Legal
Copyright Policy
Practitioners on Divina share their own words, photos, and artwork, and we want that work respected. We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. This policy explains how to report something, how to respond if your content was removed, and what happens to people who infringe again and again.
Reporting infringement
If you believe something on Divina — a listing, photo, profile, message, review, or proof media — infringes a copyright you own or are authorized to act for, send a written notice to our designated agent. To be valid, your notice must include:
- Your physical or electronic signature (typing your full legal name counts).
- A description of the copyrighted work you believe was infringed — or, if several works are covered by one notice, a representative list of them.
- The material you want removed, with enough detail for us to find it — the URL of the listing, shop, or page is best.
- Your contact information: name, postal address, phone number, and email.
- A statement that you have a good-faith belief that the use is not authorized 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 are authorized to act on the owner's behalf.
Notices that leave out these elements may not be acted on. Please don't use this process for things that aren't about copyright — for anything else, including trademark concerns, email support@divinaapp.com.
Where to send it
Our designated agent for copyright notices is:
Brooke Builds Stuff LLC
Attn: Copyright Agent
418 Broadway Ste N
Albany, NY 12207
Email: copyright@divinaapp.com
Email is fastest. When we receive a valid notice, we remove or disable access to the material promptly and let the person who posted it know, including a copy of the notice.
Counter-notice
If your content was removed and you believe that was a mistake — because you own it, have permission to use it, or the use is otherwise lawful — you can send a counter-notice to the same agent. It must include:
- Your physical or electronic signature.
- A description of the material that was removed and 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, postal address, and phone number.
- A statement that you consent to the jurisdiction of the federal district court for the judicial district where your address is (or, if you are outside the United States, any judicial district in which Divina may be found), and that you will accept service of process from the person who sent the original notice or their agent.
When we receive a valid counter-notice, we forward it to the person who sent the original notice. If they don't tell us within 10 business days that they have filed a court action to keep the material down, we may restore it within 10 to 14 business days after we received your counter-notice.
Repeat infringers
We terminate, in appropriate circumstances, the accounts of people who repeatedly infringe others' copyrights. An account that is the subject of repeated valid notices — or that we otherwise find is repeatedly posting infringing material — may have its listings removed and its shop or account suspended or closed. A notice that is successfully countered does not count toward this.
False claims
Under 17 U.S.C. § 512(f), anyone who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and attorneys' fees. If you're not sure whether something infringes your rights, please talk to a lawyer before sending a notice.
Contact
Copyright notices go to copyright@divinaapp.com. Anything else? Email support@divinaapp.com.