Copyright and DMCA Policy

Clairitea respects the intellectual property rights of others and expects its users to do the same. This policy explains how we respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"), how users can respond, and how we deal with repeat infringers. It is part of our Terms of Service.

1Before you send a notice

This process is only for copyright: a claim that someone copied a work you own, such as a photo you took, without permission. It is not the right process for other complaints about a post:

• If a post about you is false, is about the wrong person, shares private information or is harassment, use the "A post about you?" form on clairitea.com or email safety@clairitea.com (see the Safety Center). This is usually the faster route.
• If a post shows an intimate image of you, use the 48-hour removal process in the Safety Center.
• Being the person in a photo does not by itself make you the copyright owner. The copyright in a photo usually belongs to the person who took it.

Before you send a notice, consider whether the use may be a fair use under 17 U.S.C. § 107, for example a photo used to identify the person a first-hand account is about. Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees.

2How to send a DMCA notice

Send a written notice to our designated agent (Section 5). To be effective, it must include:

1. a physical or electronic signature of the copyright owner or of a person authorized to act for the owner;
2. identification of the copyrighted work claimed to be infringed (or, if several works are covered by one notice, a representative list);
3. identification of the material claimed to be infringing and information reasonably sufficient for us to locate it, such as the link to the page and a description of the post, photo or screenshot;
4. your name, mailing address, telephone number and email address;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf.

We may ignore a notice that does not substantially meet these requirements, or tell you what is missing.

3What we do with a notice

When we receive a valid notice, we remove or disable access to the material expeditiously and notify the user who posted it. We give that user a copy of the notice, which may include your name and contact details, so that they can respond. We keep a record of every notice and what we did about it.

A notice that is really a complaint about what a post says, rather than about copying, will be handled under our House Rules instead. We do not use the copyright process to remove a post's words because someone disagrees with them. If only a photo or screenshot infringes, we remove that item and leave the rest of the post up.

4How to send a counter-notice

If your material was removed because of a DMCA notice and you believe it was removed by mistake or misidentification, you can send a counter-notice to our designated agent. It must include:

1. your physical or electronic signature;
2. identification of the material that was removed and where it appeared before it was removed;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
4. your name, address and telephone number, 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 your address is outside the United States, any judicial district in which Clairitea may be found), and that you will accept service of process from the person who sent the notice or their agent.

Sending a counter-notice reveals your identity to the person who sent the notice, because we must forward it to them. Think about this before you send one. Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material was removed by mistake may be liable for damages.

When we receive a valid counter-notice, we send a copy to the person who sent the original notice and tell them that we will restore the material in 10 business days. We restore it no less than 10 and no more than 14 business days after we receive the counter-notice, unless our designated agent first receives notice that the person has filed a court action seeking to stop the user from engaging in the infringing activity.

5Our designated agent

Send notices and counter-notices to:

• Designated agent: [FOUNDER: DMCA agent name or title], [FOUNDER: company legal name]
• Mailing address: [FOUNDER: DMCA agent mailing address]
• Email: legal@clairitea.com (subject line "DMCA notice" or "DMCA counter-notice")
• Phone: [FOUNDER: DMCA agent phone]

Our agent is registered with the U.S. Copyright Office's DMCA Designated Agent Directory under registration number [FOUNDER: DMCA registration number]. Use these subject lines only for copyright notices and counter-notices. For a post about you, use the Safety Center process instead.

6Repeat infringers

We close the accounts of users who repeatedly infringe copyright, in appropriate circumstances.

• Each valid DMCA notice that leads us to remove a user's material counts as one copyright strike against their account.
• A strike is withdrawn if the user sends a valid counter-notice and the material is restored, or if the notice is withdrawn.
• An account that receives three copyright strikes is closed permanently. We may close an account sooner if it was clearly created or used to infringe.
• A user whose account is closed under this policy may not create a new account.

7Other intellectual property

If you believe content on Clairitea infringes your trademark or another intellectual property right, email legal@clairitea.com with the details of your right and the content concerned. We review these complaints under our Terms of Service and House Rules.