DMCA Policy

1. Overview

OpenFans respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), Title 17, United States Code, Section 512, OpenFans will respond expeditiously to claims of copyright infringement committed using the Platform that are reported to our designated copyright agent.

This policy outlines how copyright owners can report alleged infringement, how users who receive a takedown notice can file a counter-notification, and how OpenFans handles repeat infringers.

2. Filing a DMCA Takedown Notice

If you are a copyright owner, or authorized to act on behalf of one, and you believe that content hosted on OpenFans infringes your copyright, you may submit a written DMCA takedown notice to our designated agent. Your notice must include all of the following elements as required by 17 U.S.C. § 512(c)(3):

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed. If multiple works are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit OpenFans to locate the material on the Platform (e.g., direct URL links).
• Information reasonably sufficient to permit OpenFans to contact the complaining party, such as an address, telephone number, and email address.
• A statement that the complaining party has 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 that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Important: Knowingly submitting a materially false DMCA takedown notice may subject the claimant to liability for damages, including costs and attorney's fees, under 17 U.S.C. § 512(f).

3. Designated Agent

All DMCA takedown notices should be sent to our designated copyright agent at:

We aim to acknowledge receipt of all valid DMCA notices within two (2) business days and to process takedowns expeditiously, typically within five (5) business days of receiving a complete and valid notice.

4. Counter-Notification Process

If you are a user whose content has been removed or disabled as a result of a DMCA takedown notice, and you believe the removal was made in error or that you have authorization to use the material, you may file a counter-notification. Your counter-notification must include:

• 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, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which OpenFans may be found), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

Upon receipt of a valid counter-notification, OpenFans will forward it to the original complainant. If the complainant does not file a court action seeking a restraining order against the user within ten (10) to fourteen (14) business days, OpenFans will restore the removed content.

5. Repeat Infringer Policy

OpenFans maintains a strict repeat infringer policy in accordance with the DMCA. Users who are the subject of repeated valid DMCA takedown notices will be subject to the following escalating enforcement:

• First offense: Content removal and written warning sent to the account holder.
• Second offense: Content removal, temporary account suspension (up to 14 days), and a final written warning.
• Third offense: Permanent termination of the account. The user will be prohibited from creating new accounts on the Platform.

OpenFans reserves the right to terminate any account at any time for egregious or willful copyright infringement, regardless of the number of prior offenses.

6. Safe Harbor Statement

OpenFans operates as an online service provider under the safe harbor provisions of the DMCA (17 U.S.C. § 512). OpenFans does not monitor, screen, or editorially control user-uploaded content before it is posted. As a platform that hosts user-generated content, OpenFans qualifies for safe harbor protection provided that it:

• Does not have actual knowledge that the material on the Platform is infringing.
• Is not aware of facts or circumstances from which infringing activity is apparent.
• Acts expeditiously to remove or disable access to infringing material upon obtaining knowledge or awareness of infringement.
• Does not receive a financial benefit directly attributable to the infringing activity, where it has the right and ability to control such activity.
• Has designated an agent to receive DMCA takedown notifications and has registered that agent with the U.S. Copyright Office.

7. Contact

For all DMCA-related inquiries, please contact our designated agent at dmca@openfans.online. For general legal inquiries, contact legal@openfans.online.