1. Introduction
This Digital Millennium Copyright Act (DMCA) policy outlines the procedures for reporting copyright infringement on The Service. The DMCA is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The DMCA provides a safe harbor for online service providers, including The Platform, from liability for copyright infringement, provided they comply with certain requirements. This policy is intended to inform users of their rights and responsibilities under the DMCA and to provide a clear process for copyright holders to report alleged infringements.
2. Legal Framework
Under the DMCA, copyright owners have the right to take action against infringing content. The law provides a framework for copyright holders to notify service providers of infringing material, and it establishes a process for service providers to respond to such notifications. The DMCA also includes provisions for 'safe harbor' protection, which shields service providers from liability for infringing content hosted on their platforms, provided they meet specific criteria. To qualify for safe harbor, service providers must not have actual knowledge of the infringement, must act expeditiously to remove or disable access to infringing material upon receiving proper notification, and must not receive a financial benefit directly attributable to the infringing activity.
3. Reporting Copyright Infringement
If you believe that your copyrighted work has been infringed on The Service, you may submit a notification to our designated agent. The notification must include the following information: (1) a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit The Platform to locate the material; (4) your contact information, including your address, telephone number, and email address; (5) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) 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 our designated agent. The counter-notice must include the following information: (1) your physical or electronic signature; (2) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (3) 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; and (4) 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 Platform may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
5. Rights and Liabilities
The DMCA provides a balance between the rights of copyright owners and the rights of users. While copyright owners have the right to protect their works, users also have the right to contest claims of infringement. It is important to understand that submitting a false notification or counter-notice can result in liability for damages, including costs and attorney's fees. Therefore, all parties are encouraged to act in good faith and to ensure that their claims are legitimate. The Platform reserves the right to terminate the accounts of repeat infringers in appropriate circumstances, as determined by The Service.
6. Disclaimer
The Service and its content are provided on an 'as is' basis without any warranties of any kind, either express or implied. The Platform does not guarantee the accuracy, reliability, or completeness of any information provided on The Service. The Platform is not responsible for any errors or omissions in the content or for any losses or damages arising from the use of the information. Users are advised to verify any information before relying on it. The Platform does not provide professional advice, and reliance on any information provided on The Service is solely at the user's own risk.
7. Changes to This Policy
The Platform reserves the right to modify this DMCA policy at any time. Any changes will be effective immediately upon posting on The Service. Users are encouraged to review this policy periodically to stay informed about how The Platform is protecting their rights and responsibilities under 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 or counter-notice, please contact our designated agent at the contact information provided on The Service. We take all claims of copyright infringement seriously and will respond promptly to all inquiries.
