DMCA Policy

Fiatly respects the intellectual property rights of others and expects its users and NFT creators to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we have established a notice-and-takedown procedure for removing infringing content from our platform.

If you believe that material available on or through our marketplace infringes a copyright you own or control, you may submit a DMCA takedown notice as described in this policy.

This DMCA Policy applies to content hosted on or made accessible through Fiatly, including NFT metadata, images, audio, video, and other media files associated with NFTs listed on our marketplace.

It does not create any obligation to monitor third-party content proactively, nor does it affect any other legal rights or remedies you may have. For non-copyright complaints (impersonation, stolen NFTs, illegal content), see our Takedown Policy.

To submit a valid DMCA takedown notice, your written communication must include ALL of the following required elements:

1. Identification of the copyrighted work: A description of the copyrighted work you claim has been infringed, or if multiple works are covered by a single notification, a representative list of such works.

2. Identification of infringing material: A description of the material you claim is infringing and that you request be removed, together with information reasonably sufficient to permit us to locate the material — such as the URL of the NFT listing or the specific page on our platform where the material appears.

3. Contact information: Your name, postal address, telephone number, and email address, so that we may contact you regarding your notice.

4. Good-faith statement: A statement that you 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.

5. Accuracy and perjury statement: A statement that the information in your notice is accurate, and — under penalty of perjury — that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

DMCA notices must be submitted in writing to our Designated Copyright Agent. You may send your notice by email to: [email protected] (subject line: "DMCA Takedown Notice").

Please use the subject line 'DMCA Takedown Notice' to ensure prompt routing. Notices submitted through other channels or that omit required elements may not receive expedited processing.

Designated Agent: Copyright Compliance, Fiatly — [email protected]

Upon receipt of a complete and valid DMCA notice, Fiatly will promptly investigate the claim. Our standard response time is within 5 business days of receiving a compliant notice, though complex matters may take longer.

If we determine the notice is valid and complete, we will: (a) remove or disable access to the allegedly infringing material; (b) notify the content provider, if identifiable, that the material has been removed; and (c) provide the content provider with a copy of the takedown notice.

We reserve the right to request additional information from the complaining party if the notice is incomplete or if the alleged infringement is not immediately apparent.

If you believe that material was removed in error, or that you have the right to use the content, you may submit a counter-notification to our Designated Agent. A valid counter-notification must include:

1. Identification of the material removed and its previous location (URL) on our platform.

2. A statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification.

3. Your name, postal address, telephone number, and email address.

4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if outside the United States, any judicial district in which we may be found, and that you will accept service of process from the person who submitted the original DMCA notice.

5. Your physical or electronic signature.

Upon receipt of a valid counter-notification, we will forward it to the original complainant. If the complainant does not notify us within 10 business days that they have filed a court action, we may restore the removed material at our discretion.

Fiatly maintains a repeat-infringer policy in accordance with the DMCA. We will terminate, in appropriate circumstances, the accounts of users and content providers who are determined to be repeat infringers of copyright.

An account may be flagged as a repeat infringer after receiving two or more valid, unchallenged DMCA takedown notices relating to content uploaded or listed by that account. Serious or egregious single violations may result in immediate account termination.

Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages, including costs and attorneys' fees.

Fiatly reserves the right to reject or disregard notices it reasonably believes to be fraudulent, abusive, or submitted in bad faith. Repeated submission of frivolous notices may result in blacklisting or referral to legal authorities.

Because NFTs are recorded on public blockchains and are non-custodial, our ability to 'remove' an NFT from the blockchain itself is technically impossible — blockchain transactions are immutable. Our takedown actions are limited to: removing or disabling the listing on our marketplace interface; removing associated metadata, images, and media from our hosted content; and restricting the NFT from appearing in searches and collections on our platform.

We encourage copyright owners to also pursue on-chain remedies available through the smart contract or NFT platform where applicable.

For DMCA-related enquiries, to submit a notice or counter-notice, or for any questions about this policy, please contact our Designated Copyright Agent at: [email protected] — Subject: "DMCA Takedown Notice".

We are committed to resolving copyright disputes promptly and fairly in accordance with applicable law.