1. Introduction
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The DMCA is designed to protect the rights of copyright holders while also providing a framework for users to address copyright infringement. This document outlines the DMCA policy for The Service, detailing the procedures for reporting copyright infringement and the rights and responsibilities of both the copyright holders and users of The Platform.
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 information reasonably sufficient to permit The Service to locate the material; (iv) your contact information, including your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use 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 the copyright interest.
3. Safe Harbor Provision
The DMCA provides a 'safe harbor' provision that protects online service providers from liability for copyright infringement committed by their users, provided that the service providers comply with certain requirements. To qualify for this safe harbor, 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. This means that The Service is not liable for user-generated content unless it is aware of the infringement and fails to act.
4. Counter-Notification
If material that you have posted on The Platform has been removed due to a copyright infringement notification, you may submit a counter-notification. To be effective, the counter-notification must include: (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 a 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 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 or an agent of such person.
5. User Responsibilities
Users of The Service are responsible for the content they upload, post, or otherwise make available on The Platform. By using The Service, users agree to comply with all applicable copyright laws and to refrain from infringing the rights of any third party. Users should be aware that copyright infringement can lead to civil and criminal penalties, including monetary damages and imprisonment. The Service reserves the right to terminate the accounts of users who violate copyright laws or who repeatedly infringe the copyrights of others.
6. Disclaimer of Warranties
The Service is provided on an 'as is' and 'as available' basis. The Service makes no representations or warranties of any kind, express or implied, regarding the operation of The Platform or the information, content, materials, or products included on The Service. To the fullest extent permissible by applicable law, The Service disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Service does not warrant that The Platform will be uninterrupted or error-free, and The Service will not be liable for any interruptions or errors.
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, but not limited to, 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 Service; (iii) any content obtained from The Service; 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. Changes to This 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 Platform. Your continued use of The Service following the posting of changes constitutes your acceptance of such changes. It is your responsibility to review this DMCA policy periodically for updates. If you do not agree to the revised policy, you must cease using The Service.
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.
