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 provides a framework for copyright owners to protect their works online and offers certain protections to online service providers. This document outlines the procedures for reporting copyright infringement on The Service and details the rights and responsibilities of both copyright owners and users of The Service.
2. Legal Framework
Under the DMCA, copyright owners have the right to request the removal of infringing content from online platforms. The law provides a 'safe harbor' provision for online service providers, meaning they can avoid liability for infringing content uploaded by users, provided they comply with specific requirements. These requirements include having a designated agent to receive notifications of claimed infringement, responding expeditiously to such notifications, and not having actual knowledge of infringing material. This framework aims to balance the interests of copyright holders and the need for free expression online.
3. Reporting Infringement
If you believe that your copyrighted work has been infringed on The Service, you may submit a notification to our designated copyright agent. The notification must include the following information: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; 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 in the manner complained of 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 has been removed by mistake or misidentification, you may submit a counter-notice to our designated copyright agent. The counter-notice must include your physical or electronic signature; identification of the material that has been removed and the location at which the material appeared before it was removed; 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; and your contact information, including your address, telephone number, and email address. Upon receipt of a valid counter-notice, The Service will restore the material in question, unless the copyright owner files an action seeking a court order against you.
5. Safe Harbor Provisions
The safe harbor provisions of the DMCA protect The Service from liability for infringing content uploaded by users, provided that The Service does not have actual knowledge of the infringement and acts expeditiously to remove or disable access to infringing material upon receiving proper notification. To maintain this protection, The Service must also implement a policy for terminating repeat infringers and must accommodate and not interfere with standard technical measures used by copyright owners to protect their works.
6. Rights and Responsibilities
The DMCA establishes a framework that delineates the rights and responsibilities of both copyright owners and users of The Service. Copyright owners are empowered to protect their works and seek redress for unauthorized use, while users are granted the ability to contest claims of infringement through counter-notices. Both parties are encouraged to engage in good faith communication to resolve disputes amicably and to respect the intellectual property rights of others.
7. Disclaimer of Warranties
The Service is provided on an 'as is' and 'as available' basis. The Platform makes no representations or warranties of any kind, express or implied, regarding the operation of The Service 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 Service, its servers, or email sent from The Service are free of viruses or other harmful components.
8. Limitation of Liability
In no event shall The Service, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of The Service, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, even if advised of the possibility of such damages. This limitation of liability applies to the fullest extent permitted by law and is a fundamental element of the basis of the bargain between you and The Service.
9. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which The Service operates, without regard to its conflict of law principles. Any disputes arising out of or relating to these terms shall be resolved exclusively in the courts located within that jurisdiction, and you consent to the jurisdiction of such courts.
10. 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. Your continued use of The Service following any changes constitutes your acceptance of the new terms. It is your responsibility to review this policy periodically for updates.
If you have any questions about this DMCA policy, 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 inquiries in a timely manner.
