1. Overview
Sizmic Limited (“Sizmic”, “we”) respects the intellectual property rights of others and expects our users to do the same. This policy explains how to notify us of content that you believe infringes your copyright and is hosted by us — on Kirak Studio or on kirak.io — and how the person who posted it can respond.
This policy follows the process in the US Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. We apply the same process to notices from any country.
This policy does not cover:
- the open-source Kirak repository on GitHub — send those notices to GitHub under its own DMCA policy;
- trademark complaints — see our Trademark & Brand Policy;
- other intellectual property claims — email legal@kirak.io.
2. How to send a copyright notice
Email copyright@kirak.io, or write to:
Copyright Agent
Sizmic Limited
78 James Smith Court, Dartford, England, DA1 5XL
Your notice must include all of the following (17 U.S.C. § 512(c)(3)):
- Identification of the copyrighted work you claim has been infringed (or, if multiple works, a representative list).
- Identification of the material you claim is infringing, and enough information for us to locate it — a URL, the Kirak Studio project or instance, or a precise description.
- Your name, address, telephone number, and email address.
- A statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law.
- A statement that the information in your notice is accurate, and, under penalty of perjury, that you are the copyright owner or authorised to act on its behalf.
- Your physical or electronic signature.
Incomplete notices may not be actionable. Knowingly materially misrepresenting that material is infringing can make you liable for damages under 17 U.S.C. § 512(f).
Consider whether the use is a fair use / fair dealing or otherwise lawful before sending a notice.
3. What we do when we receive a valid notice
- We remove or disable access to the identified material within a reasonable time.
- We notify the user who posted it and forward them your notice (including your contact details), so they can respond.
- We note the complaint against the user’s account for our repeat-infringer policy (Section 5).
We may make reasonable efforts to contact you for clarification if a notice is unclear.
4. Counter-notice
If your material was removed or disabled and you believe that was a mistake or misidentification, you may send a counter-notice to copyright@kirak.io containing (17 U.S.C. § 512(g)(3)):
- Identification of the material that was removed and the location where it appeared before removal.
- A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification.
- Your name, address, and telephone number.
- A statement that you consent to the jurisdiction of the US Federal District Court for the judicial district where your address is located (or, if your address is outside the US, any judicial district in which Sizmic may be found), and that you will accept service of process from the person who sent the original notice or their agent.
- Your physical or electronic signature.
If we receive a valid counter-notice, we will forward it to the original complainant and let them know we will restore the material in 10 to 14 business days unless they notify us that they have filed a court action seeking to restrain the alleged infringement.
Knowingly materially misrepresenting in a counter-notice can also create liability under § 512(f).
5. Repeat infringers
We will, in appropriate circumstances and at our discretion, suspend or terminate the accounts of users who are the subject of repeated valid copyright notices.
6. Changes
We may update this policy. The current version is always at kirak.io/legal/copyright.
7. Contact
Copyright notices and counter-notices: copyright@kirak.io
Other intellectual property matters: legal@kirak.io