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) and is intended to update copyright law for the digital age. The DMCA provides a framework for copyright owners to protect their works online and establishes a 'safe harbor' for online service providers (OSPs) from liability for infringing content uploaded by users, provided they comply with certain requirements. This document outlines the procedures and policies of The Service regarding copyright infringement claims and the rights of users and copyright owners.
2. Safe Harbor Provisions
Under the DMCA, online service providers can qualify for safe harbor protection if they meet specific criteria. This includes not being aware of infringing activity, not receiving a financial benefit directly attributable to the infringing activity, and acting expeditiously to remove or disable access to infringing material upon receiving proper notification. To maintain this protection, The Service has established a designated agent to receive notifications of claimed infringement, and we encourage copyright owners to provide detailed information regarding the infringing material to facilitate prompt action.
3. Notification of Infringement
If you believe that your copyrighted work has been infringed upon by material available on The Service, you may submit a notification to our designated agent. The notification must include the following information: 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; information sufficient to permit The Service to contact you; 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.
4. Counter-Notification
If material that you have posted on The Service has been removed or access to it has been disabled as a result of a notification of claimed infringement, you may file a counter-notification with our designated agent. A counter-notification must include your physical or electronic signature; identification of the material that has been removed or to which access has been 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; your name, address, and 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.
5. User Rights and Responsibilities
Users of The Service are granted certain rights under the DMCA, including the right to post content and the right to respond to claims of infringement. However, users are also responsible for ensuring that the content they upload does not infringe upon the copyrights of others. The Service reserves the right to remove any content that it believes, in its sole discretion, may infringe upon the rights of any third party. Users are encouraged to familiarize themselves with copyright law and to seek legal advice if they are unsure about the legality of their content.
6. Disclaimer of Liability
The Service is not liable for any content that is uploaded by users, and we do not endorse any user-generated content. The Service does not have the obligation to monitor or review user content, and we cannot guarantee the accuracy, integrity, or quality of such content. Users acknowledge that they may be exposed to content that is offensive, indecent, or objectionable, and they agree to waive any legal or equitable rights or remedies they have or may have against The Service with respect to such content.
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 the revised policy on this website. 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 constitutes acceptance of the modified policy.
If you have any questions about this DMCA policy, please contact our designated agent at the address provided on our website. We are committed to addressing any concerns regarding copyright infringement and will respond promptly to all inquiries. Users are encouraged to provide as much detail as possible when contacting us to ensure a thorough review of their concerns.
