1. Introduction
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted on October 28, 1998. It implements two 1996 treaties of the World Intellectual Property Organization (WIPO) and is designed to update copyright law for the digital age. The DMCA addresses the rights and responsibilities of online service providers and copyright owners, providing a framework for the protection of copyrighted material on the internet. This document outlines the policies and procedures that govern the handling of copyright infringement claims related to the content available on The Service.
2. Copyright Infringement Claims
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 in the DMCA, including a description of the copyrighted work, the location of the infringing material, your contact information, and a statement under penalty of perjury that you are the copyright owner or authorized to act on behalf of the owner. Upon receipt of a valid notice, The Service will take appropriate action to remove or disable access to the infringing material.
3. Safe Harbor Provision
The DMCA provides a 'safe harbor' provision that protects online service providers from liability for copyright infringement, provided they meet certain criteria. To qualify for safe harbor, The Service must not have actual knowledge of infringement, must not be aware of facts or circumstances that make infringing activity apparent, and must act expeditiously to remove or disable access to infringing material upon receiving a proper notice. This provision encourages service providers to cooperate with copyright owners while limiting their liability for user-generated content.
4. Counter-Notices
If material that you posted on The Service has been removed due to a copyright infringement claim, you may file a counter-notice with our designated agent. The counter-notice must include your name, address, and a statement under penalty of perjury that you believe the material was removed by 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 infringing activity.
5. User Responsibilities
Users of The Service are responsible for ensuring that their content does not infringe upon the copyrights of others. By uploading or posting content, users represent and warrant that they have the necessary rights to do so and that such content complies with all applicable laws and regulations. The Service reserves the right to remove any content that it believes, in its sole discretion, violates copyright law or the rights of any third party.
6. Repeat Infringer Policy
In accordance with the DMCA, The Service maintains 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 the subject of multiple copyright infringement claims resulting in the removal of infringing material. The Service reserves the right to take appropriate action against such users, including suspension or termination of their accounts.
7. Disclaimer of Warranties
The Service provides its platform and content on an 'as-is' basis without any warranties of any kind, either express or implied. The Service does not guarantee that the content available on the platform is free from infringement or that it is accurate, reliable, or suitable for any purpose. Users are encouraged to conduct their own research and seek legal advice if they have questions regarding copyright law or the use of content on The Service.
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 Service. Users are encouraged to review this policy periodically to stay informed about how The Service is addressing copyright issues. Continued use of The Service following the posting of changes constitutes acceptance of those changes.
For any questions regarding this DMCA policy or to submit a notice of claimed infringement, please contact our designated agent at the address provided on The Service. All inquiries will be addressed in accordance with the provisions of the DMCA and applicable law.
