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DMCA Notice & Takedown Policy

Last Updated: January 2, 2025

PIXEL REEF RESPECTS INTELLECTUAL PROPERTY RIGHTS AND COMPLIES WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA).

Pixel Reef, LLC ("Pixel Reef," "we," "us," or "our") respects the intellectual property rights of others and expects our users to do the same. This Digital Millennium Copyright Act ("DMCA") Notice & Takedown Policy explains how to submit a copyright infringement notice and how we respond to such notices in accordance with the DMCA and other applicable laws.

This policy applies to SetWar and all related services provided by Pixel Reef. We are committed to protecting intellectual property rights while maintaining a fair process for all parties involved.

1. Overview of the DMCA

The Digital Millennium Copyright Act of 1998 provides a legal framework for addressing copyright infringement on digital platforms. Under the DMCA, copyright holders can request removal of infringing content by submitting a proper takedown notice. Content creators can respond with a counter-notification if they believe their content was removed in error.

As a service provider, Pixel Reef qualifies for certain "safe harbor" protections under the DMCA when we comply with the law's requirements, including promptly responding to valid takedown notices and implementing a policy for terminating repeat infringers.

2. Designated DMCA Agent

We have designated the following agent to receive notifications of claimed copyright infringement:

DMCA Designated Agent
Pixel Reef, LLC
Website: pixelreef.org
Email: dmca@pixelreef.org
Subject Line: "DMCA Takedown Notice"

Important: DMCA notices should only be sent to the designated agent listed above. Notices sent to other email addresses or contact methods may not be processed in a timely manner.

3. Filing a DMCA Takedown Notice

3.1 Required Information

To file a valid DMCA takedown notice, you must provide a written communication that includes all of the following information:

  1. Identification of the copyrighted work: A description of the copyrighted work that you claim has been infringed, including the title, author, and any registration information if available. If multiple copyrighted works are involved, provide a representative list.
  2. Identification of the infringing material: A description of the material that you claim is infringing and information reasonably sufficient to permit us to locate the material. This should include specific URLs, user account names, or other identifying information.
  3. Your contact information: Your name, mailing address, telephone number, and email address.
  4. 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.
  5. Accuracy statement: 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.
  6. Signature: Your physical or electronic signature (typing your full name is acceptable as an electronic signature).

3.2 Additional Requirements

  • The notice must be written in English or include an English translation
  • You must be the copyright owner or authorized to act on behalf of the copyright owner
  • The notice must be sent from the email address provided in your contact information
  • Include "DMCA Takedown Notice" in the subject line

3.3 Consequences of False Claims

Warning: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages, including costs and attorneys' fees. Do not make false claims.

4. Our Response to Valid Takedown Notices

4.1 Processing Timeline

Upon receipt of a valid DMCA takedown notice, we will:

  1. Acknowledge receipt within 2 business days
  2. Review the notice for completeness and validity
  3. Remove or disable access to the allegedly infringing material expeditiously (typically within 24-48 hours)
  4. Notify the user who posted the material that it has been removed or disabled
  5. Provide the user with a copy of the takedown notice (with personal information redacted as appropriate)

4.2 Incomplete Notices

If a takedown notice is incomplete or does not meet DMCA requirements, we may:

  • Request additional information needed to complete the notice
  • Provide guidance on DMCA requirements
  • Allow a reasonable time for you to supplement the notice

4.3 Invalid or Abusive Notices

We reserve the right to reject notices that are:

  • Clearly invalid or not made in good faith
  • Abusive or harassing in nature
  • Not related to copyright infringement
  • Targeting content that clearly falls under fair use or other legal exceptions

5. Filing a DMCA Counter-Notification

5.1 When to File a Counter-Notification

If you believe your content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification. Valid reasons for counter-notifications include:

  • You have authorization from the copyright owner to use the material
  • Your use of the material falls under fair use or another legal exception
  • You own the copyright to the material
  • The material was misidentified or the takedown notice was invalid

5.2 Required Information for Counter-Notifications

A valid counter-notification must include:

  1. Your contact information: Your name, address, phone number, and email address
  2. Identification of material: Identification of the material that has been removed or disabled and the location where the material appeared before removal
  3. Good faith statement: 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. 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 Orange County, Florida if your address is outside the United States)
  5. Service of process: A statement that you will accept service of process from the person who provided the original takedown notice or an agent of that person
  6. Signature: Your physical or electronic signature

5.3 Counter-Notification Process

After receiving a valid counter-notification:

  1. We will promptly provide a copy to the original complainant
  2. We will inform the complainant that we will restore the material in 10-14 business days
  3. We will restore the material unless the complainant files a court action seeking a restraining order

6. Repeat Infringer Policy

6.1 Account Termination

In accordance with the DMCA and our Terms of Service, we have adopted a policy of terminating user accounts that are determined to be repeat infringers in appropriate circumstances. We consider the following factors:

  • The number of DMCA takedown notices received regarding a user's content
  • The user's response to takedown notices
  • Whether the user has filed counter-notifications that were accepted
  • The nature and severity of the alleged infringement
  • Other relevant circumstances

6.2 Warning System

We may implement a warning system before terminating accounts:

  • First Notice: Warning and educational materials about copyright
  • Second Notice: Temporary account restrictions
  • Third Notice: Account termination consideration

However, we reserve the right to terminate accounts immediately for severe or willful infringement.

7. Limitations and Disclaimers

7.1 No Obligation to Monitor

We have no obligation to monitor content posted by users or to seek facts or circumstances indicating infringing activity. We rely on copyright holders to identify and report infringing content.

7.2 No Legal Advice

This policy is for informational purposes only and does not constitute legal advice. If you need legal advice regarding copyright issues, please consult with a qualified attorney.

7.3 International Considerations

While this policy is based on U.S. copyright law and the DMCA, we may consider takedown requests based on other applicable laws. However, we are not obligated to remove content that is legal under U.S. law.

8. AI-Generated Content Considerations

Given that SetWar provides AI-generated content, please note:

  • User Prompts: Users retain ownership of their original prompts and inputs, but these may not be subject to copyright protection if they lack sufficient originality
  • AI Output: The copyright status of AI-generated content may be complex and evolving. Users should not assume AI-generated content is automatically protected by copyright
  • Training Data: Our AI models are trained on lawfully obtained data, but we cannot guarantee that AI output will never resemble existing copyrighted works
  • Fair Use: Some AI-generated content may constitute fair use of existing works, particularly for transformative purposes like game content creation

9. Contact Information

For DMCA-related inquiries, please contact our designated agent:

DMCA Designated Agent
Pixel Reef, LLC
Website: pixelreef.org
Email: dmca@pixelreef.org
Legal Department: legal@pixelreef.org

For general questions about this policy or copyright issues, you may contact legal@pixelreef.org.

Last Updated: January 2, 2025