Copyright Policy

I. Introduction and Scope

This Copyright Policy governs how xporndude.com (the “Company,” “we,” “us,” or “our”) addresses notifications of alleged copyright infringement on our website (the “Site”).

We respect the intellectual property rights of others. This policy is incorporated by reference into our Terms and Conditions.

II. Fair Use and Intellectual Property of Third Parties

1. Our Role as a Review Directory: Our Site operates as an information directory and review service. Our primary purpose is to provide commentary, criticism, and information about third-party websites. As a review service, we analyze, critique, and inform consumers about the features, quality, and characteristics of third-party adult entertainment websites.

2. Scope of Materials Used: In the course of providing reviews and commentary, our Site may display or quote a limited amount of third-party copyrighted material. The specific types of materials we use are strictly limited to:

   Visual Materials:

   • Favicons: Small website icons (typically 16x16 or 32x32 pixels) used to visually identify the website being reviewed.
   • Homepage Screenshots: Partial or full-page screenshots of a website’s homepage, used to illustrate the appearance and user interface of the site being reviewed.
   • Logos and Brand Names: Displayed for identification purposes only.
   • Website Thumbnails: Reduced-size preview images generated from website content.

   Textual Materials:

   • Factual Information: Factual claims made by third-party websites (such as update frequency, content volume, technical specifications, or operational details). We note that factual information itself is not subject to copyright protection.
   • Brief Quotations: Short excerpts from third-party website descriptions, promotional materials, or “About Us” sections, used to accurately represent the website’s self-description and to provide context for our critical commentary.
   • Website Names and Slogans: Used for identification and reference purposes only.

3. Technical Measures and Practices to Minimize Use: To ensure our use remains within reasonable bounds, we implement the following measures:

   For Visual Materials:

   • Screenshots are used sparingly and only where necessary to illustrate specific points in our reviews.
   • Images may be displayed at reduced resolution or with site attribution overlays.
   • We do not reproduce or archive multiple pages or extensive content from any single website.
   • All visual materials are used in the context of original editorial commentary and cannot be separated from our review content.

   For Textual Materials:

   • Any quoted text from third-party websites is clearly attributed to its source.
   • Quotations are kept brief and limited to what is necessary to support our commentary and analysis.
   • Quoted material is always accompanied by substantial original commentary, analysis, or criticism.
   • We do not reproduce entire “About Us” pages, terms of service, or other substantial textual content.
   • Where possible, we paraphrase factual information rather than directly quoting creative expression.

4. Legal Basis for Use: Our use of such materials is justified under principles of fair or reasonable use recognized in various jurisdictions. Under Taiwan Copyright Law (Articles 44-65), uses for purposes such as commentary, criticism, reporting, teaching, and research may constitute reasonable use. This is conceptually similar to the “Fair Use” doctrine in the United States and “Fair Dealing” in other jurisdictions.

   We specifically rely on the following Fair Use factors:

   a. Purpose and Character of Use (Transformative)

   • The materials are used for the transformative purposes of commentary, criticism, consumer information, news reporting, and identification.
   • Materials are not used for their original entertainment or promotional purposes but to provide context, critical analysis, and consumer guidance within our reviews.
   • Our use adds substantial new meaning and value through our editorial commentary, ratings, comparative analysis, and critical evaluation.
   • When we quote from third-party websites, the quoted material serves as the subject of our commentary, not as a substitute for the original.

   b. Nature of the Copyrighted Work

   • Favicons are functional identifiers, typically consisting of simple graphic elements.
   • Screenshots capture publicly accessible webpages that are already published and available to the public.
   • Much of the textual information we reference consists of factual claims or promotional material that is intended for public consumption and dissemination.
   • Our use relates primarily to factual information (the appearance, functionality, and claimed features of websites) rather than purely creative expression.

   c. Amount and Substantiality

   • The amount of copyrighted material used is minimal and strictly limited to what is necessary to identify the subject of the review and illustrate our commentary.
   • Visual Materials: Favicons are used in their entirety only because they are inherently small identification elements that cannot be further reduced. Screenshots are limited to what is necessary to demonstrate the user experience of the reviewed website.
   • Textual Materials: Quotations are brief excerpts, typically no more than one or two sentences at a time. We do not reproduce substantial portions of any textual work. Factual information (which is not copyrightable) is distinguished from creative expression.
   • We do not reproduce entire works, extensive image galleries, videos, complete textual works, or the substantive “heart” of any copyrighted content.

   d. Effect on the Market

   • Our use does not substitute for the original work and is not intended to harm the market value of the third-party content.
   • A review and directory service is not a market replacement for the adult entertainment websites being reviewed.
   • Our use serves a distinct purpose (consumer information and criticism) and does not compete with or diminish the market for the original works.
   • If anything, our reviews may increase traffic and market value for the reviewed websites by providing them with exposure and directing interested users to them.
   • Brief quotations of promotional material do not reduce the need for consumers to visit the original website; rather, they help consumers decide whether to visit.

5. Nominative Fair Use of Trademarks: All third-party trademarks, brand names, and logos are the property of their respective owners. Their appearance on our Site is protected under the doctrine of “Nominative Fair Use.” We use them solely to identify the products and services of their respective owners for the purpose of review and commentary. Such use is necessary because:

   • There is no other way to identify the website being reviewed without using its name, logo, or visual elements.
   • We use only as much of the trademark as is necessary for identification purposes.
   • Our use does not imply any affiliation with, sponsorship by, or endorsement by the trademark holders.

6. Distinction from Primary Content: This limited use of materials for review purposes is fundamentally different from hosting or distributing the primary, full-length content (such as videos, image galleries, or complete textual works) found on third-party sites. We do not host, stream, or distribute such primary content. We only display or quote minimal identifying elements necessary for our review function.

III. Procedure for Copyright Holders

For Visual Materials: For alleged infringement related to visual materials we host under our claim of Fair Use (e.g., a specific screenshot or favicon on our review page), please follow the complaint procedure outlined in Section IV below.

For Textual Materials: For alleged infringement related to brief quotations used in our reviews, please follow the complaint procedure outlined in Section IV below. Please note that factual information (such as update frequency or content volume) is not subject to copyright protection, and our use of such facts does not constitute infringement.

For Third-Party Primary Content: For alleged infringement related to the primary content (e.g., videos or complete textual works) on a third-party website that we link to, we have no ability to remove that content. The most effective course of action is to contact the administrator of the website that is actually hosting the content.

IV. How to Submit a Copyright Complaint to Us

If you believe that your copyrighted work has been used on our Site in a way that exceeds Fair Use or otherwise constitutes copyright infringement, you may submit a formal complaint notice to us.

For your complaint to be considered valid, it must be in writing, sent to our copyright contact via email, and include substantially all of the following information:

1. Identification of the Copyrighted Work: A clear identification of the copyrighted work you claim has been infringed, including registration information if applicable. If the work is textual, please provide the original source and specify whether it is creative expression or factual information.

2. Identification of the Material on Our Site: The specific URL(s) on xporndude.com and a precise description of the material on that page (e.g., “the homepage screenshot in the review section” or “the quoted text in paragraph 3”) you claim is infringing.

3. Your Contact Information: Your full name, mailing address, telephone number, and email address.

4. A Statement of Good Faith Belief: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (including a specific consideration of Fair Use principles and, if applicable, whether the material in question is factual information).

5. A Statement of Accuracy: A statement that the information in your notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Your Electronic or Physical Signature: The signature of the copyright owner or a person authorized to act on their behalf.

Important Notice: Before submitting a complaint, we strongly encourage copyright holders to consider whether the use qualifies as Fair Use, particularly in the context of brief quotations used for critical commentary and review. Please also consider whether the material in question constitutes unprotectable factual information. Submitting false or bad-faith infringement claims may result in legal liability.

Please send your complete copyright complaint notice to our copyright contact at: [email protected]

V. Our Procedure Upon Receiving a Valid Complaint

Upon receipt of a complaint that meets all of the requirements in Section IV, we will:

1. Promptly investigate the claim and review the specific material in question.
2. Conduct a good-faith analysis of whether our use constitutes Fair Use under applicable law.
3. Consider the specific circumstances, including:
   • Whether the material is factual information (not subject to copyright) or creative expression.
   • The nature of the copyrighted work and the amount used.
   • The purpose of our use and the extent of our transformative commentary.
   • The effect on the market for the original work.
4. If we determine in our reasonable judgment that the use of the material on our Site does not qualify as Fair Use and constitutes copyright infringement, we will remove or disable access to that specific material from our Site.
5. If we determine that our use is protected by Fair Use or that the material is not subject to copyright protection (e.g., factual information), we may choose to maintain the material while providing a detailed explanation to the complainant.

We reserve the right to seek legal counsel before making a determination on borderline cases.

VI. Repeat Infringers and Policy Abuse

1. Third-Party Sites: We reserve the right, at our sole discretion, to remove all links and references to a third-party website that is the subject of multiple, valid copyright complaints regarding its primary content.

2. Abuse of Complaint Process: We will not tolerate abuse of this policy. Any party who knowingly and materially misrepresents that material is infringing (when a reasonable person would recognize it as Fair Use or unprotectable factual information) may be subject to liability under applicable law. We reserve the right to seek damages, attorneys’ fees, and other relief from any party that submits a fraudulent or bad-faith copyright complaint.

VII. Legal Disclaimer

The information provided on this page is for informational purposes only and does not constitute legal advice. Copyright law, including the doctrine of Fair Use and the distinction between copyrightable creative expression and unprotectable facts, involves complex legal analysis that depends on specific facts and circumstances. You should consult with a qualified legal professional for advice regarding your specific copyright issues, including the application of Fair Use principles to particular situations.