1. Introduction
The Digital Millennium Copyright Act (DMCA) is a significant piece of legislation that was enacted in the United States in 1998 to address the challenges posed by the digital age to copyright law. The DMCA provides a framework for the protection of copyrighted materials on the Internet and establishes a safe harbor provision that allows online service providers (OSPs) to limit their liability for infringing content uploaded by users, provided they comply with certain requirements. This document outlines the policies and procedures that The Service adheres to in order to comply with the DMCA, including the process for reporting alleged copyright infringements and the rights of users and copyright holders.
2. Safe Harbor Provisions
Under the DMCA, online service providers can qualify for safe harbor protection if they meet specific criteria. To qualify for safe harbor, The Service must not have actual knowledge of infringing material, must not be aware of facts or circumstances that would make the infringing activity apparent, and must act expeditiously to remove or disable access to the infringing material upon receiving proper notification. This provision encourages OSPs to take a proactive role in addressing copyright infringement while also protecting them from liability for user-generated content.
3. Reporting Copyright Infringement
If you believe that your copyrighted work has been infringed upon by content available through The Service, you may submit a notification of claimed infringement to our designated agent. Your notification must include the following information: a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing and information reasonably sufficient to permit The Service to locate the material; your contact information, including your address, telephone number, and email address; a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, under penalty of perjury.
4. Counter-Notices
If you believe that your material was removed or disabled by mistake or misidentification, you may submit a counter-notice to The Service. A counter-notice must include your physical or electronic signature, identification of the material that has been removed or to which access has been disabled, 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, your name, address, telephone number, and a statement consenting to the jurisdiction of the Federal District Court for the judicial 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 of claimed infringement.
5. User Rights and Responsibilities
Users of The Service are encouraged to respect the intellectual property rights of others. By using The Service, users agree not to upload, post, or otherwise transmit any content that infringes on the copyright, trademark, or other intellectual property rights of any third party. Users are responsible for ensuring that they have the necessary rights and permissions to use any content they upload or share on The Service. Failure to comply with these obligations may result in the removal of content and potential termination of access to The Service.
6. Liability Limitations
The Service is not liable for any damages arising from the use of or inability to use the content available on the platform, including but not limited to direct, indirect, incidental, punitive, and consequential damages. The limitations of liability apply to the fullest extent permitted by law. Users acknowledge that The Service does not endorse any content or any opinion, recommendation, or advice expressed therein, and that The Service is not responsible for any errors or omissions in such content.
7. Changes to DMCA 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 Service. Users are encouraged to review this policy periodically to stay informed about how The Service is protecting their rights and the rights of copyright holders. Continued use of The Service after any changes to this policy constitutes acceptance of those changes.
For any questions regarding this DMCA policy, or to submit a notification of claimed infringement or a counter-notice, please contact our designated agent at the contact information provided on The Service. We take copyright infringement seriously and will respond promptly to any valid notices received in accordance with the DMCA.
9. Disclaimer
This DMCA policy is provided for informational purposes only and does not constitute legal advice. Users should consult with a qualified attorney for advice regarding their specific legal rights and obligations. The Service does not guarantee that the information contained in this policy is accurate, complete, or up to date. The Service is not responsible for any errors or omissions in this policy or for any actions taken in reliance on the information provided herein.
