Abuse and DMCA Policy

Effective date: pending publication

Draft - pending legal reviewThis document is an internal draft and is not yet in effect. It has not been reviewed by a lawyer and must not be relied upon. Bracketed placeholders (legal entity, registered address, governing-law jurisdiction, and the DMCA designated agent) must be confirmed by counsel before this page is published.

Nostalyia provides private photo storage. Each instance is private to its owner, and we do not monitor or scan the content customers store. We act on abuse reports and on valid legal process, and we comply with our legal obligations, including those described below. This policy supplements our Terms of Service.

Reporting abuse

To report content or activity on Nostalyia that you believe violates our Terms or the law, email abuse@nostalyia.im with as much detail as you can, including links or identifiers and a description of the issue. We review reports and take appropriate action, which may include suspending or terminating an account.

Copyright and the DMCA

We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (DMCA). If you believe content stored on Nostalyia infringes your copyright, send a written notice to our designated agent at dmca@nostalyia.im that includes the elements required by 17 U.S.C. 512(c)(3):

your physical or electronic signature;
identification of the copyrighted work you claim has been infringed;
identification of the material you claim is infringing, with enough detail for us to locate it;
your contact details (name, address, telephone, and email);
a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and
a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We will remove or disable access to material that is the subject of a valid notice and will notify the affected customer, who may submit a counter-notice as permitted by the DMCA. We terminate the accounts of repeat infringers in appropriate circumstances. Our designated DMCA agent is [DMCA DESIGNATED AGENT NAME], [REGISTERED BUSINESS ADDRESS] (to be registered with the U.S. Copyright Office before launch).

DMCA counter-notice

If your material was removed or disabled and you believe this was a mistake or misidentification, you may send a counter-notice to dmca@nostalyia.im that includes the elements required by 17 U.S.C. 512(g)(3):

your physical or electronic signature;
identification of the material that was removed or disabled and the location where it appeared before it was removed;
a statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;
your name, address, and telephone number; and
a statement that you consent to the jurisdiction of the federal district court for the judicial district of your address (or, if outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who filed the original notice or that person's agent.

On receipt of a valid counter-notice, we may restore the material in 10 to 14 business days unless the original complainant notifies us that they have filed a court action seeking to keep the material from being restored.

Child sexual abuse material (CSAM)

We have zero tolerance for child sexual abuse material. Uploading, storing, or sharing CSAM, or any content that sexually exploits or endangers a minor, is strictly prohibited and results in immediate termination. As a U.S.-based provider, when we become aware of apparent CSAM on the Service we are required by federal law (18 U.S.C. 2258A) to report it to the National Center for Missing and Exploited Children (NCMEC) through the CyberTipline, and to preserve the related material and records as the law requires. We cooperate with NCMEC and with law enforcement in these matters. To report suspected CSAM on Nostalyia, contact abuse@nostalyia.im immediately.

Law-enforcement and legal requests

We respond to valid legal process (such as subpoenas, court orders, and warrants) in accordance with applicable law. Because each customer instance is private, we do not have routine access to its contents, and our response is limited to the information lawfully available to us. Law-enforcement requests can be sent to legal@nostalyia.im.