DMCA & Copyright Policy
1. COMMITMENT TO INTELLECTUAL PROPERTY RIGHTS
REPLR, Inc. ("REPLR," "we," "us," or "our") respects the intellectual property rights of others and expects all users of our platform to do the same. We comply with the provisions of the Digital Millennium Copyright Act of 1998 ("DMCA"), codified at 17 U.S.C. § 512, and respond promptly to notices of alleged copyright infringement that comply with the DMCA and applicable regulations.
It is our policy to respond to clear notices of alleged copyright infringement, to remove or disable access to material that is claimed to be infringing or claimed to be the subject of infringing activity, and to terminate the accounts of users who are repeat infringers in appropriate circumstances.
This policy applies to all content hosted on or transmitted through the REPLR platform, including AI character configurations, character descriptions, character images and avatars, Marketplace listings, user-generated content, and any other material accessible through our Service.
2. DESIGNATED AGENT
In accordance with 17 U.S.C. § 512(c)(2), REPLR has designated an agent to receive notifications of claimed copyright infringement. All DMCA notices and counter-notifications should be sent to:
DMCA Designated Agent
REPLR, Inc.
Email: legal@replr.ai
Subject line: DMCA Notice (or DMCA Counter-Notification)
Our designated agent information has been filed with the U.S. Copyright Office as required by 17 U.S.C. § 512(c)(2). Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
3. FILING A DMCA TAKEDOWN NOTICE
If you are a copyright owner or authorized to act on behalf of a copyright owner and believe that content available on the REPLR platform infringes your copyright, you may submit a written notification pursuant to 17 U.S.C. § 512(c)(3) to our Designated Agent. Your notification must include all of the following elements to be effective:
- Identification of the copyrighted work. A description of the copyrighted work that you claim has been infringed. If multiple copyrighted works at a single online site are covered by a single notification, you may provide a representative list of such works.
- Identification of the infringing material. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit REPLR to locate the material. Providing URLs in the body of the notification is the most effective way to help us locate the content.
- Contact information. Your name, mailing address, telephone number, and email address, so that we may contact you regarding your notification and, if applicable, forward your contact information to the party that posted the allegedly infringing content.
- Good faith statement. 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.
- Statement of accuracy under penalty of perjury. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Signature. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. An electronic signature may consist of a typed full legal name.
Please note that notifications that do not substantially comply with all of these requirements may not receive a response. We may request additional information before processing an incomplete notification. Upon receipt of a valid DMCA takedown notice, we will act expeditiously to remove or disable access to the allegedly infringing material and will make reasonable efforts to notify the user who posted the content.
4. COUNTER-NOTIFICATION PROCEDURE
If you believe that material you posted on the REPLR platform was removed or access to it was disabled as a result of a mistake or misidentification, you may submit a counter-notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(3). Your counter-notification must include all of the following elements:
- Identification of the removed material. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled. Providing URLs or specific character/listing identifiers is the most effective way to identify the content.
- Statement under penalty of perjury. 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 of the material to be removed or disabled.
- Consent to jurisdiction. 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, for any judicial district in which REPLR may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
- Signature. Your physical or electronic signature. An electronic signature may consist of a typed full legal name.
Upon receipt of a valid counter-notification, we will promptly forward a copy to the party who submitted the original DMCA notice. If the original complaining party does not file a court action seeking a restraining order against the user who submitted the counter-notification within ten (10) business days after we forward the counter-notification, we will restore the removed material or re-enable access to it within ten (10) to fourteen (14) business days after receipt of the counter-notification, in compliance with 17 U.S.C. § 512(g)(2)(B)-(C).
Please be advised that filing a counter-notification may lead to legal proceedings between you and the complaining party. Be sure to consult with an attorney if you are uncertain whether your material was removed by mistake or misidentification.
5. REPEAT INFRINGER POLICY
In accordance with 17 U.S.C. § 512(i), REPLR has adopted and reasonably implements a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers. Our repeat infringer policy operates as follows:
- First strike. Upon the first valid DMCA notification against a user's account, the infringing material will be removed and the user will receive a formal warning notice describing the infringement and the consequences of further violations.
- Second strike. Upon a second valid DMCA notification against the same user's account, the infringing material will be removed, the user will receive an additional warning, and REPLR may, at its discretion, temporarily suspend the user's ability to upload new content or publish Marketplace listings for a period of up to thirty (30) days.
- Third strike. Upon a third valid DMCA notification against the same user's account, REPLR will permanently terminate the user's account and revoke all access to the Service. All of the user's Marketplace listings will be removed and any pending revenue share payments may be forfeited.
REPLR reserves the right to terminate any user's account at any time for egregious copyright infringement, even on a first offense, and regardless of whether a counter-notification is subsequently filed. Strikes that have been successfully resolved through the counter-notification process (where the original complaining party did not pursue court action) will not count toward the repeat infringer policy.
6. MISREPRESENTATION WARNING
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorney's fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by REPLR itself.
Before filing a DMCA takedown notice, you should carefully consider whether the use of the copyrighted material at issue constitutes fair use under 17 U.S.C. § 107 or is otherwise authorized by law. Before filing a counter-notification, you should carefully consider whether the material at issue is genuinely non-infringing or was removed by mistake. We strongly recommend consulting with a qualified attorney before submitting either a DMCA notice or counter-notification.
7. LIMITATION
This policy addresses copyright infringement claims exclusively under the Digital Millennium Copyright Act (17 U.S.C. § 512). It does not cover claims related to other forms of intellectual property, including but not limited to trademarks, trade secrets, patents, rights of publicity, or other proprietary rights.
If you have a non-copyright intellectual property concern, or if you believe your rights have been violated in a manner not covered by the DMCA, please contact us at legal@replr.ai with a detailed description of your claim. We will review all good-faith intellectual property claims and take appropriate action in accordance with applicable law and our Terms of Service.
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