Copyright & DMCA Policy

1. Overview

1.1 TheMeanOne Developments, which operates Oddshelf, respects intellectual property rights and expects users to do the same. This policy explains how we respond to claims of copyright infringement under the US Digital Millennium Copyright Act (17 U.S.C. § 512, the "DMCA"), and how anyone can report illegal content under the EU Digital Services Act (Regulation (EU) 2022/2065, the "DSA").

1.2 This policy is part of the Terms of Service. Creators are also bound by the warranties in the Creator Agreement.

1.3 Before you file. Consider whether the use may be licensed (many assets are released under CC0 or CC BY), covered by fair use or another exception, or not copyrightable (for example a general game mechanic or idea). Filing a knowingly false notice can make you liable for damages under 17 U.S.C. § 512(f).

2. Designated copyright agent

Our agent's details are registered with the US Copyright Office's DMCA Designated Agent Directory [registration number to be added]. Email is the fastest way to reach us. Notices about matters other than copyright sent to this address will not receive a response; please use [email protected] or [email protected].

3. How to send a copyright notice (DMCA takedown)

Your notice must be in writing and include:

1. your physical or electronic signature (typing your full legal name is acceptable), as the copyright owner or a person authorised to act for them;
2. identification of the copyrighted work you say is infringed (or, for multiple works, a representative list), ideally with a link to where the original can be seen;
3. identification of the material on Oddshelf you say is infringing, with enough detail for us to find it: the Listing URL, and where relevant the specific file name, image, comment or forum post;
4. your contact information: name, postal address, telephone number and email address;
5. a statement that you have a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law; and
6. a statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or authorised to act on the owner's behalf.

3.1 Where to send it: [email protected], or by post to the address in section 2.

3.2 Incomplete notices. If a notice is missing required information, we may ask you to complete it before acting.

3.3 Sharing the notice. We send a copy of the notice (including your name and the details of the complaint) to the user whose content was removed so they can respond, and we may publish a redacted copy or summary for transparency. We will remove your phone number and postal address from the copy sent to the user unless you are a business, in which case your business contact details may be shared.

4. What we do after a valid notice

1. We remove or disable access to the material expeditiously, normally within 2 business days.
2. We notify the user who posted it, with a copy of the notice and a statement of reasons, and explain how to send a counter-notice or appeal.
3. We record a copyright strike against the user's Account (see section 6).
4. If the material is a file that buyers own, it is removed from their Libraries too. We tell those buyers what was removed and why, and facilitate a refund from the Creator where the law requires (see the Refunds & Library Policy).

5. Counter-notices

5.1 If you believe your material was removed by mistake or misidentification, or that you have the right to use it, you can send a counter-notice to [email protected] containing:

1. your physical or electronic signature;
2. identification of the material removed and where it appeared before removal;
3. a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification;
4. your name, address and telephone number; and
5. a statement that you consent to the jurisdiction of the US federal district court for the judicial district in which your address is located (or, if you are outside the United States, any judicial district in which Oddshelf may be found), and that you will accept service of process from the person who sent the original notice or their agent.

5.2 We forward the counter-notice to the person who sent the original notice. If they do not tell us within 10 business days that they have filed a court action seeking to restrain the alleged infringement, we will restore the material within 10 to 14 business days after receiving the counter-notice, and remove the related strike.

5.3 We are not able to judge copyright disputes between users. If a dispute continues, the parties must resolve it between themselves or in court.

6. Repeat-infringer policy

6.1 Each valid copyright notice that results in removal of material from an Account counts as one strike. A notice that lists several items from the same Account at the same time may count as a single strike.

6.2 Three valid strikes lead to termination of the Account. We may terminate sooner for blatant infringement, such as uploading pirated copies of commercial games or reselling other people's asset packs.

6.3 A strike is removed if the material is restored after a counter-notice, if the complainant retracts the notice, or if we determine the notice was invalid.

6.4 Terminated users may not create new Accounts. When a Creator Account is terminated, buyers keep access to their Library except for material removed for infringement or other legal reasons.

6.5 You can see the strikes on your Account by contacting [email protected].

7. Trademarks, likeness and other rights

For complaints about trademarks, impersonation, use of a person's likeness or voice, or other rights that are not copyright, email [email protected] with: your contact details; the right you rely on (for trademarks, the registration number and country); the material and its URL; and why you believe it infringes. We will review it under the Guidelines and applicable law.

8. EU Digital Services Act: notice and action

8.1 Anyone can report illegal content. If you believe content on Oddshelf is illegal under EU law or the law of an EU member state (for example infringing content, illegal hate speech, terrorist content, child sexual abuse material, non-consensual intimate imagery, illegal products or scams), you can notify us using the report button on any game, Listing, comment or post, or by emailing [email protected].

8.2 What to include. To be complete, a notice should contain:

• a sufficiently substantiated explanation of why you consider the content illegal;
• the exact URL(s) and any other information needed to find the content;
• your name and email address (except for reports of child sexual abuse material, which can be made anonymously); and
• a statement confirming your good-faith belief that the information and allegations are accurate and complete.

8.3 What we do. We confirm receipt (where you give an email address), review the notice diligently and objectively, and tell you our decision and the options for redress. If we act on the content, the person who posted it receives a statement of reasons. We may use automated tools to help prioritise notices; decisions on illegal content are taken by people, and we will tell you if automated means were used.

8.4 Trusted flaggers. Notices from trusted flaggers designated under the DSA, and from organisations we recognise as having particular expertise (such as rights-holder associations and child-safety organisations), are given priority.

8.5 Appeals and redress. Both the reporter and the affected user can appeal our decision through our internal complaint process by emailing [email protected] within 6 months. EU users may also use a certified out-of-court dispute settlement body or go to court.

8.6 Misuse. We may, after a warning, temporarily stop processing notices from people who frequently submit manifestly unfounded notices, and suspend users who frequently post manifestly illegal content.

8.7 Points of contact. Our single point of contact for EU member-state authorities, the European Commission and the European Board for Digital Services, and for users, is [email protected]. We accept communications in English. Our EU legal representative: [EU legal representative to be added].

8.8 Criminal offences. If we become aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, we will inform the law enforcement or judicial authorities concerned.

9. Child sexual abuse material

We have zero tolerance for child sexual abuse material. Report it immediately using the report button or [email protected]; do not download, copy or share it, even to report it. We remove it, preserve evidence as required, report it to the National Center for Missing & Exploited Children (NCMEC), and permanently ban the Account. You can also report directly to NCMEC's CyberTipline or to your local hotline (for example through INHOPE).

10. Transparency

Where the DSA requires, we will publish information about the notices we receive, the actions we take and the time we take to act, without personal data. Removed content may be noted on its former page as "Removed in response to a legal complaint".