DMCA Policy

Last Updated: March 3, 2026

At OpenDay, we respect intellectual property rights and are committed to complying with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512. OpenDay will respond expeditiously to claims of copyright infringement committed using the OpenDay platform that are reported to our Designated Agent, identified below.

Types of Content Covered

This DMCA policy applies to all user-generated content on OpenDay, including but not limited to:

Live video streams broadcast by sellers and content creators
Recorded stream replays and video-on-demand content
Product listings, including images, descriptions, and media files
Comments, and social content
User profile content, including avatars and banners
Chat messages and real-time communications
Any other content uploaded, transmitted, or shared by users on our platform

For content appearing in live streams, we may need to terminate the stream immediately upon receiving a valid takedown notice to prevent ongoing copyright infringement.

Reporting Copyright Infringement

If you believe that content on our platform infringes your copyright, please send a written notification to our Designated Agent containing the following information required by 17 U.S.C. § 512(c)(3):

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has allegedly been infringed. Typing your full legal name is acceptable as an electronic signature.
Identification of the copyrighted work claimed to have been infringed, or if multiple works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit OpenDay to locate the material. Please include the URL(s) of the specific page(s) or content where the allegedly infringing material appears.
Your contact information, including your full legal name, mailing address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note: Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including costs and attorneys' fees incurred by the alleged infringer or by OpenDay. Before filing a takedown notice, please consider whether the use of the copyrighted material may constitute fair use.

Where to Send Notices

Please send your DMCA notices to our Designated Agent:

DMCA Designated Agent

Email: copyright@openday.com

Response and Removal Timeline

Upon receipt of a valid DMCA takedown notice, OpenDay will:

Acknowledge receipt of your notice within 1–2 business days.
Review the notice to ensure it complies with DMCA requirements.
Remove or disable access to allegedly infringing content promptly, typically within 24–48 hours of verification.
Notify the content uploader of the removal and provide a copy of the takedown notice.
For live streams, we reserve the right to terminate broadcasts immediately upon receipt of a valid takedown notice to prevent ongoing infringement.

We are committed to processing all valid DMCA notices expeditiously while ensuring due process for affected users.

Counter-Notification Procedures

If you believe your content was removed due to a mistake or misidentification, you may send a counter-notification to our Designated Agent containing:

Your physical or electronic signature. Typing your full legal name is acceptable as an electronic signature.
Identification of the material that has been removed or disabled and the location where it appeared before removal (include the URL if possible).
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.
Your full legal name, mailing 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, for any judicial district in which OpenDay may be found), and that you will accept service of process from the person who provided the original takedown notice or an agent of such person.

Please note: Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability for damages, including costs and attorneys' fees.

Restoration Timeline

Upon receiving a valid counter-notification, OpenDay will:

Promptly forward a copy of the counter-notification to the original complainant.
Inform the complainant that the removed material will be restored in 10 to 14 business days unless the complainant files a court action seeking to restrain the user from engaging in infringing activity relating to the material on OpenDay.
Restore the removed material 10 to 14 business days after receiving the counter-notification, unless our Designated Agent receives notice from the complainant that a court action has been filed.

Live Stream Takedowns

Because live streams on OpenDay occur in real time, the following additional procedures apply:

Immediate action: If OpenDay receives a credible takedown notice regarding an active live stream, the stream may be interrupted or terminated without prior notice to the broadcaster.
Post-stream content: Recorded streams (VODs) and clips are subject to the standard takedown and counter-notification procedures described above.
Repeat live stream infringement: Broadcasters who repeatedly stream infringing content are subject to the repeat infringer policy below, which may result in permanent loss of streaming privileges.

Repeat Infringer Policy

In accordance with the DMCA, 17 U.S.C. § 512(i), OpenDay maintains a policy for the termination of users who are repeat infringers in appropriate circumstances. OpenDay will terminate the accounts of users who are determined to be repeat infringers under the following system.

Strike System

OpenDay uses a three-strike system:

First strike: The infringing content is removed and the user receives a written warning via email and in-app notification explaining the violation.
Second strike: The infringing content is removed, the user receives a second warning, and their account may be temporarily restricted (e.g., inability to list new products or start live streams for 14 days).
Third strike: The user's account is permanently terminated. This includes removal of all product listings, loss of streaming privileges, and closure of the seller account.

Additional Considerations

Strikes expire 12 months after issuance, provided no additional violations occur during that period.
OpenDay reserves the right to terminate any account at any time for egregious or willful infringement, regardless of the number of prior strikes.
Successful counter-notifications that result in content restoration will remove the associated strike from the user's record.
OpenDay may, at its discretion, issue warnings for borderline cases without applying a formal strike.

Information for Sellers

As a seller or content creator on OpenDay, you are responsible for ensuring that all content you upload, stream, or share complies with copyright law. This includes:

Owning or having proper licenses for all content you upload or broadcast.
Ensuring product images and descriptions do not infringe third-party copyrights or trademarks.
Using properly licensed music in your live streams. Avoid copyrighted music unless you have explicit permission from the rights holder.
Having rights to any branded content, logos, or imagery displayed during streams or in product listings.
Respecting the intellectual property rights of others in all your content.

We strongly recommend using royalty-free music and stock images, or obtaining proper licenses before using third-party content. Sellers who repeatedly violate copyright are subject to the repeat infringer policy above.

If your content is removed due to a DMCA claim and you believe it was removed in error, you have the right to submit a counter-notification as described above.

Limitations and Disclaimers

OpenDay does not provide legal advice. If you are unsure whether content infringes your copyright or whether your use of material constitutes fair use, you should consult an attorney.
This policy applies only to claims of copyright infringement under the DMCA. For trademark disputes, counterfeit goods, or other intellectual property concerns, please contact us at legal@openday.com.
OpenDay is not obligated to adjudicate disputes between users. Our role is limited to responding to valid DMCA notices and counter-notifications as required by law.
Nothing in this policy is intended to limit any defenses, including fair use, that may be available under copyright law.

Notification to Users

By using the OpenDay platform, you acknowledge that:

You will not upload, post, stream, or transmit any content that infringes the intellectual property rights of any third party.
OpenDay may remove content and/or terminate accounts in response to valid DMCA notices and in accordance with the repeat infringer policy above.
Submitting false or fraudulent takedown notices or counter-notifications may result in legal liability under 17 U.S.C. § 512(f) and/or account termination.

Modifications to This Policy

We may update this DMCA Policy periodically. We will notify you of any changes by posting the new policy on this page and updating the effective date.

Contact

For DMCA-related inquiries, contact our Designated Agent at:

Email: copyright@openday.com

For general intellectual property questions not related to the DMCA, contact us at legal@openday.com.