DMCA Notice & Takedown Policy

As a platform hosting user-generated content, Gilded Night qualifies as an “online service provider” under 17 U.S.C. § 512(c). We are committed to responding promptly to legitimate copyright complaints and maintain the procedures described below to qualify for safe harbour protections under the DMCA.

Our designated agent for receiving DMCA notices is:

Legal Department — Copyright
Gilded Night
London, United Kingdom
Email: info@gildednight.com
Subject line: DMCA Takedown Notice

Notices delivered to any other address or department may not receive a timely response.

If you are a copyright owner (or authorised agent) and believe that content on the Platform infringes your copyright, you must submit a written notification that includes all of the following elements (per 17 U.S.C. § 512(c)(3)):

1. Identification of the copyrighted work(s) — title, registration number (if available), or a representative list if multiple works at a single URL are involved.
2. Identification of the infringing material — specific URL(s) or sufficient information for us to locate the material on the Platform.
3. Your contact information — full legal name, mailing address, telephone number, and email address.
4. Good-faith statement — “I have a good-faith belief that the use of the material described above is not authorised by the copyright owner, its agent, or the law.”
5. Accuracy statement under penalty of perjury — “The information in this notice is accurate, and I am the copyright owner or authorised to act on behalf of the copyright owner.”
6. Signature — physical or electronic signature of the copyright owner or authorised agent.

Important: A notice that is missing any of the above elements may be returned as incomplete. Knowingly submitting a materially false DMCA notice may result in liability for damages, including costs and attorneys’ fees, under 17 U.S.C. § 512(f).

Upon receipt of a complete and valid DMCA notice, we will take the following steps:

1. Acknowledgement — We will confirm receipt of your notice within 1 business day.
2. Review — Our legal team will verify that the notice meets all statutory requirements.
3. Takedown — If valid, the allegedly infringing material will be removed or access disabled within 2 business days of receipt.
4. Notification to uploader — We will promptly notify the user who posted the content (the “alleged infringer”) and provide them with a copy of the notice.
5. Record-keeping — A record of the notice and action taken will be maintained for a minimum of 3 years.

If you are a user whose content was removed and you believe it was taken down in error or misidentified, you may submit a counter-notification containing all of the following (per 17 U.S.C. § 512(g)):

1. Identification of the material that was removed and its former location (URL) on the Platform.
2. Good-faith statement under penalty of perjury — “I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.”
3. Your full legal name, address, telephone number, and email address.
4. Consent to jurisdiction — “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located (or, if outside the United States, London, United Kingdom), and I will accept service of process from the person who submitted the original DMCA notice or their agent.”
5. Signature — physical or electronic.

Upon receipt of a valid counter-notification, we will: (a) forward it to the original complainant within 1 business day; (b) inform the complainant that the removed material will be restored in 10 business days unless we receive notice that a court action has been filed. If no court action is filed within 10–14 business days, the material may be restored.

In accordance with 17 U.S.C. § 512(i), Gilded Night maintains and enforces a policy for the termination of accounts of users who are repeat copyright infringers:

• First valid notice: Content removed; written warning issued to the user.
• Second valid notice: Content removed; account suspended for 30 days; final written warning.
• Third valid notice: Account permanently terminated; user permanently banned from the Platform.

In cases of egregious or wilful infringement, we reserve the right to terminate an account upon the first valid notice. Determinations are made at our sole discretion based on the facts and circumstances of each case.

Both DMCA notices and counter-notifications are legal documents submitted under penalty of perjury. Under 17 U.S.C. § 512(f):

• Any person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys’ fees incurred by the alleged infringer and by us.
• Any person who knowingly materially misrepresents that material was removed by mistake may be liable for damages incurred by the copyright owner.

Before submitting a notice, please carefully consider whether the material constitutes fair use or is otherwise authorised. We strongly recommend consulting a qualified attorney if you are unsure.

In addition to DMCA procedures, we comply with applicable copyright legislation including:

• EU Copyright Directive (2019/790) — including Art. 17 regarding liability of online content-sharing service providers.
• EU E-Commerce Directive (2000/31/EC) — host provider liability exemption under Art. 14, conditioned on acting expeditiously upon obtaining knowledge of illegal content.
• Local copyright laws of United Kingdom as applicable.

Rights holders may submit copyright complaints using the same procedure and information requirements described above. All notices will be processed under both US and applicable local law.

We may update this DMCA Policy from time to time to reflect changes in law or our procedures. Changes are effective upon publication with an updated “Last updated” date. We encourage rights holders to review this page periodically.

For all copyright-related enquiries:

Gilded Night — Legal Department
London, United Kingdom
Email: info@gildednight.com
Subject: DMCA / Copyright

For general legal questions (non-copyright), please email info@gildednight.com with the appropriate subject line.