darkmes respects the intellectual property rights of others and expects users to do the same. This policy describes how we handle claims of copyright infringement on the Service.
Submitting a DMCA Takedown Notice
If you believe that material on darkmes infringes a copyright you own or control, you may submit a written notice under the Digital Millennium Copyright Act (17 U.S.C. § 512). To be valid, the notice must include all of the following:
- Identification of the copyrighted work claimed to have been infringed. If multiple works are covered by a single notice, provide a representative list.
- Identification of the material on the Service that you allege is infringing. Provide the URL(s) of the specific page(s) (e.g.,
https://darkmes.com/character/abc123) and a description sufficient to allow us to locate the material. - Your contact information: full legal name, mailing address, telephone number, and email address.
- 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.
- 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 behalf of the owner.
- Your physical or electronic signature (typed full name is acceptable for electronic signatures).
Send the notice to:
Email: night@darkmes.com
Subject line: DMCA Takedown Notice
We will typically act on valid notices within 72 hours.
Note on Safe Harbor status: the DMCA Safe Harbor provisions of 17 U.S.C. § 512(c) generally require service providers to designate a registered agent with the U.S. Copyright Office. darkmes is in the process of completing this designation. Until completed, we voluntarily process DMCA-style notices using the above procedure but make no representation about Safe Harbor protection.
Counter-Notice
If you believe material was removed from the Service by mistake or misidentification, you may submit a counter-notice. To be valid, it must include:
- 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 as a result of mistake or misidentification.
- Your contact information: name, address, telephone number, email.
- A statement that you consent to the jurisdiction of the federal court for the judicial district where you reside (or, if you reside outside the United States, the federal court for any judicial district where the Service may be sued), and that you will accept service of process from the person who provided the original DMCA notice.
- Your physical or electronic signature.
Send to the same email above with subject DMCA Counter-Notice.
If we receive a valid counter-notice, we will forward it to the original complainant. The complainant then has 10-14 business days to file suit. If they do not, we may restore the material.
Other Takedown Requests
For removal requests not based on copyright — e.g., trademark, privacy violations, defamation, right-of-publicity, depictions of real persons you object to, voluntary removal of your likeness — use the same process, with subject Takedown Request: [reason]. Provide:
- Identification of the material (URL)
- Description of the issue
- Your contact information
- Statement of your relationship to the alleged-infringed right
- Signature
We will review such requests on a case-by-case basis. Particularly for depictions of real persons without their consent, we apply a low threshold for removal: a clear request from the depicted person (with reasonable identity proof) will typically result in removal within 24 hours.
Repeat Infringers
In accordance with the DMCA and our Terms of Service, we will, in appropriate circumstances, terminate the accounts of users who are repeat infringers.
Misuse of This Process
Knowingly submitting a false DMCA notice or counter-notice may result in liability for damages, including costs and attorneys' fees, under 17 U.S.C. § 512(f). Do not submit a notice unless you have a good-faith basis for the claim.
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