DMCA Policy

Last Updated: 19 May 2025

Introduction

This DMCA Policy explains how to report infringing content published on EverFans. For assistance with infringing material found on other online properties, please contact the other online properties or local authorities, as appropriate.

DMCA Notice & Takedown Policy and Process

DMCA Notice

We respect copyright holders’ intellectual property rights and, although we are not based in the United States, we choose to voluntarily comply with the Digital Millennium Copyright Act’s (“DMCA”) Notice and Takedown provisions. As a ‘Service Provider' within the meaning of the DMCA (17 U.S.C. § 512(k)(1)), certain protections from claims of copyright infringement under the DMCA (the so-called “safe harbor” provisions) apply to us. We take – and we expect our users to take – the intellectual property of others very seriously. As part of our voluntary compliance with the DMCA, we have adopted the following Notice and Takedown Policy for claims of copyright infringement by our customers, subscribers or users:

If you believe that EverFans contains content that infringes on your copyrights, you may submit a written DMCA notice that contains the following:

  1. A signature (physical or electronic) of the copyright owner or the person authorized to act on their behalf;

  2. A description of the copyrighted work that has allegedly been infringed;

  3. A description of where the allegedly infringing material is located on EverFans and information sufficient to allow us to locate it (preferably by sending links to the material);

  4. The address, telephone number, and email address of the person submitting the DMCA notice;

  5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;

  6. A statement under penalty of perjury that the above information in the DMCA notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

  7. If you are submitting a notice on behalf of a company or someone other than yourself, a signed power of attorney from the rightsholder establishing your authority to do so.

You may send your DMCA Takedown Notice to: [email protected]. Please label any Takedown Notices clearly in the subject line, so that we may queue it appropriately internally.

Abusing the DMCA Notice procedures herein, submitting frivolous DMCA claims against other people/entities, and/or misrepresenting facts in a DMCA Notice or Counter-notification is unlawful and can result in legal liability for damages, court costs and attorney's fees under federal law. 17 U.S.C. § 512(f). We will investigate and take action against anyone abusing the DMCA notification or counter-notification procedure. Please ensure before submitting a DMCA Notice that you are or are authorized to act on behalf of a copyright holder and that your DMCA Notice contains all the required information.

Take Down Procedure

Upon receipt of any notification of claimed copyright infringement, the following “notification and takedown” procedure applies:

We reserve the right at any time to disable access to or remove infringing material or activity on EverFans. Where appropriate, we will terminate accounts of repeat infringers. In all cases, we will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in the DMCA (17 U.S.C. §512).

If a notice is deficient or missing necessary information, we will attempt in good faith to assist the complaining party with supplementing their notice. Upon receipt of a complete, valid notice, we will expeditiously remove and/or disable access to the infringing material and notify the affected user.

DMCA Counter-Notification Procedure

If you are notified that someone has claimed that you infringed their copyrights, and you believe that claim is erroneous or false and/or that the allegedly infringing material has been wrongly removed in accordance with this policy, you may submit a counter-notification. DMCA, §512(g)(2, 3).

All information in any such counter-notification must be accurate and truthful. You will be liable for any claims or legal action brought against us as a result of any misrepresentations that lead us to take action in light of the counter-notification.

To submit a counter-notification, please provide submit the following information in writing to [email protected]:

  1. A specific description of the material that was removed or disabled;

  2. A description of where the material at issue was located on EverFans;

  3. A statement that you believe the removal or disabling of the material was erroneous. For convenience, you may use the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by EverFans as a result of mistake or misidentification of the material to be removed or disabled.”;

  4. Your name, address, telephone number, and email address;

  5. Your physical or electronic signature; and

  6. If you are submitting a counter-notification on behalf of a company or someone other than yourself, a signed power of attorney from the rightsholder establishing your authority to do so.

All DMCA notices and counter-notifications must be written in English. Any attempted notifications written in foreign languages or using foreign characters will be deemed non-compliant and disregarded.

After receiving a complete, valid counter-notification, we will provide the counter-notification to the complaining party who submitted the original DMCA Notice. Upon receipt of the counter-notification, we will replace the material at issue within 10-14 days, unless the complaining party files a court action seeking an injunction against the claimed infringement and provides us with proof of same.

Modifications to Policy

We reserve the right to modify, alter or add to this policy, and all affected persons should regularly check back to stay current on any such changes. Your continued use of our website after any changes to this policy have been posted constitutes your acceptance of those changes.