DMCA & Copyright Policy

1. INTELLECTUAL PROPERTY COMMITMENT

Dyva, Inc. ("Dyva+," "we," "us") respects intellectual property. We expect the same from users. Full DMCA compliance (17 U.S.C. 512). Valid infringement notices get prompt action.

Proper notice received, material comes down. Repeat infringers get terminated.

Covers all content on Dyva+ -- character configs, descriptions, images, Marketplace listings, user-generated content.

2. DESIGNATED AGENT

Per 17 U.S.C. 512(c)(2), send all DMCA notices and counter-notifications to:

On file with the U.S. Copyright Office. Note: under 17 U.S.C. 512(f), knowingly misrepresenting infringement may result in liability for damages.

3. FILING A DMCA TAKEDOWN NOTICE

If you are a copyright owner (or authorized to act on one's behalf) and believe content on Dyva+ infringes your copyright, send a written notice to our Designated Agent under 17 U.S.C. 512(c)(3). Your notice must include:

• Identification of the copyrighted work. Describe the copyrighted work you claim was infringed. If multiple works are involved, you may provide a representative list.
• Identification of the infringing material. Identify the material you want removed with enough detail for us to find it. URLs are the most effective way to point us to specific content.
• Contact information. Your name, mailing address, phone number, and email so we can follow up and, if needed, forward your contact details to the content poster.
• Good faith statement. A statement that you believe in good faith that the use of the material is not authorized by the copyright owner, their agent, or the law.
• Accuracy statement under penalty of perjury. A statement that your notice is accurate and, under penalty of perjury, that you are authorized to act for the copyright owner.
• Signature. A physical or electronic signature (a typed full legal name counts) of the copyright owner or their authorized agent.

Incomplete notices may not receive a response -- we may ask for more information before processing. Once we receive a valid takedown notice, we will promptly remove or disable access to the material and make reasonable efforts to notify the content poster.

4. COUNTER-NOTIFICATION PROCEDURE

If your content was removed by mistake or misidentification, you may file a counter-notification with our Designated Agent under 17 U.S.C. 512(g)(3). Your counter-notification must include:

• Identification of the removed material. Identify what was removed and where it originally appeared. URLs or character/listing identifiers work best.
• Statement under penalty of perjury. A statement, under penalty of perjury, that you believe in good faith that the material was removed by mistake or misidentification.
• Consent to jurisdiction. A statement consenting to the jurisdiction of the Federal District Court where you live (or, if outside the US, any district where Dyva+ is located), and agreeing to accept service of process from the original complainant.
• Signature. Your physical or electronic signature (a typed full legal name counts).

Once we receive a valid counter-notification, we will forward it to the original complainant. If they do not file a court action within 10 business days, we will restore your content within 10-14 business days, per 17 U.S.C. 512(g)(2)(B)-(C).

Filing a counter-notification may lead to legal proceedings between you and the complainant. Consult an attorney if you are unsure whether your content was removed by mistake.

5. REPEAT INFRINGER POLICY

Under 17 U.S.C. 512(i), Dyva+ terminates repeat infringers when appropriate. Here is how our strike system works:

• First strike. The infringing material is removed and you receive a formal warning with details of the infringement and consequences of further violations.
• Second strike. The material is removed, you receive another warning, and Dyva+ may suspend your ability to upload content or publish Marketplace listings for up to 30 days.
• Third strike. Your account is permanently terminated and all access is revoked. All Marketplace listings are removed and pending revenue share payments may be forfeited.

Dyva+ may terminate any account immediately for egregious infringement, even on a first offense. Strikes successfully resolved through the counter-notification process (where the complainant did not pursue court action) do not count toward this policy.

6. MISREPRESENTATION WARNING

Under 17 U.S.C. 512(f), anyone who knowingly misrepresents that material is infringing (or that it was removed by mistake) may be liable for damages, including attorney's fees.

Before filing a takedown notice, consider whether the use qualifies as fair use under 17 U.S.C. 107. Before filing a counter-notification, consider whether the content is genuinely non-infringing. We strongly recommend consulting an attorney before submitting either.

7. LIMITATION

This policy covers only copyright claims under the DMCA (17 U.S.C. 512). It does not cover trademarks, trade secrets, patents, or other IP rights.

For non-copyright IP concerns, contact us at [email protected] with a detailed description of your claim. We review all good-faith IP claims and take appropriate action under applicable law and our Terms of Service.