OnlySlaveCopyright: notice and counter notice
1. What this page covers, and what it does not
This page governs notices of copyright infringement: someone has uploaded a work in which you hold the rights. We handle such notices under the procedure of the United States Digital Millennium Copyright Act (17 U.S.C. § 512), notwithstanding that the operator is established in Switzerland.
OnlySlave is a service provider within the meaning of 17 U.S.C. § 512(k)(1). We follow the DMCA notice and takedown procedure voluntarily and claim the limitations on liability ("safe harbor") of § 512. Claims and rights under Swiss and other applicable law are unaffected.
If you appear in content and want it removed, this is not the right route. Use the procedure for depicted persons instead: we remove first and review afterwards, and you do not have to prove that you hold any rights. See Content removal. That route is faster and asks less of you than the one below.
2. Notice of claimed infringement
An effective notice under 17 U.S.C. § 512(c)(3)(A) must contain all of the following. If one is missing we cannot treat the submission as a DMCA notice and will come back to you.
- A physical or electronic signature of the copyright owner or of a person authorised to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed. If the notice covers several works, a representative list is sufficient.
- Identification of the material claimed to be infringing and information reasonably sufficient to let us locate it, normally the full URL on onlyslave.com.
- Information reasonably sufficient to let us contact you: address, telephone number and email address.
- A statement that you have a good faith belief that the use complained of is not authorised by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
Notices in German or English are equally acceptable.
3. Designated agent
Send notices and counter notices to:
SwissApp Group GmbH
DMCA Agent
Arsenalstrasse 40
6010 Kriens LU
Switzerland
dmca@onlyslave.com
Please send only DMCA notices and counter notices to this address. Anything else - account, billing, content questions, requests by depicted persons - belongs at support@onlyslave.com and will go unanswered if it is sent to the designated agent.
The designated agent is authorised solely to receive effective DMCA notices and counter notices. Without prior express authorisation the agent is not authorised to accept or to waive service of process or any other formal legal process. Any agency relationship beyond that required to accept valid DMCA notices is expressly disclaimed.
4. What happens after a notice
- We acknowledge receipt within 24 hours and decide within 72 hours, the same deadlines that apply to every report (Richtlinien, Ziff. 6).
- If the notice is effective, we disable or remove the material complained of.
- We notify the uploading person of the removal and pass them a copy of the notice. Your contact details are part of it, so file a notice only if you accept that.
- We inform the uploading person of the possibility of a counter notice under section 5.
5. Counter notice
If your content was removed and you believe that was wrong, you may file a counter notice under 17 U.S.C. § 512(g)(3). It must contain:
- Your physical or electronic signature.
- Identification of the material that was removed and the location at which it appeared before removal.
- A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification.
- Your name, address and telephone number.
- Your consent to the jurisdiction of the United States District Court for the district in which you reside, or, if you reside outside the United States, for any district in which we may be found, and your consent to accept service of process from the person who filed the notice.
We forward the counter notice to the person who filed the original notice. If they do not file an action within ten to fourteen business days, we may restore the material. Your contact details are disclosed to the notifying party in the process.
6. Repeat infringers
We permanently terminate the accounts of persons who repeatedly infringe the rights of others (17 U.S.C. § 512(i)). What counts is effective notices that were not successfully challenged. Termination extends to replacement accounts of the same person; the consequences follow AGB, Ziff. 9 and Richtlinien, Ziff. 7.
7. Abusive notices
Anyone who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, is liable under 17 U.S.C. § 512(f) for the resulting damages, including attorneys' fees. We reserve the right to reject abusive notices and to terminate the accounts concerned.