DMCA Copyright Policy

Last updated: November 27, 2024

RozyCam Inc. ("RozyCam," "we," "us," or "our") respects the intellectual property rights of others and expects users of our Service to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law.

This DMCA Copyright Policy applies to all content posted, shared, transmitted, or otherwise made available through the RozyCam platform and services.

1. Our Commitment to Copyright Protection

It is our policy to respond expeditiously to claims of copyright infringement committed using our Service. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement.

We respect the intellectual property of others and ask our users to do the same. Users who repeatedly infringe copyrights may have their access to the Service terminated pursuant to our repeat infringer policy.

2. Filing a DMCA Notice of Copyright Infringement

If you are a copyright owner, or authorized to act on behalf of one, and you believe that content on RozyCam infringes your copyright, you may submit a written notification pursuant to the DMCA to our designated Copyright Agent.

2.1 Required Information for DMCA Notice

To be effective, your DMCA notification must include the following information:

• Physical or electronic signature: A physical or electronic signature of a person authorized to act on behalf of the copyright owner whose work is allegedly being infringed.
• Identification of copyrighted work: Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, you may provide a representative list of such works.
• Identification of infringing material: Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material. Please provide specific URLs or other identifying information to help us locate the content.
• Contact information: Your name, mailing address, telephone number, and email address so that we may contact you regarding your complaint.
• Good faith statement: A statement by you 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.
• Accuracy statement: 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.

2.2 Consequences of Misrepresentation

Important Warning: Under Section 512(f) of the DMCA, you may be held liable for damages, including costs and attorneys' fees, if you knowingly materially misrepresent that material or activity is infringing. Before you send a DMCA notice, please carefully consider whether the content really infringes your copyright. If you are unsure, we recommend consulting with an attorney.

2.3 How to Submit Your DMCA Notice

DMCA notices must be sent to our designated Copyright Agent:

3. Our Response to DMCA Notices

3.1 Review Process

Upon receipt of a valid DMCA notice, we will:

• Review the notification for completeness and validity
• Remove or disable access to the allegedly infringing material expeditiously
• Notify the user who posted the content (if identifiable) that the material has been removed or disabled
• Provide the user with a copy of the DMCA notice (including your contact information) so they may file a counter-notification if appropriate
• Take appropriate action against repeat infringers, including account termination

3.2 Timeline

We strive to process valid DMCA notices within 24-48 hours of receipt. However, processing times may vary depending on the complexity of the claim and the volume of notices being processed.

3.3 Incomplete Notices

If your DMCA notice is incomplete or does not comply with DMCA requirements, we may contact you to request additional information before taking action. We are not obligated to take action on incomplete or invalid notices.

4. Filing a DMCA Counter-Notification

If you believe that your content was removed or disabled as a result of mistake or misidentification, you may file a DMCA counter-notification with our Copyright Agent.

4.1 Required Information for Counter-Notification

To be effective, a counter-notification must include the following information:

• Physical or electronic signature: Your physical or electronic signature.
• Identification of removed content: Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled. Please provide as much detail as possible.
• Good faith statement: 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.
• Contact information: Your name, address, telephone number, and email address.
• Consent to jurisdiction: A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

4.2 How to Submit Your Counter-Notification

Counter-notifications must be sent to our designated Copyright Agent at the same contact information listed above (dmca@rozycam.com with subject line "DMCA Counter-Notification").

4.3 Consequences of Sending a Counter-Notification

Important: When we receive a valid counter-notification, we will forward it to the party who submitted the original DMCA notice, including your contact information. By submitting a counter-notification, you consent to this disclosure and to potentially being contacted by the original complainant.

If the original complainant does not file a court action seeking a court order to restrain you from engaging in infringing activity relating to the material within 10-14 business days, we may restore the removed material in accordance with DMCA procedures.

5. Repeat Infringer Policy

It is our policy to terminate, in appropriate circumstances, the accounts of users who are repeat copyright infringers. We maintain records of DMCA notices and may terminate access to the Service for users who receive multiple valid copyright infringement notifications.

Factors we consider when determining whether to terminate an account include:

• Number of valid DMCA notices received regarding the user's content
• Whether counter-notifications were filed and their outcomes
• Severity and nature of the alleged infringements
• User's history and behavior on the platform
• Whether the user appears to be knowingly and repeatedly infringing

6. Limitations and Clarifications

6.1 Scope of This Policy

This DMCA policy relates solely to copyright infringement claims under U.S. copyright law. For other intellectual property concerns (such as trademark infringement or right of publicity claims), please contact legal@rozycam.com.

6.2 Peer-to-Peer Content

The majority of content shared on RozyCam (video and audio during chats) is transmitted peer-to-peer and not stored on our servers. As such, traditional DMCA takedown procedures may not apply to this ephemeral content. This policy primarily applies to content stored on our platform (such as user profiles, uploaded images, or other persistent content).

6.3 Fair Use Consideration

In evaluating claims of copyright infringement, we may consider whether the allegedly infringing use may constitute fair use under U.S. copyright law. However, this determination is complex and often requires legal judgment. When in doubt, we err on the side of removing content subject to valid DMCA notices.

7. Other Intellectual Property Complaints

If you believe content on RozyCam infringes intellectual property rights other than copyright (such as trademark, trade secret, patent, or publicity rights), please contact us at:

• Trademark claims: legal@rozycam.com
• Patent claims: legal@rozycam.com
• Right of publicity claims: legal@rozycam.com
• Other IP concerns: legal@rozycam.com

While these claims are not handled through DMCA procedures, we take all intellectual property rights seriously and will investigate legitimate concerns appropriately.

8. Changes to This DMCA Policy

We reserve the right to modify this DMCA Copyright Policy at any time. Changes will be effective immediately upon posting to this page with an updated revision date. We encourage you to review this policy periodically for any updates.

9. Questions and Additional Information

If you have questions about this DMCA policy, copyright law, or the notification/counter-notification process, you may contact:

• Copyright Agent: dmca@rozycam.com
• Legal Department: legal@rozycam.com
• General Inquiries: hello@rozycam.com

For more information about the DMCA and copyright law in general, you may wish to visit the U.S. Copyright Office website at www.copyright.gov.