DMCA Act

The following comprises the copyright policies of SpeakMyDesires.com (hereinafter “Company”) with respect to notices of alleged copyright infringement provided to the Company in accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”) and the procedures for restoring the publication of works on SpeakMyDesires.com after access to works has been disabled or such works have been removed from the SpeakMyDesires.com website. 

Procedures for Providing Notice of Unauthorized Use or Infringement.

The contact information for the Company’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is:

Attention DMCA Takedown
[email protected]

It is the policy of the Company to respect the rights of intellectual property rights owners and to endeavor to work cooperatively with all owners of intellectual property rights. The Company takes all bona fide allegations of infringement or violations of copyrights and other intellectual property rights very seriously. It is the Company’s firm policy to expeditiously block access to or remove from the SpeakMyDesires.com website (“Website”) any photographs, text, or other content that the Company determines in good faith may reasonably contain material that infringes the copyrights of third parties. It is also the Company’s firm policy to discontinue access to content uploading and user publishing services (“Publishing Services”) to any and all persons and entities that the Company determines in good faith repeatedly use the Publishing Services to effectuate copyright infringement, for which the Company receives numerous bona fide notices compliant with the requirements of the DMCA for notice of infringement, or which the Company otherwise determines in good faith are “repeat offenders.”

How to Report Alleged Copyright Infringement To SpeakMyDesires.com.

If you believe that content residing in, on, at, or accessible through the SpeakMyDesires.com Website or any Publishing Service provided by the Company infringes your copyright, please provide us with notice of each claim of copyright infringement by providing our Designated Agent with all of the following information regarding each instance of alleged copyright infringement:

1. Please provide, in each notice to our Designated Agent, identification of the work or works you allege are being infringed (We request that you legally provide us with a copy of the work(s));
2. Please provide, in each notice to our Designated Agent, identification of the work or works that you claim to be infringing that you wish to be removed or access to which you wish disabled, including such information regarding the location of the copy or copies of the allegedly infringing work or works with reasonably sufficient detail that the Company can locate the copy or copies of the alleged infringements;
3. Please provide, in each notice to our Designated Agent, current and accurate contact information to contact you, including address, telephone number, and, if available, your e-mail address;
4. Please provide, in each notice to our Designated Agent, a statement that the party notifying our Designated Agent of the alleged infringement has a good faith belief that the identified work(s) are being used in a manner that is not authorized by the copyright owner, its agent, or the law;
5. Please provide, in each notice to our Designated Agent, a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright at issue that has been allegedly infringed; and
6. Please provide, in each notice to our Designated Agent, a statement made under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

It is the Company’s firm policy that once a complete and proper notice of claimed copyright infringement is received by our Designated Agent, or if the Company otherwise determines in good faith that a work published in, at, on or in association with the Website may reasonably contain material that infringes a person’s or entity’s copyright, the Company will endeavor to:

(1) remove or disable access to the work or works identified in the notice of claimed infringement provided to our Designated Agent in the manner set forth above;

(2) notify the person or entity that provided the content of the fact that the Company has removed or disabled access to the content in response to a bona fide complaint received by our Designated Agent; and

(3) if the person or entity has been the subject of two or more removals of content and notification thereof, terminate the person’s right to further upload or otherwise post or publish content on, in, at or through the Website or otherwise via services provided by the Company and further endeavor to take such steps as are reasonable to block and/or prevent the person or entity from further using the Company’s uploading, posting or publishing services.

Restoring Access to Works on SpeakMyDesires.com That Have Been Mistakenly Removed or Blocked

Because it is the policy of the Company to respect the rights of all intellectual property rights owners and to endeavor to work cooperatively with all owners of intellectual property rights, the Company also takes very seriously all bona fide claims that allegations of infringement or violations of copyrights or other intellectual property rights it has received are, in fact, erroneous. Therefore, it is also the Company’s firm policy to, when appropriate, restore access to or allow the replacement on the Website any photographs, text, or other content that the Company determines in accordance with the regulations set forth in the DMCA may reasonably have been removed or may have been the subject of blocked access, in error.

How to Provide a Counter-Notice to Our Designated Agent.

If you are an end-user, vendor, or other provider of a work or other content to the Website via uploading, posting, or the use of any of the services provided by the Company (“Content Provider”) that was removed as a result of the operation of the Company’s policy set forth above, including removal resulting from a notice of alleged infringement provided to our Designated Agent, and you believe that the subject work or other content removed or subjected to content access blocking or disablement is not infringing, or that you had and continue to have permission to upload, publish, post or use such content on the Website, as it was being used, from the copyright owner, the copyright owner’s agent, or pursuant to the law, then you may send a counter-notice containing the information requested below to our Designated Agent:

Attention DMCA Takedown
[email protected]

Please provide in each counter-notice to our Designated Agent all of the following information:

1. Please provide, in each counter-notice to our Designated Agent, identification of the works or other content that has been removed or to which access has been disabled (Please legally provide us with a copy of the work or content);
2. Please provide, in each counter-notice to our Designated Agent, identification of the location at which the work or other content appeared prior to its removal or the time access to the work or content was disabled;
3. Please provide, in each counter-notice to our Designated Agent, a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled in error as a result of mistake or a misidentification of the work or other content;
4. Please provide, in each counter-notice to our Designated Agent, your name, address, telephone number, and, if available, e-mail address;
5. Please provide, in each counter-notice to our Designated Agent, a statement that you as an individual, or in the case you are representing any entity, you, on behalf of and for the entity consent to the jurisdiction of the Federal Court for the judicial district in which your address, or if you are acting on behalf of an entity, the entity’s address, is located, or if you or the entity you represent are located outside the United States, consent to the jurisdiction of any judicial district in which the Company is located, and that you or, in the case of any entity, the entity, will accept service of process from the person or entity that provided our Designated Agent with notification of the alleged infringement in the manner set forth above in the section entitled “How To Report Alleged Copyright Infringement To SpeakMyDesires.com”; and
6. Please provide, in each counter-notice to our Designated Agent, your physical or electronic signature.

If our Designated Agent receives a counter-notice in the form and manner set forth above, the Company may send a copy of the counter-notice to the party that provided the original notice of alleged infringement or unauthorized use to our Designated Agent and inform that person that the Company or the counter-notice sender may replace the removed content, or the Company may cease disabling access to the work(s) or content in question within ten (10) business days. Unless the copyright owner of the subject work(s) or content files an action seeking a court order against the vendor, user, or other Content Provider that uploaded or otherwise used the Website to publish and/or distribute the work(s) or content in question, at the Company’s discretion, the removed work(s) or content may be replaced, or access to it restored within ten (10) to fourteen (14) business days or any time thereafter following receipt of the counter-notice.

2024 SpeakMyDesires.com All rights reserved. Last modified on Nov 01, 2024.