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DMCA Takedown Policy

We will respond to valid requests under the Digital Millennium Copyright Act ("DMCA"), and we reserve the right to remove user content on our platform that we believe infringes upon the copyrights of others. If you discover user content on our platform that violates your copyright, you can submit a properly formatted DMCA request (as outlined in 17 U.S.C. § 512) to us. Please note that making false claims of infringement may result in legal consequences, including monetary damages. It is advisable to consult with a lawyer before taking any action under the DMCA. You can send a DMCA request to us using the contact information provided below or by completing the form on this page.

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Copyright Agent

Earth & Dusk

kieranxsomer@gmail.com

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DMCA notice requirements

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You must include:

  1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

  2. Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;

  3. The URL or Internet location of the materials claimed to be infringing or to be the subject of infringing activity, or information reasonably sufficient to permit us to locate the material;

  4. Your name, address, telephone number, and email address;

  5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and

  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

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Submissions under this DMCA Policy should be sent to the form below or kieranxsomer@gmail.com

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We will review your submission and take whatever action we deem appropriate under the DMCA, including the removal of the challenged content from the website.

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DMCA Counter Notice requirements

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The owner of the allegedly-infringing content may submit a DMCA Counter-Notice to kieranxsomer@gmail.com or by completing our DMCA Counter Notice Form (located AFTER the DMCA takedown form). The Counter-Notice must comply with the requirements of the DMCA, and must include the following:

  1. Your physical or electronic signature;

  2. Identification of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;

  3. A statement by you, 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; and

  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 the address is located, or if your address is outside of the United States, for any judicial district in which Civitai may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.

We will review the counter-notice, and:

  • if the counter-notice doesn't satisfy the DMCA requirements, we'll request a revised submission; or

  • if the counter-notice is complete and valid, we'll forward the counter notice to the person who filed the original takedown notice, advising that the challenged content will be reinstated within 10-14 business days, unless we receive a notification that the copyright owner is seeking a court order regarding this matter

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It is Earth & Dusk's policy to close the accounts of users we identify as repeat infringers. We apply this policy at our discretion and in appropriate circumstances, such as when a user has repeatedly been charged with infringing the copyrights or other intellectual property rights of others.

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