DMCA Policy

Twinkaboo respects the intellectual property rights of others and expects our users to do the same. This policy is designed to comply with the Digital Millennium Copyright Act (DMCA) and outlines the process for reporting copyright infringement and our procedures for handling such reports.

1. Reporting Copyright Infringement

If you believe that your copyright-protected work has been copied and is accessible on our website in a way that constitutes copyright infringement, you may submit a DMCA takedown notice to our designated Copyright Agent. Your notice must include:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner
Identification of the copyrighted work that you claim has been infringed
Identification of the material that you claim is infringing, with sufficient information to locate it (e.g., URL)
Your contact information, including your address, telephone number, and email address
A statement 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
A statement, under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner

Designated Copyright Agent:
Email: [email protected]

2. Counter-Notification

Upon receiving a valid notice of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material and will notify the user who posted the material.

If you believe your content was removed in error or due to misidentification, you may submit a counter-notification including:

Your physical or electronic signature
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
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
Your name, address, and telephone number
A statement that you consent to the jurisdiction of the federal court in the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Twinkaboo may be found
A statement that you will accept service of process from the person who provided the original notification or an agent of such person

Upon receiving a valid counter-notification, we will forward it to the original complainant. If they do not file a court action within 10-14 business days, we may restore the removed content.

3. Repeat Infringer Policy

Twinkaboo takes repeat copyright infringement seriously. In appropriate circumstances, and at our sole discretion, we may limit, suspend, or terminate the accounts of users who are the subject of repeated valid copyright complaints.

How We Handle Repeat Infringement

The following describes how we generally respond to repeated infringement. These are guidelines rather than fixed rules, and we apply them at our discretion based on the circumstances of each case:

First valid notice: The infringing content is removed and the account holder typically receives a formal warning via email, which may remain on the account record.
Further valid notice: The infringing content is removed, and we may issue a further warning and temporarily suspend upload privileges (for example, for up to 30 days).
Continued infringement: Where an account continues to be the subject of valid notices, we may permanently terminate the account.

Additional Notes

We generally count strikes based on valid DMCA notices received against an account.
If a notice is successfully disputed via counter-notification and the complainant does not pursue legal action within the required timeframe, we will remove the associated strike from the account record.
Strikes generally expire after 6 months without further valid notices.
We reserve the right to suspend or terminate any account immediately, without prior warning, in cases of egregious, willful, or large-scale infringement, or where required by law or court order.
Users whose accounts have been terminated for repeat infringement may not create new accounts.

4. Good Faith and Misrepresentation

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be subject to liability for damages, including costs and attorneys' fees incurred by the alleged infringer, the copyright owner, or the service provider.

5. Contact

If you have any questions or concerns about this policy, please contact us at [email protected].

This policy may be updated from time to time. Continued use of Twinkaboo after changes constitutes acceptance of the modified policy.