TalkViaLink DMCA and Content Removal Policy

TalkViaLink respects the intellectual property rights of others and expects our users to do the same. We comply with the provisions of the Digital Millennium Copyright Act (DMCA) and have implemented procedures for receiving and responding to notices of alleged copyright infringement.

Reporting Copyright Infringement

If you believe that content on TalkViaLink violates our guidelines or infringes upon your copyright or other intellectual property rights, we encourage you to report it immediately. Reports can be submitted through our dedicated contact page or directly via the profile page of the user whose content you believe is infringing.

Submitting a DMCA Takedown Notice

If you are a copyright owner or an authorized agent acting on behalf of a copyright owner and believe that content on TalkViaLink infringes your copyright, you may submit a formal DMCA takedown request through our contact form. To ensure we can act quickly and accurately on your claim, your notice must include all of the following information:

A detailed description of the copyrighted work that you believe has been infringed. If multiple copyrighted works are involved, please provide a representative list of such works. A direct link to the infringing content on TalkViaLink or a detailed description of where the infringing material is located on our platform, including usernames, profile links, or specific post URLs. Screenshots and supporting evidence that demonstrate your ownership of the copyright and show how the content on our platform infringes your rights. Your full legal name, mailing address, telephone number, and email address so that we may contact you regarding your claim if necessary.

A statement that you have a good faith belief that the use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner whose rights are allegedly being infringed. Your physical or electronic signature.

Please note that DMCA takedown notices that do not include all of the required elements may not be considered valid under the DMCA. Submitting false or misleading copyright claims may result in legal consequences, including liability for damages, costs, and attorney fees under Section 512(f) of the DMCA.

Our Response to DMCA Notices

Upon receiving a valid and complete DMCA takedown notice, TalkViaLink will review the claim promptly. If we determine that the content in question does infringe copyright or violates our Terms of Service, we will remove or disable access to the allegedly infringing material. We will also take appropriate action against the user who posted the content, which may include warnings, temporary suspension, or permanent termination of their account, depending on the severity and frequency of violations.

The user who posted the allegedly infringing content will be notified that their content has been removed or disabled due to a DMCA complaint, unless such notification is prohibited by law. We may provide the user with information about the complaint to allow them to understand the basis for the removal and exercise their right to submit a counter-notification if they believe the content was removed in error.

Counter-Notification Process

If you believe that content you posted was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification pursuant to the DMCA. To submit a valid counter-notification, you must provide the following information:

Your full legal name, mailing address, telephone number, and email address. Identification of the content that was removed or disabled and the location where it appeared before removal, including specific URLs or other identifying information. A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification. 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 of the United States, for any judicial district in which TalkViaLink may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person. Your physical or electronic signature.

Upon receiving a valid counter-notification, we will forward it to the party who submitted the original DMCA takedown notice. If that party does not notify us within ten to fourteen business days that they have filed a court action, we may restore the removed content at our discretion. Submitting a false counter-notification may result in legal liability.

Content Removal Appeals for Depicted Individuals

If you are personally depicted in content on TalkViaLink and wish to request its removal for reasons other than copyright infringement, such as privacy concerns, lack of consent, or violation of our prohibited content guidelines, you may submit an appeal for content removal. To initiate this process, please contact us through our contact form and select "Appeal Content" as your inquiry type.

In your appeal, please provide detailed information about the content you wish to have removed, including direct links or descriptions that will help us locate it. Explain why you believe the content should be removed and provide evidence to support your claim, such as proof of identity, documentation of consent withdrawal, or other relevant materials. All appeals submitted by individuals depicted in content will be reviewed carefully and fairly by our moderation team.

Dispute Resolution and Mediation

If you disagree with our decision regarding a DMCA claim, counter-notification, or content removal appeal, we are open to resolving the matter through alternative dispute resolution methods. We are willing to work with a neutral third-party mediator to facilitate a fair resolution of the dispute. Parties interested in pursuing mediation should contact us through our support channels.

Response Timeframes

TalkViaLink is committed to addressing DMCA takedown notices, counter-notifications, and content removal appeals in a timely manner. We will make reasonable efforts to review, respond to, and resolve all properly submitted requests within seven business days of receipt. Complex cases that require additional investigation or legal review may require additional time to resolve, and we will communicate with submitting parties if additional time is needed.

Repeat Infringer Policy

In accordance with the DMCA and our commitment to protecting intellectual property rights, TalkViaLink has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. A repeat infringer is a user who has been the subject of multiple valid DMCA takedown notices or has repeatedly posted content that infringes the copyrights of others.

Contact Information

For all DMCA takedown notices, counter-notifications, content removal appeals, and questions about this policy, please use our official contact form on the TalkViaLink website. Ensure that you select the appropriate category for your inquiry to help us route your request to the correct team for faster processing.