DMCA Takedown Notices

If you believe that your copyrighted content is being used on the Pixleaks Online Platforms without your authorization, you may submit a takedown notice pursuant to the Digital Millennium Copyright Act (DMCA). The Pixleaks Online Platforms, as the service provider of the platform, will respond promptly to any valid DMCA takedown notice submitted in accordance with applicable law.

Before submitting a DMCA takedown notice, you should ensure that you fully understand the rights you are asserting. Consider seeking legal advice if necessary. Submitting false or misleading claims may result in significant legal consequences.

Requirements for a Valid DMCA Takedown Notice

To be actionable, a DMCA takedown notice must comply with statutory requirements and include the following information:

• A clear identification of the content in the Photographer’s item that allegedly infringes your copyright, including a description and a direct URL to the infringing material;

• Identification of your copyrighted work, including a description and a URL where the work is publicly available;

• A detailed explanation of how the content in the Author’s item infringes your copyright;

• Your full legal name and contact information, including your mailing address, telephone number, and email address;

And the following statements:

"I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

"I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

All DMCA notices must be signed and dated. Submitting a ticket form with your full name constitutes a legally binding digital signature. Alternatively, you may provide a physical signature by scanning and attaching the signed document to your help request.

Processing and Disclosure

Upon receipt of a valid DMCA notice, Pixleaks will forward the notice to the Author of the allegedly infringing content. Your contact details will be shared as necessary to comply with legal requirements. The Author may submit a counter-notification and may contact you directly using the information provided.

In general, the allegedly infringing content will be disabled on the Pixleaks Online Platforms upon receipt of a valid DMCA notice. We recommend that you preserve any relevant documentation, including screenshots of the Photographer’s profile and photo pages, prior to submitting your notice.

If a counter-notification is received and you have not provided proof that legal proceedings have been initiated against the Photographer within ten (10) business days, Pixleaks will generally restore the content within fourteen (14) business days of receiving the counter-notification.

If you have any additional questions, please visit our Help Center.

PLEASE BE AWARE THAT UNDER FEDERAL LAW, KNOWINGLY SUBMITTING A FALSE CLAIM THAT ONLINE MATERIAL INFRINGES COPYRIGHT MAY EXPOSE YOU TO SUBSTANTIAL CIVIL LIABILITIES. THESE MAY INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, THE COPYRIGHT OWNER, OR ANY LICENSEE OF THE COPYRIGHT OWNER HARMED AS A RESULT OF RELYING ON YOUR MISREPRESENTATION. YOU MAY ALSO FACE CRIMINAL PENALTIES FOR PERJURY.

This notice is not intended as legal advice. For further guidance regarding the information required for valid DMCA notifications, see 17 U.S.C. § 512(c)(3).

Note: This process is strictly for notifying Pixleaks of potential copyright infringement. Pixleaks reserves the right to refuse notices that fail to comply with formal requirements.

If you would like to submit a copyright infringement notice, please send it to dmca@pixleaks.com with all the information listed in this article.