1. Introduction
The Digital Millennium Copyright Act (DMCA) is a significant piece of legislation that was enacted in 1998 to address the challenges posed by the internet to copyright law. The DMCA provides a framework for copyright holders to protect their works while also establishing safe harbor provisions for online service providers. This document outlines the policies and procedures that The Service follows in compliance with the DMCA, including the rights and responsibilities of both copyright owners and users of The Platform.
2. Copyright Infringement Notification
If you believe that your copyrighted work has been infringed upon by content available on The Service, you may submit a notification to our designated agent. Your notification must include a physical or electronic signature, identification of the copyrighted work, identification of the infringing material, your contact information, a statement of good faith belief, and a statement that the information in the notification is accurate. Upon receipt of a proper notification, The Service will take appropriate action, which may include removing or disabling access to the infringing material.
3. Counter-Notification
If you receive a notification of claimed infringement and believe that the material was removed or disabled by mistake or misidentification, you may submit a counter-notification. This counter-notification must include your physical or electronic signature, identification of the material that was removed, your contact information, a statement under penalty of perjury that you have a good faith belief that the material was removed by mistake, and a consent to jurisdiction in the federal district court for the district in which you reside.
4. Safe Harbor Provisions
The DMCA provides safe harbor provisions that protect online service providers from liability for copyright infringement, provided that they comply with certain requirements. To qualify for safe harbor, The Service must not have actual knowledge of infringing activity, must not be aware of facts or circumstances from which infringing activity is apparent, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification. Additionally, The Service must not receive a financial benefit directly attributable to the infringing activity.
5. User Responsibilities
Users of The Service are responsible for ensuring that their use of the platform does not infringe upon the copyrights of others. By submitting content to The Platform, users represent and warrant that they own or have the necessary rights to use and distribute such content. Users are encouraged to respect the intellectual property rights of others and to report any suspected infringement to The Service.
6. Changes to DMCA 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 any updates. Continued use of The Service following the posting of changes constitutes acceptance of those changes.
7. Disclaimer of Warranties
The Service provides the platform on an 'as is' and 'as available' basis without any warranties of any kind, either express or implied. The Service does not warrant that the platform will be uninterrupted, secure, or free of errors. Users acknowledge that they use The Platform at their own risk and that The Service is not liable for any damages arising from the use of the platform or any content accessed through it.
8. Limitation of Liability
In no event shall The Service, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of The Platform, including but not limited to loss of profits, data, or other intangible losses, even if The Service has been advised of the possibility of such damages. The total liability of The Service for any claims arising out of or relating to this DMCA policy shall not exceed the amount paid by the user, if any, for accessing The Platform.
9. Governing Law
This DMCA policy shall be governed by and construed in accordance with the laws of the jurisdiction in which The Service operates, without regard to its conflict of law principles. Any disputes arising from this policy shall be resolved in the competent courts of that jurisdiction.
If you have any questions or concerns regarding this DMCA policy or if you wish to submit a notification of claimed infringement, please contact our designated agent at the contact information provided on The Platform. We are committed to addressing any issues related to copyright infringement and will respond to all inquiries in a timely manner.
