DMCA Notice and Takedown

Everney respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Everney will respond to clear notices of alleged copyright infringement.

Designated Agent for DMCA Notices

If you believe content on Everney infringes your copyright, you may submit a takedown notice to our Designated Agent:

Everney’s DMCA Designated Agent is registered with the U.S. Copyright Office. You can verify our registration at the DMCA Designated Agent Directory.

Required Elements of a Valid Notice

To be effective under the DMCA, your notice must include all of the following:

1. A 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 (or, if the notice covers multiple works, a representative list of those works).
3. Identification of the material claimed to be infringing and reasonably sufficient information for Everney to locate the material — typically a direct URL to the content within Everney.
4. Your contact information, including address, telephone number, and email address.
5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices that do not include all required elements may not result in action.

Counter-Notice Procedure

If your content has been removed in response to a DMCA notice and you believe the removal was a mistake or misidentification, you may submit a counter-notice to the Designated Agent above. A valid counter-notice must include:

1. Your physical or electronic signature.
2. Identification of the material that was removed and the location where it appeared before removal.
3. A statement, made under penalty of perjury, that you have a good faith belief that the material was removed by mistake or misidentification.
4. Your name, address, and phone 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 (or, if your address is outside the United States, for any judicial district in which Everney may be found).
5. A statement that you will accept service of process from the person who provided the original DMCA notice or their agent.

If we receive a valid counter-notice, we will forward it to the original notifier. If they do not file a court action seeking a court order against you within ten (10) to fourteen (14) business days, we may restore the removed material.

Repeat Infringer Policy

Everney will, in appropriate circumstances, terminate the accounts of users who are determined to be repeat infringers.

False Claims

Knowingly submitting a false DMCA notice or counter-notice may result in liability for damages, including costs and attorneys’ fees, under 17 U.S.C. § 512(f).