Digital Millennium Copyright Act (DMCA) Policy

Skydeca, LLC ("Skydeca," "we," "us," or "our") respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), codified at 17 U.S.C. § 512, we will respond expeditiously to claims of copyright infringement committed using the Skydeca platform (the "Service") if such claims are reported to our Designated Copyright Agent identified below.

This policy applies to all users of the Skydeca platform, including deck owners, content creators, and viewers.

Note: This contact information is solely for reporting copyright infringement claims. For other inquiries, please contact support@skydeca.com.

If you are a copyright owner, or authorized to act on behalf of one, and you believe that copyrighted material has been uploaded to Skydeca in a way that constitutes copyright infringement, please submit a written notification to our Designated Agent containing the following information:

3.1 Required Elements of a DMCA Notice

Your notification must include all of the following (per 17 U.S.C. § 512(c)(3)):

1. Physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Please provide:
   • The URL(s) of the page(s) containing the allegedly infringing material
   • The title of the media file or deck name
   • Any timestamps identifying the specific infringing content within a longer media file
4. Your contact information, including your name, mailing address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3.2 How to Submit

Send your complete DMCA notice to:

3.3 Important Warning

If you believe that material you posted on Skydeca was removed or disabled by mistake or misidentification, you may file a counter-notification with our Designated Agent.

4.1 Required Elements of a Counter-Notification

Your counter-notification must include all of the following (per 17 U.S.C. § 512(g)(3)):

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access was disabled (provide the URL if possible).
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
4. Your name, mailing address, and telephone number, and a statement that you consent to the jurisdiction of:
   • The Federal District Court for the judicial district in which your address is located (if in the United States), or
   • The Federal District Court for the Southern District of Florida (if outside the United States),
   and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

4.2 Processing Counter-Notifications

Upon receiving a valid counter-notification, we will:

1. Promptly provide a copy of the counter-notification to the original complaining party.
2. Inform that party that we will restore the removed material or cease disabling access to it in ten (10) business days.
3. Restore the material or access to it between 10 and 14 business days after receiving the counter-notification, unless our Designated Agent receives notice from the original complaining party that they have filed a court action seeking to restrain the user from engaging in infringing activity relating to the material.

In accordance with the DMCA and other applicable laws, Skydeca has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers.

5.1 Definition of Repeat Infringer

A "repeat infringer" is a user who has been the subject of more than two (2) valid DMCA takedown notices within any twelve (12) month period.

5.2 Consequences

Skydeca may, in its sole discretion:

5.3 Discretionary Factors

In determining whether to terminate an account, we may consider:

• Whether the user has filed counter-notifications that were successful
• Whether the user's infringement appears to be willful or inadvertent
• The severity and commercial nature of the infringement
• Whether the user has demonstrated good faith efforts to comply with copyright law

Users whose accounts are terminated for repeat infringement:

1. Will lose access to all content, decks, stacks, and data associated with their account.
2. May not create new accounts or access the Service using other accounts.
3. Will not be entitled to any refund of subscription fees.

We reserve the right to terminate any account at any time for violations of our Terms of Service, including but not limited to copyright infringement.

Skydeca handles all DMCA notices and counter-notifications in good faith. We:

• Do not pre-screen user content for potential copyright infringement
• Act expeditiously to remove or disable access to allegedly infringing material upon receiving a valid DMCA notice
• Provide users with notice when their content is removed
• Restore content upon receiving a valid counter-notification, subject to the waiting periods described above

Skydeca qualifies for safe harbor protection under 17 U.S.C. § 512(c) as a service provider that stores information at the direction of users. We:

• Do not have actual knowledge that material on our platform is infringing
• Are not aware of facts or circumstances from which infringing activity is apparent
• Act expeditiously to remove or disable access to material upon obtaining such knowledge or awareness
• Do not receive a financial benefit directly attributable to infringing activity where we have the right and ability to control such activity

We reserve the right to modify this DMCA Policy at any time. Any changes will be effective immediately upon posting the revised policy on our website. Your continued use of the Service after any changes indicates your acceptance of the modified policy.