NIWERS DMCA POLICY (UNITED STATES)

Effective Date: pending — company being formed Version: 2026-05-v1.0

Introduction

Niwers respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. This DMCA Policy explains how copyright holders may report infringement on the Niwers Platform and how alleged infringers may file counter-notifications.

This Policy is incorporated by reference into the Niwers Terms of Service and the Niwers Seller Agreement.

1. NIWERS'S DMCA SAFE HARBOR STATUS

Niwers is an online service provider within the meaning of 17 U.S.C. § 512(k)(1) and qualifies for the DMCA safe harbor.

Niwers maintains:

• A designated DMCA agent registered with the U.S. Copyright Office
• This DMCA notice-and-takedown procedure
• A repeat infringer policy (Section 7)
• No affirmative monitoring obligation (consistent with safe harbor)

2. DESIGNATED DMCA AGENT

Niwers has designated the following agent to receive copyright infringement notices:

_pending — company being formed_
_pending — company being formed_ (d/b/a Niwers)
_pending — company being formed_

Email: [email protected]
Phone: _pending — company being formed_

This agent is registered with the U.S. Copyright Office (Registration available at dmca.copyright.gov).

3. FILING A DMCA TAKEDOWN NOTICE (FOR COPYRIGHT HOLDERS)

3.1. Who May File

Copyright holders, their authorized agents, or attorneys may file a DMCA takedown notice if they believe content on the Niwers Platform infringes their copyright.

3.2. Required Elements (17 U.S.C. § 512(c)(3))

A valid DMCA notice must include all of the following:

• (a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;

• (b) Identification of the copyrighted work claimed to be infringed (or, for multiple works, a representative list);

• (c) Identification of the allegedly infringing material with sufficient detail to enable Niwers to locate it (e.g., URL of the listing, post ID, screenshot);

• (d) Information reasonably sufficient to permit Niwers to contact you (address, phone, email);

• (e) A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law;

• (f) A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

3.3. How to Submit

Email (preferred):

• [email protected]
• Subject: "DMCA Takedown Notice"
• Attach all evidence (registration certificates, comparison screenshots, etc.)

Mail: pending — company being formed pending — company being formed (d/b/a Niwers) pending — company being formed Attn: DMCA Agent

Online Form (when available):

• niwers.com/us/dmca-notice (planned for launch)

3.4. Sample DMCA Notice

To: DMCA Agent, Niwers

Pursuant to 17 U.S.C. § 512(c)(3), I submit this notice of
copyright infringement.

1. Copyright Owner / Authorized Agent:
   Name: [Your Name]
   Title: [If agent: e.g., "Copyright Agent for Acme Corp"]
   Address: [Your Address]
   Phone: [Your Phone]
   Email: [Your Email]

2. Copyrighted Work:
   Title: [e.g., "Photograph of Acme Sweater 2025 Collection"]
   Registration: [Copyright registration number, if any]
   First Publication: [Date and location]
   URL of Original (if online): [URL]

3. Infringing Material on Niwers Platform:
   URL of Listing: [https://niwers.com/p/...]
   Description: [What is being infringed and how]
   Screenshot or Reference: [Attached]

4. Good Faith Statement:
   I have a good faith belief that the use of the copyrighted
   material described above is not authorized by the copyright
   owner, its agent, or the law.

5. Sworn Statement:
   I swear, under penalty of perjury, that the information in
   this notice is accurate and that I am the copyright owner or
   am authorized to act on behalf of the copyright owner.

Signature: ___________________________
Date: ___________________________

4. NIWERS'S RESPONSE TO TAKEDOWN NOTICES

4.1. Review Timeline

Niwers reviews valid DMCA notices and typically removes infringing content within 24 hours of receipt. Per 17 U.S.C. § 512(c), Niwers must act "expeditiously" to qualify for safe harbor.

4.2. Actions Niwers Takes

When Niwers receives a valid notice:

• (a) Removes or disables access to the allegedly infringing content
• (b) Notifies the Seller/User who posted the content, providing:
  • The fact of the takedown
  • The reason
  • The notifier's identity (unless prohibited by law)
  • Information about counter-notification rights
• (c) Holds related funds (for Sellers) pending resolution
• (d) Tracks the violation in the Seller's account history

4.3. Insufficient Notices

If a notice is incomplete, Niwers may:

• Request additional information
• Decline to act on the notice (without prejudice to refiling)

4.4. Multiple Listings

Copyright holders may submit notices covering multiple listings in a single submission, provided the notice includes a representative list of works (per 17 U.S.C. § 512(c)(3)(A)(ii)).

5. COUNTER-NOTIFICATION (FOR ALLEGED INFRINGERS)

5.1. Right to Counter-Notify

If your content has been removed pursuant to a DMCA notice and you believe the removal was a mistake or misidentification, you may file a DMCA Counter-Notification under 17 U.S.C. § 512(g).

5.2. Required Elements (17 U.S.C. § 512(g)(3))

A valid Counter-Notification must include:

• (a) Your physical or electronic signature

• (b) Identification of the material that was removed and its location before removal (URL, listing ID)

• (c) 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

• (d) Your name, address, telephone number, and a statement consenting to the jurisdiction of:

  • The federal district court for your address (if in the U.S.), or
  • For non-U.S. residents: the federal district court for any judicial district in which Niwers may be found (currently Northern District of California)

• (e) A statement that you will accept service of process from the person who provided the original notice

5.3. How to Submit

• Email: [email protected], Subject: "DMCA Counter-Notification"
• Mail: Same address as DMCA Agent

5.4. Niwers's Action After Counter-Notification

Upon receiving a valid Counter-Notification:

• (a) Niwers forwards it to the original notifier
• (b) Niwers informs the original notifier that content will be restored in 10-14 business days, unless the notifier files a lawsuit seeking a court order to restrain the alleged infringer
• (c) If no lawsuit is filed within the 10-14 business day period, Niwers may restore the content (subject to other Niwers Policy considerations)

5.5. Sample Counter-Notification

To: DMCA Agent, Niwers

Pursuant to 17 U.S.C. § 512(g)(3), I submit this counter-notification.

1. Identification of Removed Material:
   Original Listing URL: [https://niwers.com/p/...]
   Listing Title: [...]
   Removal Date: [Date]

2. Good Faith Statement:
   I have a good faith belief that the material was removed or
   disabled as a result of mistake or misidentification of the
   material to be removed or disabled.

3. Personal Information:
   Name: [Your Name]
   Address: [Your Full Address]
   Phone: [Phone]
   Email: [Email]

4. Jurisdictional Consent:
   I consent to the jurisdiction of the federal district court
   for the judicial district in which my address is located
   (or, if outside the U.S., the U.S. District Court for the
   Northern District of California).

5. Service of Process:
   I will accept service of process from the person who provided
   the original notification under 17 U.S.C. § 512(c)(1)(C),
   or an agent of such person.

I declare under penalty of perjury that the foregoing is true
and correct.

Signature: ___________________________
Date: ___________________________

5.6. Counter-Notification Caution

Filing a false Counter-Notification is perjury and may result in:

• Damages (including costs and attorney's fees) under 17 U.S.C. § 512(f)
• Criminal prosecution
• Permanent termination of your Niwers account

6. NIWERS PLATFORM-SPECIFIC NOTES

6.1. Counterfeit Goods Are Trademark Issues, Not Copyright

DMCA covers copyright infringement. Trademark infringement (counterfeit goods) follows a different procedure:

• Submit trademark complaints to: [email protected]
• See Acceptable Use Policy for trademark anti-counterfeiting framework
• Trademark removal procedure does not require DMCA-formatted notices, but should include:
  • Trademark registration number
  • Identification of the infringing listing
  • Statement of authorization
  • Good faith belief
  • Contact information

6.2. Both DMCA and Trademark — Use Both Mechanisms

For products that infringe both copyright (e.g., counterfeit branded clothing using copied logos) and trademark (e.g., the trademark itself):

• File a DMCA notice for the copyright element
• File a trademark complaint for the trademark element

6.3. Brand Owner Authentication

For high-volume brand owners, Niwers may establish a trusted brand program with a streamlined reporting interface. Contact [email protected] for details.

7. REPEAT INFRINGER POLICY

7.1. Statutory Requirement

In compliance with 17 U.S.C. § 512(i)(1)(A), Niwers maintains and reasonably implements a policy of terminating accounts of repeat infringers in appropriate circumstances.

7.2. Niwers's Stricter One-Strike Rule

Niwers operates a stricter policy than minimum DMCA requirements:

• For counterfeit goods and clear IP infringement, Niwers applies a ZERO-TOLERANCE, ONE-STRIKE rule
• A single confirmed violation may result in immediate, permanent account termination under Seller Agreement Section 4.3

7.3. Account Termination Outcomes

When an account is terminated for IP violations:

• All listings are removed permanently
• Reserve and pending payouts may be forfeited to satisfy obligations
• Information is reported to:
  • Brand owners
  • Stripe and other payment processors
  • Apple App Store and Google Play (if relevant)
  • Law enforcement (where appropriate)
  • U.S. Customs and Border Protection (for import violations)
• The User is permanently banned from creating new Niwers accounts

7.4. Appeals

Counterfeit terminations are non-appealable. For other DMCA-based terminations, the Counter-Notification process (Section 5) may be available.

8. ABUSE OF DMCA PROCEDURES

8.1. False Notices

Filing a false DMCA notice is a federal offense under 17 U.S.C. § 512(f) and may result in:

• Liability for damages (including costs and attorney's fees) to the alleged infringer
• Criminal perjury prosecution
• Permanent ban from filing future notices through Niwers
• Niwers civil action for damages

8.2. False Counter-Notifications

Filing a false Counter-Notification is similarly perjury under 17 U.S.C. § 512(g)(3)(C) and may result in:

• Liability for damages
• Account termination
• Criminal prosecution

8.3. Niwers's Response

Niwers may report perjurious notifications to:

• U.S. Department of Justice
• State Attorneys General
• Affected parties (with documentation for civil action)

9. NIWERS PLATFORM CONTENT MODERATION

9.1. AI-Based Content Detection

Niwers uses automated content moderation to detect potential IP infringement. AI flags are:

• Initial review by AI
• Confirmed by human review before removal in most cases
• Subject to all DMCA procedures (notices, counter-notices)

9.2. Proactive Review for Known Brands

For high-profile brands and known counterfeit patterns, Niwers may:

• Conduct proactive reviews
• Remove obvious counterfeits without waiting for a brand owner notice
• Notify brand owners as a courtesy

9.3. No Section 512(j) Subpoena Process

DMCA Section 512(h) subpoenas are an option for copyright owners seeking information about anonymous infringers. Niwers complies with valid 512(h) subpoenas while preserving user privacy where the law permits.

10. CONFIDENTIALITY

10.1. Notifier Information Sharing

When Niwers acts on a DMCA notice, the notifier's identity is shared with the alleged infringer (per 17 U.S.C. § 512(g)(2)(A)). Notifiers should expect their identity to be disclosed.

10.2. Counter-Notifier Information Sharing

Counter-Notification information is shared with the original notifier.

10.3. Niwers Internal Records

Niwers maintains DMCA records as required for compliance and for potential legal obligations. Records are typically retained for 5 years.

11. INTERNATIONAL CONSIDERATIONS

11.1. Foreign Copyright Holders

Foreign copyright holders may file DMCA notices, provided they meet the statutory requirements. Niwers acts on valid notices regardless of the holder's nationality.

11.2. Cross-Border Issues

For copyrights protected in non-U.S. jurisdictions:

• Niwers's DMCA process applies for content accessible in the U.S.
• Foreign jurisdictions may have additional remedies (e.g., EU DSA for European users — not currently applicable to Niwers as we serve U.S. and TR only)

12. UPDATES TO THIS POLICY

Niwers may update this Policy. Updates effective per the Terms of Service modification process.

13. CONTACT

Version: 2026-05-v1.0 Effective Date: pending — company being formed