1. Introduction
The Digital Millennium Copyright Act (DMCA) is a significant piece of legislation in the United States that addresses copyright infringement in the digital age. This law was enacted in 1998 to implement two 1996 treaties of the World Intellectual Property Organization (WIPO) and aims to protect the rights of copyright holders while also providing a framework for the safe harbor provisions that protect online service providers from liability for infringing content uploaded by users. This document outlines the policies and procedures of The Service regarding copyright infringement and the rights of copyright owners and users.
2. DMCA Compliance
The Service is committed to complying with the DMCA and has established procedures for addressing claims of copyright infringement. 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 specified in Section 512(c) of the DMCA. Your notification must include specific information as outlined in the DMCA, including a description of the copyrighted work, the location of the infringing material, and your contact information.
3. Safe Harbor Provisions
Under the DMCA, online service providers may qualify for safe harbor protection, which shields them from liability for infringing content uploaded by users, provided they meet certain criteria. 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 the infringing activity apparent, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification. It is important to note that the safe harbor provisions do not apply if the service provider is found to be directly involved in the infringement.
4. Counter-Notices
If content that you have posted on The Platform has been removed or disabled due to a DMCA notification, you may submit a counter-notice to our designated agent. A counter-notice must include your name, address, and a statement under penalty of perjury that you believe the material was removed or disabled as a result of a mistake or misidentification. Upon receipt of a valid counter-notice, The Service may restore the removed content within 10 to 14 business days unless the original complainant files a lawsuit seeking a court order to restrain the user from engaging in infringing activity.
5. User Responsibilities
Users of The Service are responsible for ensuring that the content they upload does not infringe upon the copyrights or other intellectual property rights of third parties. By using The Platform, users agree to indemnify and hold harmless The Service from any claims, damages, or expenses arising from their violation of copyright laws. Users are encouraged to familiarize themselves with copyright laws and to seek permission from copyright holders before uploading any content that may be protected.
6. Reporting Infringement
To report copyright infringement, users should submit a written notification to The Service's designated agent. The notification must include sufficient information to identify the copyrighted work, the infringing material, and the contact information of the complaining party. The Service will investigate all claims of copyright infringement and take appropriate action in accordance with the DMCA. Users should be aware that submitting a false claim of infringement may result in legal consequences.
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 on The Platform. Users are encouraged to review this policy periodically to stay informed about our practices regarding copyright infringement. 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 or if you wish to report a copyright infringement, please contact our designated agent at the address provided on The Platform. We take copyright infringement seriously and will respond promptly to any inquiries or claims made under the DMCA.
