Copyright Policy & DMCA

Wittly, Inc. respects the intellectual property rights of others and expects users of the Service to do the same. This Copyright Policy explains how to notify us of allegedly infringing content, how to respond if your content was removed, and what happens to accounts that repeatedly infringe.

This policy is referenced by Section 10 of our Terms of Service and forms part of them.

Wittly has designated an agent to receive notifications of claimed copyright infringement under 17 U.S.C. § 512(c)(2). Notices may be sent to:

• Designated Agent: Copyright Agent, Wittly, Inc.
• Email: contact@wittly.app

Only copyright notices and counter-notices should be sent to the designated agent. Other enquiries sent to this address may not receive a response.

If you believe content on Wittly infringes a copyright you own or are authorised to act for, send a written notice to our designated agent containing all of the following:

• Identification of the copyrighted work you claim has been infringed
• Identification of the material you claim is infringing, with enough detail for us to locate it — a link to the post is best
• Your contact information (name, address, telephone number, and email address)
• A statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law
• 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 their behalf
• Your physical or electronic signature

An incomplete notice may delay or prevent us from acting on it. If your notice is valid, we will remove or disable access to the material and take reasonable steps to notify the user who posted it.

Knowingly making a material misrepresentation that content is infringing may make you liable for damages under 17 U.S.C. § 512(f), including costs and legal fees.

If your content was removed and you believe the removal was a mistake or misidentification, you may send a counter-notice to our designated agent at the address in Section 2. Your counter-notice must contain:

• Identification of the material that was removed and the location 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 District Court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Wittly may be found), and that you will accept service of process from the person who filed the original notice or their agent
• Your physical or electronic signature

If we receive a valid counter-notice, we will forward it to the person who filed the original notice. If they do not notify us within 10 business days that they have filed a court action seeking to restrain you from engaging in the infringing activity, we may restore the removed material in 10 to 14 business days.

As with takedown notices, knowingly making a material misrepresentation in a counter-notice may make you liable for damages under 17 U.S.C. § 512(f).

Wittly maintains and enforces a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

When we remove content in response to a valid copyright notice, we may record a copyright strike against the account that posted it. An account that accumulates three copyright strikes is banned from the Service. Strikes may be removed if the associated notice is withdrawn, successfully countered, or found to have been submitted in error.

We may also terminate an account without regard to the strike count where circumstances warrant — for example, where an account exists primarily to infringe.

Wittly is a meme maker. Memes routinely build on existing images, and much of that use is lawful — fair use, parody, and commentary are longstanding parts of the form, and nothing in this policy is intended to discourage them.

What is not acceptable is republishing someone else's finished work as your own. In particular, do not:

• Upload content downloaded from another platform and present it as your own creation
• Upload content still bearing another platform's watermark or another creator's username or mark
• Remove or obscure a watermark, credit, or attribution in order to republish someone else's work

If you want to share another Wittly user's post, use the repost feature — it attributes the original creator automatically, as described in Section 5 of the Terms of Service.

If you believe content on Wittly infringes a trademark you own, contact us at contact@wittly.app with details of your mark, the content at issue, and the basis for your claim. Trademark complaints are handled separately from the copyright strike process described in Section 5.

Questions about this policy (as distinct from notices under it) may be sent to contact@wittly.app.