Copyright / DMCA Policy

1. Overview

NoFortune respects the intellectual property rights of others and expects users of our website, magazine, and marketplace to do the same. This Copyright / DMCA Policy describes how copyright owners can notify us of alleged infringement and how users can respond, and sets out our Repeat Infringer Policy and Content Removal Procedure as required by the Digital Millennium Copyright Act (DMCA) and similar laws.

2. Designated Copyright Agent

All copyright infringement claims under the DMCA must be sent to our Designated Copyright Agent:

NoFortune Copyright Agent
Email: legal@nofortune.com
Subject line: "DMCA Takedown Notice"

For speed and accuracy, please submit claims by email. We will respond to valid notices as promptly as practicable.

3. DMCA Notice Requirements

To be effective under the DMCA, your notice must include the following in writing:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work you believe has been infringed (or, if multiple works, a representative list).
• Identification of the allegedly infringing material and information reasonably sufficient to let us locate it (for example, a URL).
• Your contact information, including full name, address, telephone number, and email.
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, made under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf.

Incomplete notices may delay processing. We may request clarification. Providing false or misleading information may expose you to liability under Section 512(f) of the DMCA for damages, including costs and attorneys' fees.

4. Counter-Notification

If your content was removed or disabled due to a DMCA notice and you believe in good faith that it was removed in error or misidentification, you may submit a counter-notification to legal@nofortune.com. Your counter-notification must include:

• Your physical or electronic signature.
• Identification of the material that was removed and the location at which it appeared before removal.
• A statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
• Your name, address, telephone number, and email, 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 outside the U.S., any judicial district in which NoFortune may be found) and that you will accept service of process from the person who submitted the original notice.

Upon receiving a valid counter-notification, we may restore the material in ten (10) to fourteen (14) business days unless we first receive notice that the original complainant has filed a court action seeking to restrain the infringement.

5. Repeat Infringer Policy

In accordance with the DMCA and our policies, NoFortune will, in appropriate circumstances, terminate the accounts of users who are determined to be repeat infringers. A "repeat infringer" is a user whose content has been the subject of two (2) or more valid DMCA takedown notices, or who has otherwise engaged in a pattern of infringing activity. We track infringement claims in good faith and apply this policy in our reasonable discretion. Termination under this policy does not limit any other remedies available to NoFortune or copyright owners.

When assessing repeat infringement, we consider the validity of notices, good-faith counter-notifications, and the user's overall conduct. We may also terminate an account for a single, egregious instance of infringement or where required by law.

6. Content Removal Procedure

When NoFortune receives a valid DMCA notice, we follow this Content Removal Procedure:

• 1. Review. We review the notice for completeness and compliance with the DMCA requirements above.
• 2. Removal or disablement. If the notice is valid, we will expeditiously remove or disable access to the allegedly infringing material.
• 3. Notice to user. Where feasible, we will notify the affected user that the material was removed and provide a copy of the takedown notice (which may be redacted to protect privacy) along with instructions for submitting a counter-notification.
• 4. Recordkeeping. We keep a record of the notice and our action for our compliance files.
• 5. Counter-notification. If the affected user submits a valid counter-notification, we will process it as described above and may restore the material.
• 6. Repeat infringer action. The user's account may be reviewed under our Repeat Infringer Policy.

NoFortune reserves the right to remove content it believes, in good faith, infringes or violates law or policy, even outside the formal DMCA process, and to take action against accounts accordingly. We may also forward notices to the affected user and to relevant platforms where appropriate.

7. Terminated Accounts and Forfeiture

Accounts terminated for infringement may forfeit pending commissions, vendor payouts, marketplace credit balances, and listings, to the extent permitted by law. We may also prohibit re-registration under any new account.

8. False Claims and Penalties

Submitting a DMCA notice knowing that the material was removed by mistake or misidentification, or making false claims of infringement, may result in liability for damages, including costs and attorneys' fees under Section 512(f) of the DMCA. NoFortune may also pursue its own remedies against those who submit fraudulent notices.

9. Limitations of This Policy

This policy does not constitute legal advice and does not replace the rights of copyright owners to pursue claims directly. NoFortune is not a court and does not adjudicate ownership disputes; where ownership is genuinely disputed, parties may need to resolve the matter in court. We act in good faith but cannot guarantee that any particular material will or will not be removed.

10. Good-Faith Operation

NoFortune operates this policy in good faith. We may decline to act on notices that are facially invalid, abusive, or that appear designed to suppress lawful speech, and we may seek clarification before removing material. We may update this policy and our procedures from time to time to comply with law and improve the process.

11. Changes to This Policy

We may update this Copyright / DMCA Policy at any time. The "Last updated" date reflects the most recent revision. Claims are processed under the policy in effect at the time of submission.

12. Contact Us

Copyright or DMCA questions should be directed to:

NoFortune Copyright Agent
Email: legal@nofortune.com