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 law for the digital age. The DMCA provides a safe harbor for online service providers (OSPs) from liability for copyright infringement by their users, provided that they comply with certain requirements. This document outlines the procedures and policies that The Service adheres to in order to comply with the DMCA and to protect the intellectual property rights of copyright holders.
2. Safe Harbor Provisions
Under the DMCA, online service providers may qualify for safe harbor protection if they meet specific criteria. To qualify, The Service must not have actual knowledge of infringing material or be 'aware of facts or circumstances from which infringing activity is apparent.' Moreover, upon obtaining such knowledge, The Service must act expeditiously to remove or disable access to the infringing material. The Service also must not receive a financial benefit directly attributable to the infringing activity, provided that The Service is not in a position to control such activity. This provision encourages service providers to take proactive measures to protect copyright holders while allowing them to operate without fear of liability.
3. Notification of Claimed Infringement
If you believe that your copyrighted work has been infringed on The Service, you may submit a notification to our designated agent. The notification must include a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. It must identify the copyrighted work claimed to have been infringed, describe the location of the infringing material on The Service, provide your contact information, and include 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. Upon receipt of a valid notification, The Service will take appropriate action to remove or disable access to the infringing material.
4. Counter-Notification
If you believe that your material has been removed or disabled by mistake or misidentification, you may submit a counter-notification to The Service. The counter-notification must include your physical or electronic signature, identification of the material that has been removed or 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 a mistake or misidentification, your contact information, 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 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. Upon receipt of a valid counter-notification, The Service will restore the material in question within a reasonable time frame.
5. Repeat Infringer Policy
The Service has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. A repeat infringer is defined as a user who has been notified of infringing activity more than twice and has continued to engage in such activity. The Service reserves the right to terminate accounts or access to The Platform of users who violate this policy, in addition to any other remedies available under the law. This policy is intended to protect the rights of copyright holders and to ensure that The Service remains a safe and legal platform for all users.
6. Disclaimer of Liability
The Service is not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to any content on The Platform, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via The Service. The Service does not endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via The Platform, and will not be liable for any reliance on such content or communications.
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. It is the responsibility of users to review this policy periodically for any updates or changes. Continued use of The Service following the posting of any changes constitutes acceptance of those changes. If you do not agree with the changes, you must cease using The Service immediately.
If you have any questions about this DMCA policy, please contact us at the designated agent's contact information provided on The Platform. We are committed to addressing any concerns regarding copyright infringement and will respond promptly to any inquiries. Your feedback is important to us, and we appreciate your cooperation in helping us maintain a lawful and respectful environment for all users.
