1. Our Commitment to Copyright
SpoonieFans, operated by Pickii Group, LLC, respects the intellectual property rights of others and expects our users to do the same. This DMCA & Copyright Policy explains how we comply with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, and how copyright owners can report infringing material on our Platform. We respond promptly to valid notices of alleged copyright infringement.
2. Designated DMCA Agent
In accordance with the DMCA, SpoonieFans has designated an agent to receive notices of alleged copyright infringement. All DMCA notices must be sent to:
- DMCA Agent: SpoonieFans / Pickii Group, LLC
- Email: dmca@spooniefans.com
- Mailing Address: SpoonieFans / Pickii Group, LLC, Attn: DMCA Agent, Bloomingdale, IL
📌 Note: We are also registered with the U.S. Copyright Office DMCA Designated Agent Directory.
3. Filing a DMCA Takedown Notice
If you believe that content on SpoonieFans infringes your copyright, you may submit a written DMCA takedown notice to our DMCA Agent. To be valid under 17 U.S.C. § 512(c)(3), your notice MUST include all of the following:
- 1. Signature — A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
- 2. Identification of the work — A clear description of the copyrighted work you claim has been infringed
- 3. Identification of the infringing material — A specific description of the material on SpoonieFans you claim is infringing, including the URL(s) where it appears
- 4. Contact information — Your full legal name, mailing address, telephone number, and email address
- 5. Good faith statement — "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."
- 6. Accuracy statement — "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
⚠️ Warning: Knowingly submitting a false DMCA notice may result in liability for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f). Please be sure the material is genuinely infringing before submitting a notice.
4. Our Response to a Valid DMCA Notice
When we receive a complete and valid DMCA takedown notice, we will:
- Remove or disable access to the allegedly infringing content, typically within 24–72 hours
- Notify the user who posted the content (the "Subscriber" or "Creator") and provide them with a copy of the notice
- Inform that user of their right to file a counter-notice
- Forward the notice to our legal team for record-keeping
If the notice is incomplete or invalid, we will notify the sender and may decline to act until a complete notice is provided.
5. Counter-Notice Procedure
If you are a Creator or Subscriber whose content was removed and you believe the removal was a mistake or a misidentification, you may file a counter-notice. To be valid under 17 U.S.C. § 512(g)(3), your counter-notice MUST include:
- 1. Signature — Your physical or electronic signature
- 2. Identification — Identification of the material that was removed and the location where it appeared before removal
- 3. Good faith statement — "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material."
- 4. Contact information — Your full legal name, address, telephone number, and email address
- 5. Consent to jurisdiction — "I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or, if outside the United States, the Northern District of Illinois) and will accept service of process from the person who filed the original DMCA notice or their agent."
6. Our Response to a Counter-Notice
Upon receipt of a valid counter-notice, we will:
- Forward a copy to the original complaining party
- Inform them that we will restore the content within 10–14 business days unless they file a court action seeking a restraining order against the user
- Restore the content if no court action is filed within that window
7. Repeat Infringer Policy
Consistent with 17 U.S.C. § 512(i), SpoonieFans has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are repeat copyright infringers. Specifically:
- First valid DMCA strike: warning + content removal
- Second valid DMCA strike: 30-day account suspension + content removal
- Third valid DMCA strike: permanent account termination + forfeiture of unpaid earnings (for Creators)
A "valid" strike is one that we accept after review and that is not successfully reversed by a counter-notice. Strikes expire from a user's record after 24 months of compliant behavior.
8. Trademark Infringement
Although the DMCA covers copyright, we also respect trademark rights. If you believe your trademark is being infringed on the Platform (e.g., impersonation, unauthorized brand use), please send a written notice to legal@spooniefans.com with:
- Your trademark registration number(s) or proof of common-law rights
- A description of the alleged infringing use, with URLs
- Your contact information
- A good faith statement of belief that the use is unauthorized
9. Fair Use Considerations
Before filing a DMCA notice, please consider whether the use may qualify as fair use under 17 U.S.C. § 107. Fair use may apply to commentary, criticism, news reporting, education, and transformative works. Filing a DMCA notice against a clear fair use may expose you to liability under § 512(f) and the Lenz v. Universal Music doctrine.
10. Privacy & DMCA Notices
Please note that any DMCA notice or counter-notice you submit may be forwarded to the other party (the alleged infringer or the original complainant) and may be published in transparency reports such as the Lumen Database (lumendatabase.org) with personal information redacted where possible. Submit only information you are comfortable sharing.
11. Modifications
We may update this DMCA & Copyright Policy from time to time. The "Last Updated" date at the top of this document reflects the most recent revision.
13. Brand & Trademark Use
For trademark concerns, see our separate Brand & Trademark Use Policy.