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DMCA Policy

Last Updated: June 6, 2026

TheTierMaker respects the intellectual property rights of others. We comply with the Digital Millennium Copyright Act (DMCA), a United States copyright law that provides a process for copyright owners to request removal of infringing content.

This DMCA Policy explains:

  • How copyright owners can report infringing content on our website
  • How users can submit a counter-notice if they believe their content was removed by mistake
  • Our repeat infringer policy

This DMCA Policy supplements our Terms of Service. We respond to valid DMCA notices promptly. We also terminate the accounts of repeat infringers. Copyright infringement also violates our Acceptable Use Policy.

If you believe someone has uploaded your copyrighted work to TheTierMaker without your permission, please follow the instructions below.

What the DMCA Protects

The DMCA protects original works of authorship fixed in a tangible medium. Examples include:

  • Photographs and images
  • Artwork and illustrations
  • Music and sound recordings
  • Videos and movies
  • Written text and articles
  • Software code

The DMCA does NOT protect the following:

  • Ideas or concepts (only their specific expression)
  • Facts or data
  • Works in the public domain
  • Short phrases or slogans

Important for tier lists. If you upload a screenshot from a video game or a photo of a celebrity, you probably do not own the copyright to that image. The game developer or photographer owns it. Only the copyright owner (or their authorized agent) can send a DMCA notice.

Fair use. The DMCA acknowledges fair use (using copyrighted material for commentary, criticism, education, or parody). If your use of an image qualifies as fair use, the copyright owner may not have a valid claim. However, we cannot determine fair use on your behalf. If we receive a valid DMCA notice, we will remove the content and let you file a counter-notice if you believe it was a mistake.

Submitting a DMCA Takedown Notice

If you are a copyright owner (or authorized to act on behalf of one) and believe content on TheTierMaker infringes your copyright, please send our DMCA agent a notice containing the following information.

Required Information (by law)

  1. Your contact information. Include your full name, address, telephone number, and email address.
  2. Description of the copyrighted work. Identify the work you claim has been infringed. Provide enough detail so we can locate it. Examples:
    • "A photograph of a mountain lake I took, first published on my website example.com/photo123"
    • "The song 'Summer Nights' which I registered with the US Copyright Office as registration number SR-123-456"
    • "The character design for 'Captain Hero' from my comic book series"
  3. Location of the infringing content. Provide the specific URL(s) on TheTierMaker where the infringing content appears. For example:
    • thetiermaker.com/templates/12345
    • thetiermaker.com/user/johndoe/tierlist/67890
    We cannot find content based on descriptions like "search for my photo" or "it's in the gaming category." You must provide direct URLs.
  4. A statement of good faith belief. You must state: "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. A statement of accuracy and authorization. You must state: "Under penalty of perjury, the information in this notice is accurate, and I am the copyright owner or authorized to act on behalf of the copyright owner."
  6. Your electronic or physical signature. Type your full name at the bottom. This serves as your signature.

Sample DMCA Takedown Notice

To: TheTierMaker DMCA Agent
Email: dmca@thetiermaker.com

Date: June 6, 2026

1. My contact information:
   Name: John Smith
   Address: 123 Main Street, Los Angeles, CA 90210
   Phone: (555) 123-4567
   Email: john.smith@example.com

2. Copyrighted work(s) being infringed:
   A photograph of a golden retriever playing in snow, first published on my website
   at example.com/dog-snow.jpg on March 15, 2025.

3. Infringing content location(s) on TheTierMaker:
   - thetiermaker.com/templates/golden-retriever
   - thetiermaker.com/user/snowlover/tierlist/abc123

4. Good faith belief 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. Accuracy and authorization statement:
   Under penalty of perjury, the information in this notice is accurate, and I am the
   copyright owner or authorized to act on behalf of the copyright owner.

6. Signature:
   John Smith (electronic signature)

Where to Send Your Notice

Email (preferred): dmca@thetiermaker.com
Mail: (address to be added)

We respond fastest to email. Please include "DMCA Takedown Notice" in the subject line.

What Happens After You Send a Notice

Step 1: We review your notice. We check that it contains all required information. If something is missing, we will email you and ask for the missing information.

Step 2: We remove the content. If your notice is complete and valid, we remove the allegedly infringing content from our website.

Step 3: We notify the user. We contact the user who posted the content. We tell them that we removed their content because of a DMCA notice. We also provide them with a copy of your notice (with your contact information).

Step 4: The user may file a counter-notice. If the user believes we removed their content by mistake, they can file a counter-notice (see below).

How long does it take? We usually remove content within 1–3 business days after receiving a complete and valid notice.

Submitting a DMCA Counter-Notice

If we removed your content because of a DMCA takedown notice, you may file a counter-notice if you believe:

  • You own the copyright (or have permission from the owner)
  • Your use qualifies as fair use
  • The notice was sent by mistake (for example, the copyright owner identified the wrong image)

Required Information for a Counter-Notice

  1. Your contact information. Include your full name, address, telephone number, and email address.
  2. Identification of the removed content. Provide the URL(s) of the content we removed. This should match the URLs in the original takedown notice.
  3. A statement under penalty of perjury. You must state: "Under penalty of perjury, I have a good faith belief that the material was removed as a result of mistake or misidentification."
  4. Consent to jurisdiction. If you live in the United States, you must state: "I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located." If you live outside the United States, you must state: "I consent to the jurisdiction of any judicial district in which TheTierMaker may be found, and I will accept service of process from the person who filed the original DMCA notice."
  5. Your electronic or physical signature.

Sample DMCA Counter-Notice

To: TheTierMaker DMCA Agent
Email: dmca@thetiermaker.com

Date: June 6, 2026

1. My contact information:
   Name: Jane Doe
   Address: 456 Oak Avenue, Chicago, IL 60601
   Phone: (555) 987-6543
   Email: jane.doe@example.com

2. Content removed from TheTierMaker:
   - thetiermaker.com/templates/golden-retriever

3. Statement of good faith belief:
   Under penalty of perjury, I have a good faith belief that the material was removed
   as a result of mistake or misidentification. The photograph in question is my own
   work. I took the photo of my own dog on my own property. I own the copyright.

4. Consent to jurisdiction:
   I consent to the jurisdiction of the Federal District Court for the judicial district
   in which my address is located (Northern District of Illinois).

5. Signature:
   Jane Doe (electronic signature)

What Happens After You Send a Counter-Notice

Step 1: We review your counter-notice. We check that it contains all the required information.

Step 2: We forward it to the original complainant. We send your counter-notice to the person who filed the original DMCA takedown notice.

Step 3: We wait 10–14 business days. The original complainant has 10–14 business days to notify us that they have filed a court action to keep the content restricted.

Step 4: We restore the content. If the original complainant does not file a court action within 14 business days, we restore your content to our website.

Repeat Infringer Policy

We take copyright infringement seriously. We will terminate the accounts of users who are repeat infringers.

What counts as a repeat infringer? A user who has received three (3) valid DMCA takedown notices within any 12-month period.

Exceptions. We do not count:

  • Notices that were withdrawn by the complainant
  • Notices that we determined were invalid
  • Counter-notices that resulted in content being restored

Termination process. When a user reaches three valid strikes:

  • We send a final warning email
  • We suspend the account for 30 days
  • If a fourth notice is received during that period, we permanently terminate the account

Right to terminate earlier. We reserve the right to terminate any account immediately, without waiting for three strikes, for severe or intentional infringement.

Misrepresentations (IMPORTANT)

Under the DMCA, anyone who knowingly misrepresents that content is infringing (sending a false takedown notice) or that content was removed by mistake (sending a false counter-notice) may be liable for damages.

Damages can include: your legal fees, our legal fees, court costs, and actual damages (potentially thousands of dollars).

Example. If you send a DMCA notice claiming ownership of a photo you do not own, you could be sued by the user whose content you removed. Courts have awarded damages in these cases.

Do not send false notices. Only send a DMCA notice if you are certain you own the copyright or are authorized to act on behalf of the owner. If you are unsure, consult an attorney.

Contact Information

For DMCA takedown notices: dmca@thetiermaker.com
For DMCA counter-notices: dmca@thetiermaker.com (same email; indicate "Counter-Notice" in subject line)
For general copyright questions: legal@thetiermaker.com
Our DMCA Agent (legal name and title): [To be added]

Additional Copyright Resources

  • US Copyright Office: copyright.gov (for registering your work)
  • DMCA text (17 USC §512): copyright.gov/title17/92chap5.html#512
  • Copyright law basics: copyright.gov/help/faq/

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