1. Introduction
The Digital Millennium Copyright Act (DMCA) is a significant piece of legislation in the United States that addresses copyright infringement on the internet. This law was enacted in 1998 to update copyright laws for the digital age and to provide a framework for addressing copyright violations that occur online. The DMCA establishes a 'safe harbor' provision that protects online service providers from liability for copyright infringement, provided they comply with certain requirements. This document outlines the DMCA policy of The Service, detailing the procedures for reporting copyright infringement and the rights and responsibilities of all parties involved.
2. Safe Harbor Provisions
Under the DMCA, online service providers may qualify for safe harbor protection if they do not have actual knowledge of infringing material and act expeditiously to remove or disable access to such material upon receiving proper notification. This means that The Service is not liable for infringing content uploaded by users, as long as we follow the DMCA guidelines. To qualify for safe harbor, The Service must not be found to be 'willfully blind' to infringing activity, and we must have a designated agent to receive notifications of claimed infringement.
3. Notification of Infringement
If you believe that your copyrighted work has been infringed upon by content on The Service, you may submit a notification to our designated DMCA agent. Your notification must include specific information as outlined in the DMCA, including a description of the copyrighted work, the location of the infringing material, your contact information, and a statement that you have a 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 content was removed or disabled by mistake or misidentification, you may submit a counter-notification to The Service. This counter-notification must include your name, address, and 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. Upon receiving a valid counter-notification, The Service may restore the removed content unless the original complainant files a lawsuit seeking a court order to restrain the infringing activity.
5. Repeat Infringers
The Service has a policy in place to terminate the accounts of users who are found to be repeat infringers. A repeat infringer is defined as a user who has been the subject of multiple notifications of claimed infringement. This policy is designed to protect the rights of copyright holders and to ensure that The Service remains compliant with the DMCA. Users are encouraged to respect the intellectual property rights of others and to refrain from uploading infringing content.
6. Rights of Copyright Owners
Copyright owners have the exclusive right to reproduce, distribute, and display their works. The DMCA provides these owners with the ability to enforce their rights against unauthorized use of their works online. This includes the right to send notifications of infringement to service providers like The Service, seeking the removal of infringing content. Copyright owners are also entitled to seek statutory damages in cases of willful infringement, which can serve as a deterrent against unauthorized use of their works.
7. Limitations of Liability
The Service is not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use of or inability to use The Platform, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses. This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory, even if The Service has been advised of the possibility of such damages. Users acknowledge that The Service is not responsible for the actions of third parties, including users who may infringe upon the rights of others.
8. Changes to This Policy
The Service reserves the right to update or modify this DMCA policy at any time without prior notice. 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 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, or if you wish to submit a notification of infringement or a counter-notification, please contact our designated DMCA agent at the contact information provided on The Platform. We take copyright infringement seriously and will respond promptly to all valid notifications and counter-notifications in accordance with the DMCA.
