Nocturne LLC ("the Company"), the operator of the sympathy.club platform (the "Site" or "Service"), 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), the text of which may be found on the U.S. Copyright Office website, we will respond expeditiously to clear, valid notifications of alleged copyright infringement. This Copyright Policy outlines the procedures for submitting a Notice of Infringement, submitting a Counter-Notification, and our policy regarding repeat infringers.
1. Filing a Notice of Infringement (DMCA Notice)
If you are a copyright owner, or are authorized to act on behalf of one, and believe in good faith that any content hosted on sympathy.club (such as profile images, background audio, background videos, or visual elements) infringes upon your copyright, you may submit an official Notice of Infringement to our designated copyright agent.
To ensure processing, your DMCA notice must be sent via email and include all of the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Specific identification of the copyrighted work claimed to have been infringed (e.g., links to the original copyrighted work, registration number, or description of the work).
- Specific identification of the material that you claim is infringing and that is to be removed, including the exact URL(s) of the sympathy.club profile page(s) containing the material. Providing generalized directories or homepages is insufficient.
- Your contact details, including your full legal name, physical mailing 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 that "the information in the notification is accurate, and under penalty of perjury, that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Please send your notice directly to our designated copyright agent at: [email protected].
Warning: Under Section 512(f) of the DMCA, any person who knowingly and materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys' fees incurred by us or our users.
2. What Happens When a Notice is Received
Upon receipt of a valid and complete DMCA Notice of Infringement, Nocturne LLC will:
- Expeditiously remove or disable access to the infringing material.
- Notify the user responsible for the profile containing the removed material and provide them with a copy of the DMCA notice (including the complaining party's name and contact email).
- Log a strike against the user's account under our Repeat Infringer Policy.
3. Filing a Counter-Notification
If your profile content was removed or access was disabled as a result of a DMCA Notice, and you believe this occurred due to a mistake, misidentification, or fair use, you have the right to file a Counter-Notification.
To submit a valid Counter-Notification, you must email our copyright agent and provide:
- Your physical or electronic signature.
- Specific identification of the material that was removed or to which access was disabled, and the exact location (URL) where the material appeared before removal.
- A statement under penalty of perjury that "I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
- Your name, physical mailing address, telephone number, and email address, along with 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 you reside outside the United States, that you consent to the jurisdiction of the federal courts located in the district where Nocturne LLC is established), and that you will accept service of process from the person who provided the original DMCA notice or an agent of that person.
Please send your counter-notice to: [email protected].
Next Steps after Counter-Notice: Upon receiving a valid Counter-Notification, we will send a copy to the original complaining party. If the copyright owner does not file a legal action seeking a court order to restrain you from engaging in the infringing activity within ten (10) to fourteen (14) business days, we are required by law to restore the removed content.
4. Repeat Infringer Policy
Nocturne LLC takes intellectual property infringement very seriously. In accordance with the DMCA and other applicable laws, we enforce a strict "Repeat Infringer Policy":
- We log copyright strikes against user accounts when we receive valid, undisputed DMCA complaints regarding their User Content.
- Accounts that receive three (3) distinct copyright strikes will have their profiles permanently disabled, their account terminated, and their ability to register new accounts blocked.
- We reserve the right to immediately terminate any account that engages in willful, egregious copyright theft, even on a first offense, in our sole discretion.