Obsidian Cloud respects the intellectual property rights of others and expects users of AllDaMemes to do the same. This policy outlines our procedures for addressing claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512.
1. Overview
AllDaMemes is a user-generated content platform. We do not control what content users upload. However, we are committed to responding promptly to valid notices of alleged copyright infringement that comply with the DMCA.
If you believe that your copyrighted work has been copied and is accessible on AllDaMemes in a way that constitutes copyright infringement, you may submit a takedown notice to our designated DMCA agent as described below.
For general information about our intellectual property policies, please also refer to our Copyright Policy.
2. Designated DMCA Agent
Our designated agent for receiving notifications of claimed copyright infringement is:
DMCA Agent
Obsidian Cloud
330 South Elm St. STE 303
Greensboro, NC 27401
United States
Email: dmca@obsidiancloud.io
Subject Line: DMCA Takedown Notice — AllDaMemes
Please note that this agent is designated specifically for DMCA notices. For general inquiries, please use contact@obsidiancloud.com.
3. Filing a Takedown Notice
To file a valid DMCA takedown notice, you must provide a written communication to our designated agent that includes all of the following elements, as required by 17 U.S.C. § 512(c)(3):
- Identification of the copyrighted work: A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the infringing material: Identification of the material that you claim is infringing and that is to be removed or access to which is to be disabled, along with information reasonably sufficient to permit us to locate the material. Please include the specific URL(s) of the page(s) containing the infringing material.
- Your contact information: Your full legal name, mailing address, telephone number, and email address.
- Statement of good faith belief: 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.
- Statement of accuracy under penalty of perjury: 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.
- Signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
What Happens After You Submit a Notice
- We will review your notice for completeness and validity.
- If the notice is valid, we will expeditiously remove or disable access to the allegedly infringing material.
- We will notify the user who uploaded the content ("alleged infringer") that the material has been removed or disabled, and provide them with a copy of your notice (with your personal contact information redacted where appropriate).
- We will retain a record of the notice and our response for legal compliance purposes.
⚠️ Warning:
Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages, including costs and attorneys' fees. Please ensure your claim is valid before submitting a takedown notice.
4. Counter-Notification
If you believe that your content was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to our DMCA agent. Your counter-notification must include all of the following, as required by 17 U.S.C. § 512(g)(3):
- Identification of the material: 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.
- Your contact information: Your full legal name, mailing address, telephone number, and email address.
- Consent to jurisdiction: 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 Obsidian Cloud 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.
- Statement under penalty of perjury: 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.
- Signature: Your physical or electronic signature.
What Happens After You Submit a Counter-Notification
- We will forward a copy of your counter-notification to the original complaining party.
- We will inform the complaining party that the removed material will be restored in 10 business days.
- Unless we receive notice from the complaining party that they have filed a court action seeking to restrain you from engaging in the infringing activity, we will restore the material between 10 and 14 business days after receiving your counter-notification.
5. Repeat Infringer Policy
In accordance with the DMCA and other applicable laws, AllDaMemes has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, accounts of users who are deemed to be repeat infringers.
We define a "repeat infringer" as any user who has been the subject of three (3) or more valid DMCA takedown notices. We may also terminate accounts of users who have received fewer than three notices if, in our sole judgment, the circumstances warrant such action.
Our repeat infringer policy includes:
- First Notice: Content removed. User receives a warning notification explaining the infringement and our policies.
- Second Notice: Content removed. User receives a final warning. Upload privileges may be temporarily restricted.
- Third Notice: Content removed. Account subject to permanent termination at our discretion.
Counter-notifications that result in content restoration will result in the corresponding strike being removed from the user's record.
6. Good Faith Requirement
We process DMCA notices and counter-notifications in good faith. We expect all parties involved to act in good faith as well.
- Takedown notices must only be submitted by the copyright owner or their authorized representative.
- Notices must be accurate and truthful. Submitting false DMCA notices is a violation of federal law.
- We reserve the right to reject incomplete, fraudulent, or abusive takedown notices.
- We may share information about DMCA notices and counter-notifications with the parties involved and, if required, with law enforcement or courts of competent jurisdiction.
7. Special Considerations for Meme Content
AllDaMemes is a meme archive platform. We acknowledge that meme culture involves the widespread sharing, remixing, and recontextualization of images and media. While we take copyright claims seriously, we also recognize that:
- Fair Use: Many memes may qualify as fair use under 17 U.S.C. § 107, which permits limited use of copyrighted material for purposes such as commentary, criticism, parody, and transformative works. We consider fair use principles when evaluating DMCA notices.
- Transformative Works: Memes that substantially transform the original work through the addition of new expression, meaning, or commentary may be protected by fair use.
- Cultural Significance: As a cultural archive, we are particularly mindful of the cultural significance of meme content and its role in commentary and expression.
We encourage copyright holders to consider whether the complained-of use may be a fair use before submitting a takedown notice. If you have questions about whether your claim qualifies, we recommend consulting with an attorney.
For more information about our approach to copyright in the context of meme culture, see our Copyright Policy.
8. Contact Information
For DMCA-related inquiries, please contact:
DMCA Agent — Obsidian Cloud
330 South Elm St. STE 303
Greensboro, NC 27401
United States
DMCA Notices: dmca@obsidiancloud.io
General Legal: contact@obsidiancloud.com