DMCA POLICY
Digital Millennium Copyright Act
If You believe that materials or content available on any DW LLC, website infringes any copyright You own, You or Your agent may send DW LLC, a notice requesting that DW LLC, remove the materials or content from the DW LLC, website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send DW LLC, a counter-notice. Notices and counter-notices should be sent to DW LLC, Attention Legal Department, at 9900 Spectrum Dr, Austin, TX 78717,, or by e-mail to support[a]dontewalker.com.
 
1.1
When a person creates an original work that is fixed in a physical medium, that person automatically owns copyright to the work. Copyright ownership gives the owner the exclusive right to use the work in certain, specific ways. Many types of works are eligible for copyright protection, including audiovisual words, sound recordings and musical compositions, written works, visual works, video games and computer software, and dramatic works.

1.2
In some circumstances, it is possible to use a copyrighted work without infringing the owner’s copyright. For example, in the United States, copyrights are limited by the doctrine of “fair use,” which permits certain uses of copyrighted material, such as parody, satire, and social commentary.


1.4
It is DW LLC policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, and other applicable laws. DW LLC response may include removing or disabling access to a design claimed to be infringing. If DW LLC removes or disables access in response to such a notice, DW LLC will make a good-faith attempt to contact the independent artist who submitted the design to DW LLC so that the artist may make a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA.

1.5
Please refer to the following detailed instructions which must be followed to protect your rights under the DMCA.

2.
Instructions for Copyright Owners

2.1
DW LLC will only respond to notifications that contain the following:

2.1.1
A description of the design that is claimed to be infringing and its URL on the DW LLC owned website.

2.1.2
A complete description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works and descriptions thereof. The description should identify all related copyright registration numbers.

2.1.3
A statement providing the basis for the complaint.

2.1.4
The following contact information

2.1.4.1
The complaining party’s full legal name

2.1.4.2
The authorized agent’s full legal name (if applicable)

2.1.4.3
A postal address for contacting the complaining party

2.1.4.4
An e-mail address for contacting the complaining party

2.1.4.5
A phone number for contacting the complaining party

2.1.5
The following statements

2.1.5.1
“I 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.”

2.1.5.2
“This notification is accurate.”

2.1.5.3
“UNDER PENALTY OF PERJURY, I am the owner of an exclusive right that is allegedly infringed” or, if an authorized agent is submitting the notification, “UNDER PENALTY OF PERJURY, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

2.1.5.4
“I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.”

2.1.6
A physical or electronic signature of the complaining party or the authorized agent thereof.

2.1.7
Your authority for submitting the notification (e.g., copyright owner, authorized agent of copyright owner)

2.2
 Notices and counter-notices should be sent to DW LLC, Attention Legal Department, at 9900 Spectrum Dr, Austin, TX 78717,, or by e-mail to support[a]dontewalker.com.

2.3
Upon receipt of a complete notification, DW LLC will remove or disable access to the design that is claimed to be infringing from the website. The independent artist who submitted the design will be forwarded a copy of the notification and will be alerted that access to the design has been removed or disabled.

3. Instructions for Independent Artists

3.1
Any complaining party or authorized agent thereof following the procedures in Section 2 above can require DW LLC to remove or disable access to copyrighted content. When DW LLC receives a proper notification from a complaining party or authorized agent thereof, DW LLC will immediately comply. This is a legal requirement; you will not receive advance warning and you will not be given an opportunity to “fix it” first.
3.2
If you are found to repeatedly submit infringing designs, your account will be suspended. Serious offenders will have their account deactivated and will be permanently banned from submitting designs. DW LLC considers “three strikes” as an indication of being a serious offender. In addition, if you are found deliberately misrepresenting the copyrighted work of another as your own, your account will be immediately deactivated and you will be permanently banned from submitting designs.

3.3
If you are found to repeatedly submit infringing designs, your account will be suspended. Serious offenders will have their account deactivated and will be permanently banned from submitting designs. DW LLC considers “three strikes” as an indication of being a serious offender. In addition, if you are found deliberately misrepresenting the copyrighted work of another as your own, your account will be immediately deactivated and you will be permanently banned from submitting designs.

3.4
DW LLC will only respond to counter-notifications that contain the following:

3.4.1
A description of the design that is claimed to be infringing and its URL at the DW LLC website before access to the design was removed or disabled.

3.4.2
A statement why the claim of copyright infringement should be rejected.

3.4.3
The following contact information

3.4.3.1
The responding party’s full legal name.

3.4.3.2
The authorized agent’s full legal name (if applicable).

3.4.3.3
A postal address for contacting the responding party.

3.4.3.4
An e-mail address for contacting the responding party.

3.4.3.5
A phone number for contacting the responding party.

3.4.4
The following statements

3.4.4.1
“UNDER PENALTY OF PERJURY, I 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.”

3.4.4.2
“UNDER PENALTY OF PERJURY, I 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.”

3.4.4.3
“I will accept service of process from the person who provided notification under Section 512(c)(1)(C) of the DMCA or the agent of such person.”

3.4.4.4
“I acknowledge that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.”

3.4.5
A physical or electronic signature of the responding party or authorized agent thereof.

3.4.6
Your authority for submitting the counter-notification (e.g., independent artist who submitted the design, authorized agent of independent artist who submitted the design)

3.6
If DW LLC receives your counter-notification, but your design does not comply with the DW LLC Artist’s Agreement and/or the Terms of Use, DW LLC may inform you that DW LLC is not be able to reinstate your work. DW LLC may also request further information from you in order to determine whether the work can be reinstated.

3.7
In many circumstances, DW LLC will forward your counter-notification (including the contact information in Section 3.4.3) to the complaining party or authorized agent thereof. At that time the complaining party may take legal action against you in Federal District Court. If after 14 days the complaining party has not taken legal action against you, you may contact DW LLC to request that DW LLC reinstate your work. If your work otherwise complies with DW LLC Artist’s Agreement and/or the DW LLC Terms of Use,DW LLC may reinstate your work at that time.


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