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. This legislation provides a framework for copyright holders to protect their works in the online environment while also establishing a safe harbor provision for internet service providers (ISPs) and websites, including The Service, that host user-generated content. This document outlines the policies and procedures that The Service adheres to in compliance with the DMCA, including the rights and responsibilities of users and copyright holders.
2. Safe Harbor Provision
Under the DMCA, the Safe Harbor provision 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 Safe Harbor, The Service must not have actual knowledge of infringing activity, must not be aware of facts or circumstances that would make infringing activity apparent, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification from a copyright owner. This provision encourages the growth of the internet by allowing platforms to host user-generated content without the constant fear of legal repercussions, as long as they take appropriate actions when notified of infringement.
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 specific information as outlined by the DMCA, including a description of the copyrighted work, the location of the infringing material, your contact information, and a statement of good faith belief that the use of the material is not authorized by the copyright owner. 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 was removed or disabled by mistake or misidentification, you may submit a counter-notification to The Service. This counter-notification must include your contact information, identification of the material that was removed, a statement under penalty of perjury that you have a good faith belief that the material was removed by mistake, and your consent to jurisdiction in the federal district court for the district in which you reside. Upon receiving a valid counter-notification, The Service may restore the material 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 intellectual property rights of others. By using The Service, users agree not to upload, post, or otherwise transmit any content that violates copyright, trademark, or other proprietary rights. Users are encouraged to respect the rights of copyright holders and to seek permission before using any copyrighted material. Failure to comply with these responsibilities may result in the removal of infringing content and potential termination of user accounts.
6. Repeat Infringer Policy
The Service has a policy of terminating the accounts of users who are determined 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 holders and to ensure that The Service remains a safe and lawful platform for all users. Users are encouraged to be aware of their content and to take necessary steps to avoid infringing upon the rights of others.
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 this website. Users are encouraged to review this policy periodically to stay informed about how The Service is protecting copyright and intellectual property rights. Continued use of The Service following any changes constitutes acceptance of the new terms. If you do not agree with the changes, you must cease using The Service.
For any questions regarding this DMCA policy, or to submit a notification or counter-notification, please contact our designated copyright agent at the address provided on The Service. It is important to provide accurate and complete information to ensure that your request is processed efficiently. The Service is committed to addressing copyright concerns in a timely and effective manner.
9. Disclaimer
The information provided in this DMCA policy is for general informational purposes only and should not be construed as legal advice. While The Service strives to keep the information up to date and correct, it makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the policy or the information contained herein. Any reliance you place on such information is therefore strictly at your own risk.
10. No Professional Advice
The Service does not provide legal advice or professional services. Users are encouraged to seek the advice of qualified professionals regarding any legal matters, including copyright issues. The Service is not responsible for any actions taken based on the information provided in this policy or any other materials available on the website.
11. External Links Disclaimer
The Service may contain links to external websites that are not operated by us. We have no control over the content, privacy policies, or practices of any third-party sites. The inclusion of any links does not imply endorsement or approval of the content or policies of those sites. Users are encouraged to review the terms and conditions and privacy policies of any external websites they visit.
12. Errors and Omissions
While The Service strives to provide accurate and up-to-date information, errors and omissions may occur. The Service does not warrant that the information provided is free from errors or omissions, and it does not accept any liability for any inaccuracies or omissions in this policy or any related materials. Users are encouraged to verify any information before relying on it.
