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 framework for addressing copyright infringement on the internet, including provisions for safe harbor for online service providers, rules for the removal of infringing content, and penalties for copyright infringement. This document outlines the policies and procedures that The Service adheres to in compliance with the DMCA.
2. Safe Harbor Provisions
Under the DMCA, online service providers (OSPs) may qualify for safe harbor protections, which shield them from liability for copyright infringement committed by users of their services, provided that they meet certain criteria. To qualify for safe harbor, The Service must not have actual knowledge of infringing activity, must not be 'willfully blind' to such activity, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification from a copyright owner. This means that The Service is not liable for user-generated content that infringes on copyright, as long as it adheres to the DMCA's requirements.
3. Notification of Infringement
If you believe that your copyrighted work has been infringed upon by content available on The Service, you may submit a notification to our designated copyright 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, 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, a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, and a statement that the information in the notification is accurate, under penalty of perjury.
4. Counter-Notification
If you believe that your material was 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 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 a mistake or misidentification, your name, address, and 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 of infringement.
5. Rights and Liabilities
The DMCA establishes a balance between the rights of copyright owners and the rights of users. While copyright owners have the right to protect their works from unauthorized use, users also have the right to express themselves and share information. The Service is committed to respecting the rights of copyright owners while also ensuring that users can engage with content freely. However, failure to comply with the DMCA can result in significant liabilities for both The Service and its users, including potential legal action and financial penalties.
6. Repeat Infringer Policy
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 notified of infringing activity more than twice and has continued to engage in such activity. This policy is in place to protect the rights of copyright owners and to ensure that The Service remains in compliance with the DMCA. Users are encouraged to respect the intellectual property rights of others and to refrain from uploading or sharing content that infringes on those rights.
7. Disclaimer of Warranties
The Service provides its platform and services 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, the content, or the information provided through the platform. 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.
8. 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 Service. Users are encouraged to review this policy periodically for any updates or changes. Continued use of The Service following the posting of changes constitutes acceptance of those changes. If you do not agree to the terms of this policy, you must cease using The Service.
If you have any questions about this DMCA policy, or if you wish to submit a notification of infringement or a counter-notification, please contact our designated copyright agent at the contact information provided on The Service. We are committed to addressing any concerns regarding copyright infringement and will respond to all inquiries in a timely manner.
