DMCA & Copyright Policy

Last updated

The short version

  • We respect copyright and remove infringing material when we receive a valid notice.
  • Send copyright notices through our contact form, choosing Copyright (DMCA): it has a field for every element the law requires.
  • If you believe material was removed by mistake, you can send a counter-notice the same way.
  • Knowingly false notices or counter-notices can make the sender liable for damages.
  • We stop publishing content from sources that are the subject of repeated valid notices.
  • Rights holders outside the United States can use the same process.
Contents
  1. Our approach to copyright
  2. How to file a copyright notice
  3. What happens after you send a notice
  4. Counter-notification
  5. False or abusive notices
  6. Repeated-infringement policy
  7. Rights holders outside the United States
  8. More information

The operator of GIGAXXX (“GIGAXXX”, “we”, “us”) respects the rights of copyright owners. This policy explains how to tell us about material you believe infringes your copyright, how to respond if you believe material was removed by mistake, and what we do about repeated infringement.

Videos on GIGAXXX come from established adult platforms and studios; GIGAXXX does not produce content, and there are no user uploads. We handle copyright complaints under the US Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and we remove or disable access to material that is the subject of a valid notice.

Before you send a notice, please consider whether the use could be permitted by law, for example as fair use. If you are not sure whether material infringes your rights, you may want to speak to a lawyer first.

Not a copyright issue?

If a video shows you, or someone you represent, without consent, you do not need to prove who owns the copyright. Use our contact form and choose “Remove my content”, or the Report button under the video. Reports involving non-consensual content or minors are prioritized.

Send your notice through our contact form, choosing “Copyright (DMCA)”. The form has a field for each element below, and it sends your notice directly to the person who handles copyright notices at GIGAXXX.

To be effective under 17 U.S.C. § 512(c)(3), your notice must include:

  1. Your signature. A physical or electronic signature of the copyright owner or of a person authorized to act on the owner’s behalf. Your full legal name typed in the signature field counts as an electronic signature.
  2. The copyrighted work. Identification of the copyrighted work you claim has been infringed or, if a single notice covers several works, a representative list of those works.
  3. The material to be removed. Identification of the material you claim is infringing and want removed or disabled, with information reasonably sufficient for us to locate it. Please give the full address (URL) of each video page on GIGAXXX, one per line.
  4. Your contact details. Information reasonably sufficient for us to contact you, such as your name, postal address, telephone number and email address.
  5. A good-faith statement. 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.
  6. An accuracy and authority statement. A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Sample wording for elements 5 and 6

“I 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. The information in this notice is accurate and, under penalty of perjury, I am the owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

If your notice is missing any of these elements, we may not be able to act on it. Where possible, we will contact you to ask for the missing information. A search results page or a category page is not specific enough: we need the address of each video.

What happens after you send a notice

  1. We review your notice to check that it contains the required elements.
  2. We act expeditiously to remove, or disable access to, the material identified in a valid notice.
  3. We record the notice and the source the material came from, under our repeated-infringement policy below.
  4. We let you know what action we took, and we forward to you any counter-notice we receive.

We cannot decide disputes about who owns a copyright or whether a license exists. If a dispute continues after a counter-notice, it must be resolved between the parties, in court if necessary.

Counter-notification

If you are the owner or licensee of material that was removed or disabled, and you believe this happened as a result of a mistake or misidentification, you can send a counter-notice through our contact form, choosing “Copyright (DMCA)”. Under 17 U.S.C. § 512(g)(3), it must include:

  1. Your signature. Your physical or electronic signature.
  2. The removed material. Identification of the material that was removed or disabled, and the location (URL) where it appeared before it was removed or disabled.
  3. A statement under penalty of perjury that you 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.
  4. Your details and consent to jurisdiction. Your name, address and telephone number, and 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 your address is outside the United States, for any judicial district in which GIGAXXX may be found, and that you will accept service of process from the person who sent the original notice or that person’s agent.

Your details will be shared

We send a copy of your counter-notice, including your name, address and telephone number, to the person who sent the original notice. Only send a counter-notice if you are confident the removal was a mistake, and consider speaking to a lawyer first.

When material is restored

When we receive a valid counter-notice, we promptly send a copy to the person who sent the original notice and tell them that we will restore the material, or stop disabling access to it, in 10 business days. We then restore it no less than 10 and no more than 14 business days after we receive the counter-notice, unless we first receive notice from the original sender that they have filed an action seeking a court order to restrain the alleged infringement relating to the material on GIGAXXX.

A counter-notice only concerns copyright. It does not restore material that was also removed for breaking our Terms of Service or the law.

False or abusive notices

Under 17 U.S.C. § 512(f), anyone who knowingly materially misrepresents that material or activity is infringing, or that it was removed or disabled by mistake or misidentification, can be held liable for damages, including costs and attorneys’ fees. This covers damages suffered by the alleged infringer, by the copyright owner or its authorized licensee, and by us, as a result of our relying on the misrepresentation.

If someone frequently submits notices that are manifestly unfounded, we may, after a warning, stop processing their notices for a period of time.

Repeated-infringement policy

GIGAXXX has no user accounts and no uploads: every video comes from a source that we choose. We keep a record of the valid notices we act on and of the sources concerned. When material from the same source is the subject of repeated valid notices, we stop publishing content from that source and review what we already publish from it.

Rights holders outside the United States

The DMCA is a US law, but you do not need to be in the United States to use this process. Rights holders in any country are welcome to send a notice through our contact form with the elements listed above.

More information

For more about the DMCA and the notice process, see the US Copyright Office DMCA page. This policy is not legal advice. For questions about copyright on GIGAXXX, use our contact form. Details of the operator of GIGAXXX are set out in our Legal notice.

Send a copyright notice

Use our contact form with the topic Copyright (DMCA): it asks for every element a valid notice needs (the work, the link, your statements and signature). Counter-notices use the same form.

Open the copyright form

GIGAXXX sets no cookies of its own and uses only essential browser storage for the settings you choose, plus anonymous video statistics you can switch off. If analytics or advertising are ever added, they stay off until you allow them.

EssentialSaved videos, history (if enabled) and player settings. Always on.
Video statisticsAnonymous counts per video (shown, opened, time watched) used to rank videos. No cookie, no identifier.
AnalyticsAnonymous usage statistics. Not in use yet.
AdvertisingAd personalization and measurement. Not in use yet.

See our Cookie Policy and Privacy Policy.