Michael Benko, doing business as Whimsy Ink ("Whimsy"), respects the intellectual property rights of others and expects users of Whimsy Ink ("the Service") to do the same.
Content generated through the Service is created by artificial intelligence based on user-provided prompts. While our systems filter for known copyrighted characters and trademarked names, no automated system is perfect. Users are solely responsible for reviewing their content and ensuring it does not infringe the intellectual property rights of any third party before publishing or distributing it.
If you believe content on our platform infringes your copyright, you may submit a takedown notice to our designated DMCA agent. Your notice must include all of the following:
1. Your full legal name and contact information (address, phone number, email).
2. Identification of the copyrighted work you claim has been infringed, including proof of ownership or authorization to act on the owner's behalf.
3. Identification of the specific content on our platform that you claim is infringing, with enough detail for us to locate it (title, URL, or description).
4. A description of how the content infringes your work.
5. The following statement: "I have a good faith belief that use of the material described above is not authorized by the copyright owner, its agent, or the law."
6. The following statement: "I declare under penalty of perjury that the information in this notification is accurate and that I am the copyright owner or authorized to act on the copyright owner's behalf."
7. Your physical or electronic signature.
Incomplete notices will not be processed. This is intentional — it protects our users from frivolous or bad-faith takedown requests.
Send DMCA takedown notices to:
DMCA Agent
Michael Benko, d/b/a Whimsy Ink
Email: dmca@trywhimsy.com
[Physical address to be added]
Upon receiving a complete and valid takedown notice:
1. We will remove or disable access to the identified content promptly.
2. We will notify the user who published the content that it has been removed and provide them with a copy of the takedown notice (with the claimant's personal contact information redacted if appropriate).
3. The user may submit a counter-notification (see Section 5).
If you believe your content was removed in error or is not infringing, you may submit a counter-notification. Your counter-notification must include:
1. Your full legal name and contact information.
2. Identification of the content that was removed and its location on the platform before removal.
3. The following statement: "I declare under penalty of perjury that I have a good faith belief that the content was removed as a result of mistake or misidentification."
4. The following statement: "I consent to the jurisdiction of the federal court in [District], and I will accept service of process from the person who filed the original takedown notice."
5. Your physical or electronic signature.
Send counter-notifications to dmca@trywhimsy.com.
Upon receiving a valid counter-notification:
1. We will forward it to the original claimant.
2. If the claimant does not file a court action within 10-14 business days, we will restore the removed content.
3. If the claimant files a court action, the content remains down pending resolution.
We maintain a repeat infringer policy. Users who are the subject of multiple valid DMCA takedown notices may have their accounts suspended or permanently terminated at Whimsy's sole discretion. We track takedown history by account.
Filing a false DMCA takedown notice is perjury under federal law. We take misuse of the takedown process seriously. If we determine that a notice was filed in bad faith, we may restore the content immediately and may pursue available remedies.
Content on this platform is generated by artificial intelligence. AI-generated content may unintentionally contain elements similar to existing copyrighted works. This does not constitute intentional copying. Users are responsible for reviewing their content before publishing. Whimsy is not liable for unintentional similarities between AI-generated content and existing works.
For content concerns that are not copyright-related (content policy violations, inappropriate content, harassment), please use the "Issue with this book?" button on any book page, or contact moderation@trywhimsy.com.
Questions about this policy? Contact dmca@trywhimsy.com.