DMCA Policy

Overview

Orca respects the intellectual-property rights of others and expects users to do the same. This policy explains how to send Orca a notice of copyright infringement under the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) and how to file a counter-notice if your content was removed by mistake.

Designated agent

Send DMCA notices and counter-notices to our Designated Agent:

How to file a takedown notice

Your written notice must contain all six elements required by 17 U.S.C. § 512(c)(3):

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right.
2. Identification of the copyrighted work claimed to have been infringed (for a representative list if multiple works are covered).
3. Identification of the material that is claimed to be infringing and that should be removed, with information reasonably sufficient to locate it (server name, URL, file path, in-game coordinates if applicable, screenshots).
4. Your contact information: name, address, telephone number, and email address.
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right.

Send the notice to dmca@orcaclient.com. Notices missing required elements may be deemed invalid.

What happens after we receive a notice

• We review the notice for completeness, usually within 3 business days.
• If valid, we remove or disable access to the identified material and notify the user who posted or hosted it, including a copy of the notice.
• We log the action against the user's account for our repeat-infringer policy.

Counter-notice procedure

If you believe your content was removed by mistake or misidentification, you may send a counter-notice under 17 U.S.C. § 512(g). It must include:

1. Your physical or electronic signature.
2. Identification of the material that was removed and the location where it appeared before removal.
3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, the United States District Court for the District of Delaware), and that you will accept service of process from the person who provided the original DMCA notice or their agent.

Send the counter-notice to dmca@orcaclient.com. If we receive a valid counter-notice, we will forward it to the original complainant. Unless they file a court action seeking a restraining order within 10 to 14 business days, we may restore the removed material.

Repeat-infringer policy

Orca terminates accounts of users we determine to be repeat infringers. Our threshold is three (3) validated DMCA noticesagainst the same account within any rolling 12-month window. We may terminate sooner for clear and severe infringement, and we count counter-noticed strikes that are then dropped or resolved in the user's favor as not validated.

Misrepresentations

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages. Submit notices and counter-notices in good faith.

Trademark complaints

For trademark infringement complaints, email legal@orcaclient.com with the registered mark, jurisdiction, registration number, identification of the allegedly infringing material on Orca, and a good-faith explanation of how the use infringes. We review and act case by case.