DMCA and content complaints
Updated:
This document explains how to report a work published on swaplse.com that infringes rights in a protected work, depicts a person without that person's consent, or otherwise breaks the law. It also sets out what we do once such a report reaches us, and how the author of a removed work can challenge the removal.
Where to send a report
You can report a violation in any of three ways:
- by email to support@swaplse.com with the subject "DMCA";
- with the "Report" button on the page of the work itself;
- through the support form on the site.
All three channels feed the same queue and are handled the same way. There is no need to send the same report through several channels: it does not speed up review.
If you are acting on behalf of a rights holder, say so explicitly and name the party you represent.
What a notice must contain
So that a claim can be verified, a report has to state:
- which protected work is affected: what the material is, who holds the rights to it, and where the original is published, if it is public;
- a link to the disputed work on our site - an address of the form swaplse.com/work/...; if several works are involved, list each one as a separate link;
- the ground for the claim: infringement of rights in a work, use of a person's likeness without consent, or another breach of the law;
- a statement that you have a good faith belief that the use of the material is not authorised by the rights holder, its agent, or the law;
- a statement that the information you give is accurate and that you act as the rights holder or as a person authorised to act on the rights holder's behalf;
- a contact for our reply and the signature of the complainant - electronic or handwritten.
A report without a link to a specific work cannot be verified: we will send it back and ask you to complete it. If some detail is missing, we request it in a single message rather than rejecting the complaint outright.
A person depicted without consent
Complaints about the use of a specific person's likeness without consent are handled as a priority, ahead of other reports in the queue. Such a complaint may be filed by the depicted person or by that person's legal representative.
To verify it we need confirmation of the complainant's identity: the nature of the complaint requires it, otherwise any outsider could have another user's work taken down. Supporting material is used only to review the report and is never published.
A work for which such a complaint is confirmed is taken down on an accelerated basis, without waiting for the author's reply.
What happens after a report
We log the report, review it on the merits, and check the work against our rules. Review is carried out by automated systems and by people.
Justified complaints are handled within 72 hours: the content is removed from public access. The author is notified of the removal and of the ground for the claim; the complainant's personal data is not disclosed to the author unless the law requires it.
If the review finds no violation, we tell the complainant so and the work stays published.
Counter-notice
The author of a removed work may send a counter-notice to the same address, support@swaplse.com. It has to state the link to the removed work, the grounds for the right to publish it, a statement that the information is accurate, and a contact for our reply.
The content stays down until the dispute is resolved. We do not act as an arbitrator in rights disputes between parties: if the parties do not reach agreement, the dispute is settled in the manner provided by applicable law.
Repeat infringers
We keep a record of confirmed violations per account. On repeat violations the author's account is blocked and their works are unpublished. Coins remaining on an account blocked for a violation are not refunded - see the Refund Policy.
Trying to get around a block by creating a new account is itself a violation of the Terms of Service.
Material involving minors
Zero tolerance applies. Material involving minors, or portraying characters as minors, is removed immediately, out of turn and without waiting for any explanation from the author.
The offending account is blocked with no possibility of restoration and the case is reported to the competent authorities. Such material and the related data are retained only to the extent and for the period the law requires, solely for handover to those authorities.
Bad faith complaints
The complainant is responsible for the accuracy of the information in a notice. A knowingly false complaint filed to get someone else's work removed without lawful grounds may expose the complainant to liability under applicable law, including damages payable to the injured party.
Where knowingly unfounded complaints are filed systematically, we may stop accepting reports from the address in question and block the associated account.
Contact
The single address for matters covered by this document is support@swaplse.com, with the subject "DMCA". The service has no other mailboxes. Related documents: Acceptable Use, Terms of Service, 18 U.S.C. 2257 Statement.
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