We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”) or any other applicable intellectual property legislation or laws. Responses may include removing, blocking or disabling access to material claimed to be the subject of infringing activity, terminating the user’s access to www.ximgur.com (“XIMGUR”), or all of the foregoing.
If you believe any material accessible on XIMGUR infringes your copyright, you may submit a copyright infringement notification (see below, “Filing a DMCA Notice of Copyright Infringement” for instructions on filing such a notice). These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.
If we remove or disable access to material in response to such a notice, we will take reasonable steps to notify the user that uploaded the affected content material that we have removed or disabled access to so that the user has the opportunity to submit a counter notification (see below, “Counter-Notification Procedures” for instructions on filing a counter notification). It is our policy to document all notices of alleged infringement on which we act.
All copyright infringement notifications and counter-notifications must be written in English. Any attempted notifications written in foreign languages or using foreign characters may, at our discretion, be deemed non-compliant and disregarded.
Filing a DMCA Notice of Copyright Infringement
If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences.
You may notify XIMGUR of alleged copyright infringement via our form found at ximgur.com/dmca. This form is designed to help you identify your content accurately and help speed up the process of content take-down.
We also accept free-form copyright infringement notifications. In that case, in accordance with the DMCA, the written notice (the “DMCA Notice”) must include substantially the following:
- Your name, address, phone number and physical or electronic signature;
- Identification of the allegedly infringing content and its location before removal or access to it was disabled;
- A statement under penalty of perjury that you believe in good faith that the content was removed by mistake or misidentification; and
- A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which you are located (or if you are outside the U.S., for any judicial district in which the operator of XIMGUR may be found), and that you will accept service of process from the person who originally provided us with the DMCA Notice or an agent of such person.
We will not respond to counter notifications that do not meet the requirements above.
After we receive your Counter Notice, we will forward it to the party who submitted the original DMCA Notice and inform that party that the removed material may be restored after 10 business days but no later than 14 business days from the date we received your Counter Notice, unless our Designated Agent first receives notice from the party who filed the original DMCA Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that when we forward your Counter Notice, it will include your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant or to law enforcement or parties that assist us with enforcing and protecting our rights.
Please be aware that if you knowingly materially misrepresent that material or activity on XIMGUR was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating or disabling, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also at our sole discretion limit access to XIMGUR, terminate or disable the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.