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 and offers a safe harbor provision for online service providers (OSPs) that comply with certain requirements. This section outlines the obligations and rights of copyright holders and users of The Service, as well as the procedures for reporting and addressing copyright infringement.
2. Copyright Infringement Notification
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. Additionally, it should identify the copyrighted work claimed to have been infringed, provide a description of the infringing material, and include information sufficient to allow us to locate the material on The Service. Upon receipt of a valid notification, we will take appropriate action, which may include removing or disabling access to the infringing material.
3. Safe Harbor Provision
The DMCA includes a safe harbor provision that protects online service providers from liability for copyright infringement, provided that they meet certain criteria. To qualify for this protection, The Service must not have actual knowledge of infringing material or be aware of facts or circumstances that would make the infringing activity apparent. Furthermore, upon receiving a proper DMCA takedown notice, The Service must act expeditiously to remove or disable access to the infringing material. This safe harbor is crucial for fostering an environment where users can share content without fear of unwarranted legal repercussions.
4. Counter-Notification
If material that you have posted on The Service has been removed due to a copyright infringement notice, you may file a counter-notification. This counter-notification must include your physical or electronic signature, identification of the material that has been removed, and a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification. Upon receipt of a valid counter-notification, The Service may restore the removed 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 use of the platform does not infringe upon the copyrights or other intellectual property rights of others. By using The Service, you agree to comply with all applicable laws and regulations regarding copyright and intellectual property. Users are encouraged to seek permission from copyright owners before using or distributing copyrighted material. The Service reserves the right to terminate the accounts of users who repeatedly infringe the copyrights of others.
6. Disclaimer of Warranties
The Service is provided on an 'as is' and 'as available' basis without any warranties of any kind, either express or implied. We do not warrant that The Service will be uninterrupted, secure, or free of errors. The Service does not guarantee the accuracy, reliability, or completeness of any content available on the platform. Users are advised to exercise caution and to verify any information before relying on it. The Service disclaims all warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
7. Limitation of Liability
In no event shall The Service, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of The Service, including but not limited to loss of profits, data, or goodwill. This limitation of liability applies to the fullest extent permitted by law and regardless of the theory of liability, whether in contract, tort, or otherwise. Users acknowledge that they use The Service at their own risk and that they are solely responsible for any damages that may arise from their use of the platform.
8. Changes to This Policy
We reserve 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 our practices regarding copyright infringement and the DMCA. Continued use of The Service after any changes to this policy constitutes acceptance of those changes.
If you have any questions or concerns regarding this DMCA policy, please contact us at the designated email address provided on The Service. We take copyright infringement seriously and will respond promptly to any inquiries or notifications regarding potential violations of copyright law. Your feedback is important to us, and we are committed to addressing any issues that arise in a timely and effective manner.
