DMCA & Intellectual Property Policy

v2.0

Effective Date: [EFFECTIVE DATE] Last Updated: [LAST UPDATED] Version: 2.0

KidStarter respects intellectual property rights and responds to notices of alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA), the EU Digital Services Act (DSA), and applicable intellectual property laws worldwide.

1. DMCA Takedown Notice (US)

If you believe content on KidStarter infringes your copyright, you may submit a DMCA takedown notice to our designated agent:

Designated DMCA Agent: Name: [DMCA AGENT NAME] Email: [DMCA EMAIL] Mailing Address: [DMCA AGENT ADDRESS]

Your notice must include:

Identification of the copyrighted work you claim has been infringed (or, if multiple works, a representative list).
Identification of the material you claim is infringing, including the specific URL(s) where it appears on the Service.
Your contact information (name, address, telephone number, email address).
A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Your physical or electronic signature.

2. Response to DMCA Notice

Upon receipt of a valid DMCA notice, KidStarter will:

2.1. Promptly remove or disable access to the allegedly infringing material.

2.2. Notify the content uploader (the "Affected User") that the material has been removed and provide a copy of the notice (with the reporter's personal information redacted where appropriate).

2.3. Retain a record of the notice and action taken.

3. Counter-Notice

If you are the Affected User and believe the material was removed in error or that you have authorization to use the material, you may submit a counter-notice to [DMCA EMAIL] including:

Identification of the material that was removed and the URL where 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 name, address, and telephone number.
A statement that you consent to the jurisdiction of the federal court in [JUDICIAL DISTRICT] and that you will accept service of process from the person who provided the original DMCA notice (or their agent).
Your physical or electronic signature.

Upon receipt of a valid counter-notice, KidStarter will:

Forward the counter-notice to the original complainant;
Restore the material within 10–14 business days unless the original complainant files a court action seeking a restraining order.

4. Repeat Infringer Policy

4.1. KidStarter maintains a repeat infringer policy. Users who are the subject of multiple valid DMCA notices or IP complaints may have their accounts terminated.

4.2. The determination of "repeat infringer" is at KidStarter's sole discretion, taking into account the number and nature of complaints, whether counter-notices were filed and upheld, and the overall pattern of behavior.

4.3. KidStarter reserves the right to terminate accounts of repeat infringers at any time, with or without notice.

5. EU/EEA — Digital Services Act (DSA) Notice-and-Action

5.1. For Users in the EU/EEA, KidStarter provides a notice-and-action mechanism compliant with the Digital Services Act (Regulation (EU) 2022/2065).

5.2. If you believe content on the Service infringes your intellectual property rights or violates EU law, you may submit a notice through [DMCA EMAIL] or the in-app reporting mechanism, including:

Sufficient explanation of why the content is illegal or infringing;
The specific URL(s) of the content;
Your contact information;
A statement of good faith.

5.3. KidStarter will review the notice, take appropriate action (which may include removal, restriction, or leaving the content in place), and provide a reasoned decision to both the reporter and the content provider.

5.4. Content providers may appeal through KidStarter's internal complaint-handling system (see Community Guidelines Section 10). Where applicable, out-of-court dispute settlement bodies certified under the DSA may also be used.

6. UK — Intellectual Property Complaints

6.1. Copyright holders in the UK may submit takedown requests under the Copyright, Designs and Patents Act 1988 using the same process described in Section 1 above, adapted as appropriate for UK law.

6.2. KidStarter will respond to valid UK IP complaints promptly and in accordance with applicable law.

7. Canada — Copyright Act

7.1. Copyright holders in Canada may submit infringement notices under Canada's Notice and Notice Regime (Copyright Modernization Act) to [DMCA EMAIL].

7.2. KidStarter will forward valid notices to the relevant User and retain records as required by Canadian law.

8. Trademark Complaints

8.1. If you believe content on the Service infringes your trademark, contact [DMCA EMAIL] with:

Identification of the trademark (including registration number, if applicable);
The content you claim is infringing (with URLs);
An explanation of how the content infringes your trademark;
Your contact information and authorization.

8.2. KidStarter will review trademark complaints and take action where appropriate.

9. Good Faith and Misrepresentation

9.1. Submitting false or misleading DMCA notices or counter-notices may result in liability under 17 U.S.C. § 512(f) and/or equivalent provisions in other jurisdictions.

9.2. KidStarter reserves the right to seek damages from any party that submits a materially false notice.

10. Contact

DMCA/IP Complaints: [DMCA EMAIL] General Support: [SUPPORT EMAIL]