may have and does not constitute a determination by us that infringement has in fact occurred. We act as a neutral intermediary and do not adjudicate the merits of competing claims; disputes about ownership or licensing are matters for the parties and, ultimately, the courts. In appropriate cases we may also act on our own initiative under our Terms of Service where content appears to infringe third-party rights, even absent a formal notice.

Counter-Notice Process

If you are a user whose content has been removed or disabled, and you believe the removal was the result of mistake or misidentification, you may submit a written counter-notice to our Designated Copyright Agent. To be effective, a counter-notice must include all of the following: (1) your physical or electronic signature; (2) identification of the material that has been removed or disabled and the location at which it appeared before it was removed or disabled; (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; and (4) your full name, postal address and telephone number.

Your counter-notice must also include a statement that you consent to the jurisdiction of the appropriate court for your address (or, if your address is outside the United States, a court in which the Operator may be found or a U.S. federal district court as required by the DMCA), and that you will accept service of process from the complainant or their agent. [[PLACEHOLDER — CONFIRM THE CORRECT JURISDICTION/CONSENT WORDING FOR AN EU OPERATOR WITH COUNSEL; THE STANDARD DMCA CONSENT-TO-JURISDICTION CLAUSE MAY NEED ADAPTATION.]]

Upon receipt of an effective counter-notice, we will forward it to the original complainant. Following the DMCA model, we may restore the removed material in not less than ten (10) and not more than fourteen (14) business days after receiving the counter-notice, unless the complainant first notifies us that they have filed a court action seeking to restrain the user from engaging in infringing activity relating to the material. Important: do not submit a counter-notice for material that is genuinely infringing, or where your real concern is the non-consensual publication of intimate imagery — restoration of such material may cause serious harm and that situation is handled under a separate, non-copyright process.

Repeat-Infringer Policy

It is our policy, in appropriate circumstances and at our sole discretion, to disable and/or terminate the accounts of users who are determined to be repeat infringers. We maintain a record of takedown notices received and actions taken so that repeat infringement can be identified and addressed.

A user will generally be considered a repeat infringer if they accumulate [[PLACEHOLDER: NUMBER, e.g. THREE]] substantiated infringement strikes within a [[PLACEHOLDER: PERIOD, e.g. TWELVE-MONTH]] period, although we reserve the right to terminate any account, withhold payouts, and refuse future service for serious or repeated infringement regardless of the number of strikes. Counter-notices that successfully result in restoration of content will not ordinarily count as a strike. Decisions under this Policy are made at our discretion and in accordance with our Terms of Service.

This Policy operates alongside, and does not replace, our broader content-moderation and rights-enforcement obligations. Where reported content may also implicate other laws — including, without limitation, the EU DSA, German youth-protection rules (JMStV), or laws concerning non-consensual or unlawful sexual content — we may take additional or different action, including reporting to the competent authorities. Suspected child sexual abuse material (CSAM) is never handled through this copyright process; it is removed immediately and reported to the relevant authorities and hotlines (including, as applicable, the Bundeskriminalamt (BKA) and INHOPE-affiliated hotlines), consistent with our zero-tolerance policy.

Relationship to Other Policies and Reservation of Rights

This Policy should be read together with our Terms of Service, Privacy Policy, Content & Community Standards, and any separate policy governing non-consensual intimate imagery (NCII) and the removal of such content (including procedures aligned with applicable "take it down" frameworks). Where this Policy concerns copyright and related intellectual-property rights, those other policies govern issues such as consent, age verification, performer documentation and unlawful content.

Personal data submitted in connection with a notice or counter-notice is processed in accordance with the GDPR and our Privacy Policy, for the purposes of handling the claim, complying with legal obligations, and establishing, exercising or defending legal claims. We may retain such data for as long as necessary for these purposes and for applicable limitation periods.

We may update this Policy from time to time to reflect changes in law, our services, or our practices. The version in force is the one published on the Platform as at the date of access. Questions about this Policy (other than the submission of notices, which must go to the Designated Copyright Agent above) may be directed to [[PLACEHOLDER: GENERAL CONTACT / LEGAL EMAIL]]. [[PLACEHOLDER — REPLACE WITH LAWYER-REVIEWED TEXT: FINAL CROSS-REFERENCES, GOVERNING LAW AND DSA NOTICE-AND-ACTION ALIGNMENT TO BE CONFIRMED BY COUNSEL.]]

DMCA & Copyright Policy · My Own Dolls