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). The DMCA is designed to protect the rights of copyright holders while also providing a framework for online service providers to address copyright infringement claims. This document outlines the policies and procedures of The Service regarding copyright infringement and the rights of copyright owners under the DMCA.
2. Copyright Infringement Notification
If you believe that your copyrighted work has been infringed upon by content available on The Platform, you may submit a notification to our designated agent as outlined in Section 512(c) of the DMCA. Your 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 its location on The Service, 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.
3. Counter-Notification
If you believe that your material was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent. To be effective, a counter-notification must include your physical or electronic signature, identification of the material that has been removed or disabled and its location prior to removal, 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, and your contact information. Upon receipt of a valid counter-notification, The Service will restore the material in question unless the copyright owner files an action seeking a court order against you.
4. Safe Harbor Provision
The DMCA provides a 'safe harbor' provision for online service providers, which protects them from liability for copyright infringement provided they meet certain criteria. To qualify for safe harbor, The Service must not have actual knowledge of infringing material, must not be 'willfully blind' to infringing activity, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification. This provision encourages service providers to cooperate with copyright holders while limiting their liability for user-generated content.
5. User Responsibilities
Users of The Platform are responsible for ensuring that their use of the Service does not infringe upon the copyrights or other intellectual property rights of any third party. Users must not upload, post, or otherwise make available any content that they do not have the right to make available. By using The Service, users agree to indemnify and hold harmless The Platform, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising from their violation of this policy.
6. Changes to 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 Platform. Users are encouraged to review this policy periodically to stay informed about how The Service is protecting copyright and addressing infringement claims. Continued use of The Service after any changes to the DMCA policy constitutes acceptance of those changes.
For any questions regarding this DMCA policy or to submit a notification or counter-notification, please contact our designated agent at the address provided on The Service. It is important to ensure that all communications are clear and include all necessary information to facilitate a prompt response.
8. Disclaimer
The information contained in this DMCA policy is for general informational purposes only. While we strive to keep the information up to date and correct, we make 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, products, services, or related graphics contained in the policy for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
9. No Professional Advice
The Service does not provide legal advice, and nothing in this DMCA policy should be construed as legal advice. Users are encouraged to seek professional legal counsel for any questions or concerns regarding copyright law or the DMCA. The Service is not responsible for any actions taken based on the information provided in this policy.
10. External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by us. We do not endorse the content, privacy policies, or practices of any third-party sites. Users are encouraged to review the terms and conditions and privacy policies of any external sites they visit. The Service is not responsible for the content or practices of any external sites.
11. Errors and Omissions
While we strive to provide accurate and up-to-date information, The Service makes no representations or warranties regarding the completeness or accuracy of the information contained in this DMCA policy. We reserve the right to make changes to this policy at any time without prior notice. The Service is not liable for any errors or omissions in the content of this policy or for any losses, injuries, or damages arising from its use.
12. Fair Use Notice
The Service acknowledges that some materials may be used under the doctrine of fair use. Fair use is a legal doctrine that allows limited use of copyrighted material without permission from the copyright owner for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. However, the determination of fair use is a complex legal issue that depends on various factors, and users are encouraged to seek legal advice if they are unsure whether their use qualifies as fair use.
