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 is designed to protect the rights of copyright holders while also providing a framework for online service providers to limit their liability for copyright infringement. This document outlines the policies and procedures that The Service adheres to in compliance with the DMCA, including the process for reporting copyright infringement and the rights of users and copyright holders.
2. Safe Harbor Provisions
Under the DMCA, online service providers may qualify for 'safe harbor' protections, which shield them from liability for copyright infringement committed by users of their services, 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 such material, and must act expeditiously to remove or disable access to infringing content upon receiving proper notification from a copyright owner. This means that The Service is committed to promptly addressing any valid DMCA takedown notices it receives, thereby ensuring compliance with the law and protecting the rights of copyright holders.
3. Reporting Copyright Infringement
If you believe that your copyrighted work has been infringed upon by content hosted on The Platform, you may submit a notification to our designated agent. Your notification must include the following information: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing and information reasonably sufficient to permit The Service to locate the material; your contact information, including your address, telephone number, and email address; a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, under penalty of perjury.
4. Counter-Notices
If you believe that your material has been removed or disabled by mistake or misidentification, you may submit a counter-notice to The Service. Your counter-notice must include the following information: your physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which The Service may be found, and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.
5. Rights of Copyright Holders
Copyright holders have the exclusive rights to reproduce, distribute, perform, display, and create derivative works based upon their copyrighted works. The DMCA provides copyright holders with the ability to enforce these rights through the issuance of takedown notices and the pursuit of legal action against infringers. It is essential for copyright holders to understand their rights under the DMCA, as well as the procedures for enforcing those rights. The Service encourages copyright holders to actively monitor their works and to take appropriate action if they believe their rights have been infringed.
6. User Responsibilities
Users of The Service are responsible for ensuring that their use of the platform does not infringe upon the rights of any third party. This includes obtaining the necessary permissions or licenses for any copyrighted material that they upload or share. Users should be aware that infringing upon copyright can result in the removal of content, suspension of accounts, and potential legal consequences. The Service reserves the right to terminate the accounts of users who repeatedly infringe the copyrights of others.
7. Changes to This 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 this page. Users are encouraged to review this policy periodically to stay informed about how The Service is protecting copyright holders and addressing copyright infringement. Continued use of The Service following the posting of changes constitutes acceptance of those changes.
If you have any questions about this DMCA policy, or if you wish to submit a notification of infringement or a counter-notice, please contact us at the designated email address provided on The Service's website. We are committed to addressing any concerns regarding copyright infringement promptly and in accordance with the DMCA.