RHC

DMCA Copyright Policy

Last Updated: December 16, 2024

RockHardChic (doing business as "RHC") respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond promptly to claims of copyright infringement on our website.

1. Copyright Policy

It is our policy to:

  • Respond to clear notices of alleged copyright infringement
  • Terminate the accounts of repeat infringers
  • Comply with the DMCA's safe harbor provisions
  • Protect the rights of copyright holders while respecting users' rights

2. Reporting Copyright Infringement

If you believe that content on RockHardChic infringes your copyright, please send a written notice to our designated Copyright Agent with the following information:

Required Information for DMCA Takedown Notice:

  1. Identification of the copyrighted work: A description of the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by a single notification, you may provide a representative list.
  2. Identification of the infringing material: A description of where the material that you claim is infringing is located on our website. Please provide URLs or other specific location information to help us locate the content.
  3. Your contact information: Your name, mailing address, telephone number, and email address.
  4. Good faith statement: A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  5. Accuracy statement: A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  6. Physical or electronic signature: Your physical or electronic signature (typing your full name is acceptable).

⚠️ Important Notice

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys' fees. Please ensure that your claim is valid before submitting a DMCA notice.

3. How to Send a DMCA Notice

Send your DMCA takedown notice to our designated Copyright Agent:

RockHardChic Copyright Agent

Email: [email protected]

Mail:
DMCA Copyright Agent
RockHardChic
[Your Business Address]

Note: Only DMCA notices should be sent to this contact. Other inquiries will not receive a response.

4. Our Response to DMCA Notices

Upon receiving a valid DMCA takedown notice, we will:

  1. Remove or disable access to the allegedly infringing content
  2. Notify the user who posted the content about the removal
  3. Provide the user with a copy of the takedown notice
  4. Advise the user of their right to file a counter-notice

We typically respond to valid DMCA notices within 24-48 hours.

5. Counter-Notification

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

Required Information for Counter-Notice:

  1. Your contact information: Your name, address, telephone number, and email address.
  2. Identification of removed content: A description of the content that was removed and its location before removal.
  3. Good faith statement: A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
  4. 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 the federal district courts located in [Your State] if your address is outside the United States), and that you will accept service of process from the person who filed the original DMCA notice or their agent.
  5. Physical or electronic signature: Your physical or electronic signature.

Send your counter-notice to the same Copyright Agent address listed above.

6. Restoration of Content

If we receive a valid counter-notice, we will:

  1. Forward a copy of the counter-notice to the original complaining party
  2. Inform them that we will restore the removed content in 10-14 business days
  3. Restore the content within 10-14 business days, unless the copyright owner files a court action against the user

7. Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, RockHardChic has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers.

We may also, at our sole discretion, limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. User Responsibilities

By submitting content to RockHardChic, you represent and warrant that:

  • You own the content or have the necessary rights to post it
  • The content does not infringe any third-party copyrights, trademarks, or other intellectual property rights
  • You have obtained all necessary permissions, releases, and licenses for any recognizable persons, brands, or copyrighted materials in your content
  • Your content complies with our Terms of Service and Community Guidelines

9. Model & Property Releases

If your submitted content includes recognizable people or private property, you are responsible for obtaining:

  • Model releases: Written permission from any recognizable individuals in your photos or videos
  • Property releases: Written permission from property owners for identifiable private property
  • Brand permissions: Authorization to display recognizable brands, logos, or trademarks

You agree to provide these releases to RockHardChic upon request.

8. Third-Party Hosted Video Content

Video Submission Links: When users submit video content to RockHardChic, they provide URL links to videos hosted on third-party platforms (YouTube, TikTok, Instagram). RockHardChic does not host the video files themselves.

Copyright Infringement in Videos: If you believe a video linked on RockHardChic infringes your copyright:

  • You may file a DMCA notice with RockHardChic to remove the link from our platform (following the process in Section 2 above)
  • You should also file a DMCA notice directly with the platform hosting the video (YouTube, TikTok, Instagram) to have the video itself removed
  • Removing the link from RockHardChic does not remove the video from the hosting platform

Our Response: Upon receiving a valid DMCA notice regarding a video link, RockHardChic will:

  • Remove the video link and associated submission from our platform
  • Notify the user who submitted the video link
  • Document the removal in accordance with DMCA requirements

Note: RockHardChic has no control over video content hosted on third-party platforms. For the fastest removal of infringing video content, please contact the hosting platform directly.

10. Trademark Policy

If you believe that a user's profile, content, or account infringes your trademark rights, please contact us at [email protected] with:

  • Proof of trademark ownership (registration certificate)
  • Description of how the trademark is being misused
  • Location of the infringing content (URL or profile)
  • Your contact information
  • Statement of good faith belief that the use is unauthorized

11. Fair Use Considerations

Before submitting a DMCA notice, please consider whether the use of copyrighted material qualifies as fair use under U.S. copyright law. Fair use may include:

  • Criticism or commentary
  • News reporting
  • Educational purposes
  • Transformative uses
  • Parody

If you are unsure whether content qualifies as fair use, we recommend consulting with a legal professional before filing a DMCA notice.

12. Misrepresentation Consequences

Under Section 512(f) of the DMCA, anyone who knowingly materially misrepresents that:

  • Material or activity is infringing, or
  • Material or activity was removed or disabled by mistake or misidentification

...shall be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer or by the copyright owner.

We take false claims seriously and may take legal action against individuals who submit fraudulent or bad faith DMCA notices.

13. Changes to This Policy

We reserve the right to modify this DMCA Policy at any time. Changes will be posted on this page with an updated "Last Updated" date.

14. Additional Resources

For more information about the DMCA and copyright law:

This DMCA Policy is part of our Terms of Service. By using RockHardChic, you agree to comply with this policy and respect the intellectual property rights of others.