DMCA Policy
At OpenDay, we respect intellectual property rights and are committed to complying with the Digital Millennium Copyright Act (DMCA). This policy outlines the procedures for reporting copyright infringement and how we address such reports.
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
- 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 notification containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has allegedly been infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit OpenDay to locate the material.
- Your contact information, including your address, telephone number, and email.
- 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.
Where to Send Notices
Please send your DMCA notices to:
Email: copyright@openday.com
Counter-Notification Procedures
If you believe your content was removed due to a mistake or misidentification, you may send a counter-notification containing:
- Your physical or electronic signature.
- Identification of the material that has been removed and the location where it appeared before removal.
- 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.
- Your contact information and a statement that you consent to the jurisdiction of the federal court in the district where you reside and will accept service from the person who provided the original notification.
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.
Repeat Infringers
OpenDay has a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.
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)
- 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 may have their accounts suspended or terminated.
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.
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.
For any questions regarding our DMCA Policy, please contact us at legal@openday.com