1. Introduction
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted on October 28, 1998. The DMCA implements two 1996 treaties of the World Intellectual Property Organization (WIPO) and is designed to update copyright laws for the digital age. The DMCA provides a framework for addressing copyright infringement on the internet, including provisions for the removal of infringing content and the protection of service providers under certain conditions. This document outlines the policies and procedures of The Service regarding copyright infringement and the DMCA.
2. Copyright Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Service with a written notification that includes the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and where it is located on The Platform; (iv) your contact information, including your address, telephone number, and email address; (v) 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 copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. Safe Harbor Provision
The DMCA includes a 'safe harbor' provision that protects online service providers from liability for copyright infringement under certain conditions. To qualify for this protection, The Service must not have actual knowledge of infringing material, must not be 'willfully blind' to infringing activity, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification. Additionally, The Service must adopt and implement a policy for terminating accounts of repeat infringers in appropriate circumstances. This framework allows The Service to operate without undue liability while still respecting the rights of copyright holders.
4. Counter-Notice
If material that you have posted on The Platform has been removed due to a copyright infringement notification, you may submit a counter-notice to The Service. A counter-notice must include the following: (i) your physical or electronic signature; (ii) identification of the material that has been removed and the location where it appeared before removal; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification; and (iv) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for the district in which your address is located, or if your address is outside of the United States, for any judicial district in which The Service may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
5. User Responsibilities
Users of The Service are responsible for ensuring that their actions do not infringe upon the copyrights of others. By using The Platform, users agree not to post, upload, or share any content that violates copyright laws. The Service reserves the right to monitor user-generated content and to take appropriate action if copyright infringement is detected, including removing infringing content and terminating user accounts in accordance with the DMCA and its policies.
6. Disclaimer of Warranties
The Service provides The Platform on an 'as is' and 'as available' basis without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Service does not warrant that the functions contained in The Platform will be uninterrupted or error-free, that defects will be corrected, or that The Platform or the server that makes it available are free of viruses or other harmful components. Users acknowledge that they use The Platform at their own risk.
7. Limitation of Liability
In no event shall The Service, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, The Platform; (ii) any conduct or content of any third party on The Platform; (iii) any content obtained from The Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not The Service has been informed of the possibility of such damage.
8. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State in which The Service operates, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these terms shall be brought exclusively in the courts located in that State, and you consent to the jurisdiction of such courts. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9. Changes to This Policy
The Service reserves the right to modify this DMCA policy at any time. Any changes will be effective immediately upon posting the revised policy on The Platform. Users are encouraged to review this policy periodically for any updates. Continued use of The Platform after any changes to this policy constitutes acceptance of those changes.
If you have any questions about this DMCA policy, please contact us at the designated contact information provided on The Platform. We are committed to addressing any concerns regarding copyright infringement and will respond to inquiries in a timely manner.
