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Intellectual Property Takedown Policy

Onflay LLC Last updated: [INSERT: Effective Date]

1. Purpose and Scope

Onflay LLC respects intellectual property rights and expects all Creators using the Platform to do the same. This policy describes how to submit a notice of claimed intellectual property infringement, how Onflay responds, and how Creators may submit counter-notices.

This policy covers copyright infringement under any applicable legal regime, including:

  • The United States Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, for claims involving U.S. copyright law.
  • Ley No. 65-00 sobre Derecho de Autor (Dominican Republic), for claims arising under Dominican copyright law.
  • Lei No. 9.610/1998 (Brazil — Lei de Direitos Autorais), for claims arising under Brazilian copyright law.
  • Ley Federal del Derecho de Autor (Mexico — LFDA), for claims arising under Mexican copyright law.
  • Other applicable national copyright laws where Onflay's Platform is used.

For trademark, patent, trade secret, or other intellectual property claims, please contact legal@onflay.com.

2. DMCA Designated Agent (United States)

For notices invoking the U.S. DMCA safe harbor under 17 U.S.C. § 512, Onflay has designated an agent to receive claims of copyright infringement.

Designated DMCA Agent:

[PLACEHOLDER: After completing registration with the U.S. Copyright Office's online DMCA Designated Agent Directory (copyright.gov/dmca-directory), insert:

  • Full legal name of designated agent
  • Mailing address
  • Email address
  • Phone number (optional)

DMCA safe harbor protection under 17 U.S.C. § 512(c) is not fully operative until this registration is complete. Until registration, DMCA notices may be sent to legal@onflay.com.]

Interim contact: legal@onflay.com — Subject: "DMCA Takedown Notice"

3. Submitting an Infringement Notice

3.1 Core Elements Required for All Notices

Whether your claim arises under U.S., Dominican Republic, Brazilian, Mexican, or other applicable law, a valid infringement notice must include:

  1. Identification of the protected work. A description of the copyrighted work you claim has been infringed. If multiple works are covered, a representative list is acceptable.

  2. Identification of the infringing content. A description of the content you believe infringes your rights, with enough detail to allow Onflay to locate it on the Platform (for example, a URL, Listing identifier, or Creator name).

  3. Your contact information. Your full name, mailing address, telephone number, and email address.

  4. Statement of good faith. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the rights holder, its agent, or the law.

  5. Accuracy statement. A statement that the information in your notice is accurate and, where the notice invokes a specific legal regime, a statement under the penalty or consequences provided by that regime that you are the rights holder or are authorized to act on the rights holder's behalf.

  6. Signature. Your physical or electronic signature.

3.2 Additional Element for DMCA Notices (U.S.)

DMCA notices must also include a statement, made under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed (17 U.S.C. § 512(c)(3)).

3.3 Where to Send Your Notice

All infringement notices should be sent to:

Email: legal@onflay.com Subject line: IP Takedown Notice — [Applicable Law / Jurisdiction]

Once a DMCA designated agent is registered (see Section 2), DMCA-specific notices should be directed to the designated agent. Non-DMCA notices may continue to be directed to legal@onflay.com.

4. Onflay's Response

Upon receipt of a complete and valid notice, Onflay will:

  1. Expeditiously remove or disable access to the allegedly infringing content.
  2. Notify the Creator whose content was removed or disabled, providing a copy of the notice.
  3. Replace the removed content or restore access if Onflay receives a valid counter-notice from the Creator (see Section 5), unless the rights holder files an action seeking a court order within the applicable timeframe.

Onflay's removal of content in response to a notice is not an admission that any particular content is infringing.

5. Counter-Notice Procedure

If you are a Creator whose content was removed or disabled, and you believe the removal was a mistake or that the content does not infringe the claimed rights, you may submit a counter-notice.

5.1 Core Elements for All Counter-Notices

  1. Identification of the removed content. A description of the content that was removed and its location before removal.

  2. Good faith statement. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.

  3. Consent to jurisdiction. A statement consenting to the jurisdiction of a competent court in the relevant jurisdiction.

    • For DMCA counter-notices (U.S.): Consent to the jurisdiction of the Federal District Court for the judicial district where you reside, or any judicial district in which Onflay may be found; and agreement to accept service of process from the party who submitted the original notice.
    • For Dominican Republic notices (Ley 65-00): Consent to jurisdiction of the relevant Dominican courts.
    • For Brazilian notices (Lei 9.610): Consent to jurisdiction of the relevant Brazilian courts.
    • For Mexican notices (LFDA): Consent to jurisdiction of the relevant Mexican courts or IMPI (Instituto Mexicano de la Propiedad Industrial) as applicable.

  4. Contact information. Your full name, mailing address, telephone number, and email address.

  5. Accuracy and authorization statement. A statement that the information in your counter-notice is accurate.

  6. Signature. Your physical or electronic signature.

5.2 DMCA Counter-Notice — Additional Requirement

DMCA counter-notices must include a statement, made under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification (17 U.S.C. § 512(g)(3)).

5.3 Effect of a Valid Counter-Notice

Upon receipt of a valid counter-notice, Onflay will:

  1. Promptly provide a copy of the counter-notice to the party who submitted the original notice.
  2. Restore the removed content within ten (10) to fourteen (14) business days, unless Onflay first receives notice that the original claimant has filed an action seeking a court order to restrain the alleged infringement.

6. Repeat-Infringer Policy

Onflay has adopted a policy of terminating, in appropriate circumstances, the accounts of Creators who are determined to be repeat infringers. A Creator may be considered a repeat infringer upon receipt of multiple valid infringement notices, or following submission of materially false counter-notices. Onflay reserves the right to terminate a Creator's account for a single instance of egregious infringement.

This policy applies regardless of the legal regime under which notices are submitted and is maintained consistent with 17 U.S.C. § 512(i) and the equivalent provisions of applicable LATAM and international copyright law.

7. Misrepresentation Warning

Under the U.S. DMCA (17 U.S.C. § 512(f)) and equivalent provisions of applicable law, any person who knowingly materially misrepresents that content is infringing, or that content was removed by mistake or misidentification, may be liable for damages, including attorneys' fees and costs.

Before submitting any notice or counter-notice, ensure your statements are accurate and that you have a genuine good faith belief in the claims you are making.

8. Trademark and Other IP Claims

This policy addresses copyright infringement claims. If you believe a Creator is infringing your trademark, patent, trade secret, or other intellectual property, please contact:

Email: legal@onflay.com Subject: IP Claim — [Trademark / Patent / Trade Secret / Other]

Onflay will review such claims and take appropriate action at its discretion.

9. Contact

For intellectual property takedown notices and related inquiries:

Onflay LLC 1021 E Lincolnway, Suite 10028 Cheyenne, Wyoming 82001 United States Email: legal@onflay.com

For DMCA-specific matters, once a designated agent is registered: [PLACEHOLDER: Insert registered DMCA agent contact details here]