DMCA Notice and Takedown Policy

This page explains how to report copyright infringement on xcapybara.com (the "Website"). It covers copyright claims only. For questions or concerns about abuse, harassment, inappropriate content or privacy, please email abuse@xcapybara.com.

By using the Website you confirm that you have had the opportunity to obtain independent legal advice about your rights and obligations in relation to this policy.

WARNING: UNDER 17 U.S.C. § 512(f), ANYONE WHO KNOWINGLY AND MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING MAY BE LIABLE FOR DAMAGES. DO NOT SUBMIT FALSE COPYRIGHT CLAIMS.

The full text of the Digital Millennium Copyright Act ("DMCA") is available here, and a summary by the U.S. Copyright Office is available here. These links are provided for convenience only; we make no representations about the accuracy of the information on those pages.

The Website is a "service provider" within the meaning of 17 U.S.C. § 512(k)(1) and relies on the "safe harbor" protections of the DMCA.

Submitting a notice of infringement

If you believe material on the Website infringes your copyright, send us a written notice by email or post. Under 17 U.S.C. § 512(c)(3), your notice must contain:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. identification of the copyrighted work you claim is infringed or, if several works are covered by one notice, a representative list of those works;
3. identification of the material you claim is infringing and that should be removed or disabled, with enough information for us to locate it (preferably the exact URLs);
4. your contact details, such as your address, telephone number and email address;
5. a statement that you believe in good faith that the use of the material is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Send your notice to:
W Media Group
Keizersgracht 343-A
1016 EH Amsterdam
The Netherlands
Email: dmca@xcapybara.com

Notices that do not meet these requirements may not be acted upon.

Many videos on the Website are embedded from third-party platforms. Where possible, please also report the material to the platform that hosts it, so it can be removed at the source.

Counter-notification

If material you placed online was removed following an infringement notice and you believe this was a mistake, you may send a counter-notification to the address above. Under 17 U.S.C. § 512(g)(3) it must be in writing and include:

1. the specific URLs of the material that was removed or disabled;
2. your full name, address, telephone number and email address;
3. the statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Website is located, and will accept service of process from the claimant";
4. the 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 a mistake or misidentification of the material to be removed or disabled"; and
5. your physical or electronic signature (a scanned signature is accepted).

We will forward a valid counter-notification to the party that filed the original notice. Please note that this includes your personal details; by submitting a counter-notification you agree to this. Unless the complaining party informs us that it has filed a court action to restrain the alleged infringement, we may restore the material no sooner than 10 and no later than 14 business days after receiving the counter-notification. We are not required to respond to counter-notifications that do not meet the requirements above.

Retracting a notice

If you realise after submitting a notice that you identified the wrong material, did not meet the DMCA requirements or simply changed your mind, you can withdraw it by sending us a retraction containing:

1. a statement that you are retracting your notice of infringement;
2. the complete and specific URL of the material concerned;
3. your electronic signature; and
4. a copy of your original notice.

Repeat infringers

In line with 17 U.S.C. § 512(i), we maintain a policy of terminating, in appropriate circumstances, the access of users who repeatedly infringe copyright.

We may update this policy at any time without prior notice. Please check this page regularly.