1. Introduction
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted in 1998. The DMCA implements two 1996 treaties of the World Intellectual Property Organization (WIPO) and is designed to update copyright law for the digital age. The DMCA provides a framework for copyright owners to protect their works online and establishes a 'safe harbor' for online service providers (OSPs) to avoid liability for copyright infringement, provided they comply with certain requirements. This document outlines the procedures for reporting copyright infringement on The Service, as well as the rights and responsibilities of users and copyright owners.
2. Safe Harbor Provisions
Under the DMCA, online service providers may qualify for safe harbor protection, which shields them from liability for infringing content uploaded by users, as long as they adhere to specific guidelines. To qualify for safe harbor, The Platform must not have actual knowledge of infringing material and must act expeditiously to remove or disable access to infringing content when it becomes aware of it. Additionally, The Service must have a designated agent to receive notifications of claimed infringement, and it must implement a policy for terminating repeat infringers.
3. Reporting Copyright Infringement
If you believe that your copyrighted work has been infringed upon on The Service, you may submit a notification of claimed infringement to our designated agent. The notification must include specific information as outlined by the DMCA, including a description of the copyrighted work, the location of the infringing material, your contact information, and a statement of good faith belief that the use of the material is not authorized by the copyright owner. Upon receipt of a valid notice, The Service will take appropriate action, which may include removing or disabling access to the infringing material.
4. Counter-Notices
If you believe that your material has been removed or disabled by mistake or misidentification, you may submit a counter-notice to our designated agent. The counter-notice must include your name, address, and a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. Upon receipt of a valid counter-notice, The Service may restore the material in question within 10 to 14 business days unless the original complainant files a lawsuit seeking a court order to restrain the alleged infringer.
5. User Responsibilities
Users of The Service are responsible for ensuring that their content does not infringe upon the intellectual property rights of others. By using The Platform, users agree not to upload, post, or otherwise transmit any content that violates copyright, trademark, or other proprietary rights. Users are encouraged to respect the rights of copyright holders and to seek permission before using any copyrighted material. Failure to comply with these responsibilities may result in the removal of infringing content and potential termination of access to The Service.
6. Limitation of Liability
The Service, its owners, and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to any content on The Platform, including but not limited to any claims of copyright infringement. The liability of The Service for any claims arising from the use of the site shall be limited to the maximum extent permitted by law. Users acknowledge that they use The Service at their own risk and that The Platform does not guarantee the accuracy, reliability, or completeness of any content.
7. 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 to stay informed about our practices regarding copyright infringement. Continued use of The Service following the posting of changes constitutes acceptance of those changes. If any provision of this policy is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.
If you have any questions or concerns regarding this DMCA policy or if you wish to submit a notice of claimed infringement or a counter-notice, please contact our designated agent at the address provided on The Service. We are committed to addressing any copyright concerns promptly and in accordance with the DMCA. Please include all necessary information in your communication to ensure a timely response.
