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USER CONTENT & DMCA POLICY

Effective date: 28.05.2026

1. Introduction and Scope

This User Content & DMCA Policy ("Policy") forms an integral part of the Terms of Use of the DonateOpen platform (donateopen.com, "Platform") and applies to all Users. The Platform is operated by DonateOpen Co. (hereinafter — "DonateOpen," "we"). This Policy should be read in conjunction with the Terms of Use, the Privacy Policy, and the Compliance & AML Policy; in the event of any conflict, the Terms of Use shall prevail. By using the Platform, posting any content, or placing any links, you confirm that you have read this Policy and agree to comply with it.

2. Terms and Definitions

This Policy uses the terms defined in the Terms of Use. The following additional definitions apply:

  • Platform — DonateOpen.com website owned, operated and represented by DonateOpen Co.
  • User — any person interacting with the Platform.
  • Creator — a User who creates various content and a creator page on DonateOpen.
  • Donator — a User who sends a donation to a Creator.
  • Guest — a User who makes a donation without creating an account on the Platform.
  • Platform Visitor (Visitor) — a User who browses the Platform without logging in or making donations.
  • Work — an original creative or other result produced by the Creator themselves, in any form and of any genre, strictly in accordance with DonateOpen's rules set out in this Policy and the Terms of Use. The Creator presents a Work on the Platform as a card, which may include a title, description, one image illustrating the Work, year of release, and, optionally, an External Link.
  • User Content (Content) — in this Policy, the terms "User Content" and "Content" are used interchangeably with "Work."
  • External Link — an optional URL leading to an external resource, which the User may (but is not required to) include when posting a Work.

3. What May Be Posted on the Platform and How

3.1. The Platform provides Creators exclusively with a digital interface for presenting their own Works and receiving voluntary donations. A Creator presents a Work as a card, which may include a title, description, one uploaded image illustrating the Work, year of release, and — optionally — an External Link. The Platform hosts only such limited User Content, as well as profile data and comments.

3.2. Creators are permitted to post exclusively their own Works (Content) — that is, results created by the Creator themselves, in any form and of any genre (for example, a drawing, photograph, music, text, source code, design, handmade item, a photograph of an object they created, etc.). The image uploaded to the Platform must illustrate the Creator's own Work and is subject to this Policy, including Section 5 "Prohibited Content," to the same extent as any other Content.

3.3. Including an External Link is not mandatory. A Creator may, at their own discretion, add an External Link to their external resource (for example, YouTube, Substack, or another authored platform). DonateOpen does not host or control the content located at such links.

3.4. The Platform is a space for the voluntary gratuitous support of Creators in recognition of their Works and is not a shop, trading platform, or marketplace. Listing goods or services for sale, as well as conducting or concealing any commercial activity under the guise of Works or donations, is prohibited (see Section 5).

3.5. DonateOpen moderates the Platform and takes action against violations of this Policy: it reviews, restricts access to, hides, and removes violating Content and links, and takes measures against violators. Sole responsibility for posted Content and External Links lies with the person who posted them (the Creator). DonateOpen bears no liability for following External Links provided by authors on the Platform — all liability lies with the author. If you notice a violation, please report it to us at support@donateopen.com.

4. Ownership and Accuracy of Content

By posting User Content, the User represents and warrants that:

  • they have reached the minimum age required to use the Platform under the Terms of Use; User Content may not be posted by persons who have not reached such age;
  • they are the author or lawful rights holder of all Content and Works they post — whether uploaded directly to the Platform or accessible via External Links — or hold all necessary rights, consents, and licenses for their posting;
  • the Works posted are the User's own original output and belong to the account holder; posting another person's Works or Content as one's own (falsely claiming authorship) is prohibited;
  • the uploaded image genuinely illustrates the Creator's own Work and is not used to post extraneous, commercial, advertising, or prohibited Content;
  • the information about the User in their profile is accurate; falsification of personal information, impersonation of another individual, organization, or their representative, and misleading Donators as to the Creator's identity, the nature of the Works, or the purpose of fundraising are prohibited;
  • External Links (if included) lead to resources belonging to the User and do not violate this Policy;
  • the Content posted does not infringe the rights of third parties or applicable law.

5. Prohibited Content

It is strictly prohibited to post, upload, link to, promote, or otherwise distribute on the Platform — in any form (work title or description, uploaded image, text, External Link, comment, name, nickname, or profile data) — Content falling into any of the following categories:

  • Child sexual abuse material. Any material depicting, sexualizing, or involving minors in sexual acts (CSAM), as well as any content facilitating such acts. A zero-tolerance policy applies: such content is removed immediately, the account is blocked without warning, and the matter is referred to the competent authorities (including, in the USA, the National Center for Missing & Exploited Children, NCMEC).
  • Pornography and sexually explicit content (18+). Pornographic material, sexually explicit content and sexual services, as well as any content facilitating or advertising prostitution, escort services, or sex trafficking.
  • Terrorist and violent extremist content. Propaganda, glorification, support, or financing of terrorism and violent extremism; recruitment; symbols of banned organizations.
  • Hate speech and discrimination. Content that incites hatred, hostility, or discrimination on the grounds of race, nationality, ethnic origin, religion, sex, gender, sexual orientation, disability, age, or any other protected characteristic.
  • Violence and shock content. Incitement to violence, threats, content glorifying violence, depictions of cruelty, grossly violent or shocking content, and animal cruelty.
  • Harassment and invasion of privacy. Harassment, bullying, threats, intimidation, and doxxing (publishing private information about third parties without their consent).
  • Fraud and deception. Any fraudulent schemes, deception, phishing, pyramid schemes, Ponzi schemes, multi-level marketing schemes exhibiting pyramid characteristics, fake or misleading fundraisers and "charitable" campaigns, and misrepresentation of fictitious purposes as real ones.
  • Malicious and deceptive technical content. Viruses, trojans, and other malicious code; malicious and phishing links; hidden redirects and link cloaking; links leading to content other than that represented.
  • Intellectual property infringement. Pirated or counterfeit content; material infringing the copyright, trademarks, or other intellectual property rights of third parties (see Section 9 "Notice of Copyright Infringement").
  • Illegal goods and services. Narcotic substances, weapons, prescription drugs, forged documents, stolen data, and any other goods and services whose circulation is prohibited or restricted by law.
  • Goods and services for sale; commercial activity under the guise of donations. The Platform is designed for the voluntary gratuitous support of Creators for their Works and is not a shop, trading platform, or marketplace. It is prohibited to: offer, advertise, or sell goods, works, or services through the Platform; make the receipt of a donation contingent upon the delivery to the Donator of a good, service, reward, or other consideration; represent payment for goods or services as a donation; use uploaded images, Work descriptions, profile data, or donations to conduct or conceal any commercial, trading, or entrepreneurial activity; and collect funds for purposes unrelated to the Creator's own Works. A donation is a unilateral gratuitous act of support and does not entitle the Donator to demand any good, service, or other consideration (see Terms of Use).
  • Gambling and lotteries. Organizing or promoting gambling, lotteries, totalizers, and prize draws requiring licensing.
  • Content harmful to health and life. Promotion of self-harm, suicide, eating disorders, and dangerous challenges; misleading information capable of causing harm to health or life.
  • Sanctions and export control violations. Content and activities that violate applicable sanctions regimes and export control measures (see Compliance & AML Policy).
  • Spam and intrusive advertising. Spam, intrusive advertising, and mass automated posting.
  • Other unlawful content. Any other content that violates applicable law or the rights of third parties.

6. Prohibited Actions with Links and Prohibited Conduct

In addition to the prohibition on posting prohibited content, the following are prohibited on the Platform:

  • placing External Links leading to any content listed in Section 5, or to malicious or phishing resources;
  • using the link mechanism to circumvent this Policy or to distribute prohibited content;
  • disguising the destination of a link, altering its content after publication, or using redirects for the purpose of deception;
  • using another person's account, granting third parties access to one's own account, or impersonating another person (see Compliance & AML Policy);
  • collecting data on other Users without a legal basis, and using scraping or other automated data collection tools (see Terms of Use).

7. External Links and User Liability

DonateOpen provides a technical interface for Users to post limited Content (including uploaded images, Work titles, and descriptions) and moderates such Content, taking action against violations of this Policy. At the same time, DonateOpen does not endorse, verify, or guarantee the content, legality, accuracy, or security of Content posted by Users. External resources to which External Links lead are not hosted or controlled by DonateOpen, and DonateOpen cannot moderate their content, legality, security, or availability.

Notwithstanding the moderation measures taken by DonateOpen, DonateOpen cannot review all Content prior to publication and does not guarantee the detection of every violation; this does not impose on DonateOpen any liability for Content that has not yet been identified and removed, nor does it relieve the User of liability. DonateOpen bears no liability for any damage, loss, or claims arising in connection with Content posted by a User, following External Links, or using external resources, and may at any time, without prior notice, remove any Content or External Link or restrict access to it.

By posting User Content and External Links, the User (primarily the Creator) assumes full and sole responsibility, including for:

  • the legality, accuracy, and substance of all User Content they post — whether uploaded directly to the Platform (including images, Work titles and descriptions, profile data, and comments) or accessible via External Links — both at the time of posting and thereafter;
  • holding all necessary rights, consents, and licenses with respect to the posted content and Works, and ensuring the absence of any infringement of intellectual property rights or other rights of third parties;
  • the accuracy of the information about themselves in their profile and the absence of any misleading of Donators or other persons;
  • any statements, promises, descriptions, and commitments the Creator makes on their page or in connection with their activities, and for the fulfillment thereof;
  • any relationships, disputes, and claims between the Creator and Donators, and between the User and any third parties in connection with the posted content or Works;
  • compliance with applicable law, including tax law, and payment of any taxes due on donations received (see Terms of Use);
  • any damage, losses, penalties, and claims of third parties or governmental authorities arising as a result of the content posted by the User, External Links, or the User's actions on the Platform.

DonateOpen provides only a technical interface, is not a party to the relationship between the Creator and Donators, and bears no liability for the matters listed above (see Terms of Use). The User agrees to indemnify DonateOpen and hold it harmless from any third-party claims arising in connection with the User's violation of this Policy or applicable law.

8. Moderation and Response Measures

8.1. DonateOpen moderates Content on the Platform and takes action against violations: at its sole discretion, it reviews, restricts access to, hides, or removes any Content and links that violate this Policy or applicable law, and takes measures against violators.

8.2. DonateOpen reserves the right, unilaterally, without prior notice or explanation, to suspend or delete the account of any User who violates this Policy (see Terms of Use).

8.3. Deletion of an account or content on the Platform means the termination of access to the technological interface and does not affect the User's funds, which DonateOpen does not hold or control (see Terms of Use).

8.4. Violations of this Policy, fraud, or unlawful content may be reported to: support@donateopen.com.

9. Notice of Copyright Infringement (DMCA Notice-and-Takedown)

DonateOpen respects intellectual property rights and operates in accordance with the United States Digital Millennium Copyright Act (17 U.S.C. § 512) and other applicable law.

9.1. Submitting a Takedown Notice. If you are a rights holder (or their authorized representative) and believe that material posted on the Platform or an External Link infringes your copyright, please submit a written notice to support@donateopen.com with the subject line "DMCA." The notice must include:

  • a physical or electronic signature of the rights holder or a person authorized to act on their behalf;
  • identification of the copyrighted work that is allegedly being infringed;
  • identification of the material that is allegedly infringing and information reasonably sufficient to locate it on the Platform (including the URL);
  • your contact information (name, address, telephone number, and email address);
  • a statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the rights holder, its agent, or the law;
  • a statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

9.2. Platform Response. Upon receipt of a valid notice, DonateOpen will, within a reasonable time, remove the relevant material or link or restrict access to it, and will, where necessary, notify the User who posted it. Since the Platform primarily hosts links rather than works themselves, we also recommend contacting the operator of the relevant external resource directly in order to have content hosted there removed.

9.3. Counter-Notification. A User whose content has been removed may submit a counter-notification to the same address, containing: their signature; identification of the removed material and the location where it previously appeared; a statement, made under penalty of perjury, of a good-faith belief that the material was removed as a result of mistake or misidentification; the User's contact information and consent to the jurisdiction of the competent court.

9.3. Counter-Notification. A User whose content has been removed may submit a counter-notification to the same address, containing: their signature; identification of the removed material and the location where it previously appeared; a statement, made under penalty of perjury, of a good-faith belief that the material was removed as a result of mistake or misidentification; the User's contact information and consent to the jurisdiction of the competent court.

9.4. Repeat Infringer Policy. In accordance with 17 U.S.C. § 512(i), DonateOpen has adopted and reasonably implements a policy of terminating, in appropriate circumstances, the accounts of Users who are repeat infringers of copyright. DonateOpen considers a User to be a repeat infringer where multiple valid DMCA takedown notices have been received and upheld in respect of content posted by that User, or where a User repeatedly posts content that DonateOpen determines, at its sole discretion, to constitute copyright infringement. Account termination under this policy is carried out in accordance with Section 8 of this Policy and Section 9 of the Terms of Use.

9.5. Designated agent. DonateOpen has designated an agent with the United States Copyright Office for the receipt of notifications of claimed infringement in accordance with 17 U.S.C. § 512(c)(2). Contact information for the designated agent is as follows: DonateOpen Co., 16192 Coastal Hwy, Lewes, DE 19958, USA; email: support@donateopen.com. DonateOpen maintains a current designation with the Copyright Office and updates it as required by applicable law.

10. Platform Disclaimer

The Platform and all User Content are provided on an "AS IS" and "AS AVAILABLE" basis. DonateOpen takes measures to moderate Content; however, it does not guarantee that all User Content and external resources comply with this Policy or applicable law at all times. To the maximum extent permitted by applicable law, DonateOpen bears no liability for User Content, for Works, or for any content accessible via External Links, nor for any actions of Users. The limitations of liability and disclaimer provisions set out in the Terms of Use apply to this Policy in full.

11. Changes to This Policy

DonateOpen reserves the right to update this Policy. The current version is published on the Platform; Users will be notified of material changes in the manner provided for in the Terms of Use. Continued use of the Platform after the changes take effect constitutes acceptance of the updated Policy.

12. Contact Information

For any questions relating to this Policy or to report violations, please contact:

DonateOpen Co.

Address: 16192 Coastal Hwy, Lewes, DE 19958, USA

Email: support@donateopen.com