DMCA
DMCA Notice and Takedown Policy
OnlytheXclusive, operated by OnlytheXclusive ("OnlytheXclusive"), qualifies as a "Service Provider" under the Digital Millennium Copyright Act ("DMCA") as defined in 17 U.S.C. § 512(k)(1). This designation provides certain protections against claims of copyright infringement, commonly known as "safe harbor" provisions. We uphold intellectual property rights and expect our users to do the same. Therefore, we adhere to the DMCA and have established the following Notice and Takedown Policy concerning claims of copyright infringement by our users.
Submitting a Notice of Claimed Infringement
If you believe that your copyrighted work has been copied and published on OnlytheXclusive in a way that constitutes copyright infringement, please provide our Designated Agent (details below) with the following information:
(a) Your electronic or physical signature, or that of an authorized person acting on behalf of the copyright owner;
(b) A description of the copyrighted work claimed to have been infringed;
(c) Details of where the infringing material is located on OnlytheXclusive (including specific URLs if possible);
(d) Your contact information: address, telephone number, and email address;
(e) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
Please send your Notice of Claimed Infringement ("Notice") to:
contact@onlythexclusive.com
Do not send other inquiries or information to our Designated Agent. The Designated Agent is not authorized to accept or waive formal legal process without express permission, beyond accepting valid DMCA Notices.
Abuse Notification
Misuse of DMCA Notice procedures or misrepresentation of facts can lead to legal consequences under federal law, including damages, court costs, and attorneys’ fees (17 U.S.C. § 512(f)). These procedures specifically address claims of copyright infringement by copyright holders and their agents, excluding other types of abuse, infringement, or legal claims. We investigate and take action against any misuse of the DMCA notification or counter-notification process. Ensure compliance with all legal requirements before submitting a DMCA Notice to our Designated Agent.
Handling of Takedown Notices
Upon receipt of a notification claiming copyright infringement, OnlytheXclusive reserves the right to disable access to or remove infringing material promptly, based on factual evidence or circumstances. OnlytheXclusive’s policy includes terminating accounts of repeat infringers when necessary, acting in accordance with procedures outlined in 17 U.S.C. § 512 of the DMCA. OnlytheXclusive follows the DMCA Notice Procedures outlined earlier. If a Notice does not fully comply with § 512 of the DMCA but meets three essential notification elements, OnlytheXclusive will attempt to contact the complainant to facilitate compliance with notification requirements. Once a valid Notice is received, OnlytheXclusive will swiftly remove or disable access to the infringing material and notify the affected user. The affected user may then submit a counter-notification to the Designated Agent, asserting under penalty of perjury that the material was removed due to a mistake or misidentification.
Submitting a Counter-Notification
If your material has been removed or disabled due to a DMCA Notice and you believe it was done in error, you may submit a counter-notification under § 512(g)(2)-(3) of the DMCA. The counter-notification must include:
(a) Specific details of the removed material;
(b) Location of the material on OnlytheXclusive before removal (including URLs);
A statement affirming that removal was erroneous, using the following or similar language: “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by mistake or misidentification.”
(d) Your physical address, telephone number, and email address; € A statement consenting to the jurisdiction of the federal district court where you reside, or where OnlytheXclusive may be found, and accepting service of process from the complainant or their agent.
Sign and send your counter-notification to:
[insert email]
Only use this contact for submitting counter-notifications. The Designated Agent does not handle customer service inquiries or other communications unrelated to DMCA Notices.
After receiving a counter-notification, our Designated Agent will forward it to OnlytheXclusive. OnlytheXclusive will then provide the counter-notification to the original claimant who submitted the initial Notice of infringement.
English Language Requirement
All DMCA notices and counter-notifications must be in English. Notices in foreign languages or using foreign characters will not be considered compliant and will be disregarded.
Modifications
OnlytheXclusive reserves the right to modify, amend, or supplement this policy. Users should regularly review this policy for updates.
Customer Service Requests
Please note that the Designated Agent acts solely as an attorney for OnlytheXclusive and does not handle customer service inquiries, payment questions, or cancellation requests. Direct such communications to OnlytheXclusive’s customer service department.
OnlytheXclusive, operated by OnlytheXclusive ("OnlytheXclusive"), qualifies as a "Service Provider" under the Digital Millennium Copyright Act ("DMCA") as defined in 17 U.S.C. § 512(k)(1). This designation provides certain protections against claims of copyright infringement, commonly known as "safe harbor" provisions. We uphold intellectual property rights and expect our users to do the same. Therefore, we adhere to the DMCA and have established the following Notice and Takedown Policy concerning claims of copyright infringement by our users.
Submitting a Notice of Claimed Infringement
If you believe that your copyrighted work has been copied and published on OnlytheXclusive in a way that constitutes copyright infringement, please provide our Designated Agent (details below) with the following information:
(a) Your electronic or physical signature, or that of an authorized person acting on behalf of the copyright owner;
(b) A description of the copyrighted work claimed to have been infringed;
(c) Details of where the infringing material is located on OnlytheXclusive (including specific URLs if possible);
(d) Your contact information: address, telephone number, and email address;
(e) A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information provided in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
Please send your Notice of Claimed Infringement ("Notice") to:
contact@onlythexclusive.com
Do not send other inquiries or information to our Designated Agent. The Designated Agent is not authorized to accept or waive formal legal process without express permission, beyond accepting valid DMCA Notices.
Abuse Notification
Misuse of DMCA Notice procedures or misrepresentation of facts can lead to legal consequences under federal law, including damages, court costs, and attorneys’ fees (17 U.S.C. § 512(f)). These procedures specifically address claims of copyright infringement by copyright holders and their agents, excluding other types of abuse, infringement, or legal claims. We investigate and take action against any misuse of the DMCA notification or counter-notification process. Ensure compliance with all legal requirements before submitting a DMCA Notice to our Designated Agent.
Handling of Takedown Notices
Upon receipt of a notification claiming copyright infringement, OnlytheXclusive reserves the right to disable access to or remove infringing material promptly, based on factual evidence or circumstances. OnlytheXclusive’s policy includes terminating accounts of repeat infringers when necessary, acting in accordance with procedures outlined in 17 U.S.C. § 512 of the DMCA. OnlytheXclusive follows the DMCA Notice Procedures outlined earlier. If a Notice does not fully comply with § 512 of the DMCA but meets three essential notification elements, OnlytheXclusive will attempt to contact the complainant to facilitate compliance with notification requirements. Once a valid Notice is received, OnlytheXclusive will swiftly remove or disable access to the infringing material and notify the affected user. The affected user may then submit a counter-notification to the Designated Agent, asserting under penalty of perjury that the material was removed due to a mistake or misidentification.
Submitting a Counter-Notification
If your material has been removed or disabled due to a DMCA Notice and you believe it was done in error, you may submit a counter-notification under § 512(g)(2)-(3) of the DMCA. The counter-notification must include:
(a) Specific details of the removed material;
(b) Location of the material on OnlytheXclusive before removal (including URLs);
A statement affirming that removal was erroneous, using the following or similar language: “I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by mistake or misidentification.”
(d) Your physical address, telephone number, and email address; € A statement consenting to the jurisdiction of the federal district court where you reside, or where OnlytheXclusive may be found, and accepting service of process from the complainant or their agent.
Sign and send your counter-notification to:
[insert email]
Only use this contact for submitting counter-notifications. The Designated Agent does not handle customer service inquiries or other communications unrelated to DMCA Notices.
After receiving a counter-notification, our Designated Agent will forward it to OnlytheXclusive. OnlytheXclusive will then provide the counter-notification to the original claimant who submitted the initial Notice of infringement.
English Language Requirement
All DMCA notices and counter-notifications must be in English. Notices in foreign languages or using foreign characters will not be considered compliant and will be disregarded.
Modifications
OnlytheXclusive reserves the right to modify, amend, or supplement this policy. Users should regularly review this policy for updates.
Customer Service Requests
Please note that the Designated Agent acts solely as an attorney for OnlytheXclusive and does not handle customer service inquiries, payment questions, or cancellation requests. Direct such communications to OnlytheXclusive’s customer service department.
