1. Introduction
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted in 1998. It implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The DMCA is designed to protect copyrighted material on the internet and provides a framework for addressing copyright infringement. This document outlines the procedures for reporting copyright infringement on The Service, the rights and responsibilities of users and copyright owners, and the legal protections afforded to service providers under the DMCA.
2. Legal Framework
Under the DMCA, service providers like The Platform may qualify for 'Safe Harbor' protection, which shields them from liability for copyright infringement committed by users, provided they comply with certain requirements. 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.
3. Reporting Infringement
If you believe that your copyrighted work has been infringed upon by content hosted on The Service, you may submit a notification to our designated agent. Your notification must include 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, 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.
4. Counter-Notices
If you receive a notice of alleged infringement and believe that the material was removed or disabled by mistake or misidentification, you may submit a counter-notice to our designated agent. The counter-notice must include your physical or electronic signature, identification of the material that has been removed or 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 contact information. Upon receipt of a valid counter-notice, The Service will restore the material in question within 10 to 14 business days unless the copyright owner files an action seeking a court order against you.
5. Rights and Responsibilities
Both copyright owners and users have rights and responsibilities under the DMCA. Copyright owners have the right to protect their works and seek remedies for infringement. Users have the right to express their opinions and share content, but they must do so in a manner that does not infringe on the rights of others. The Service encourages users to respect copyright laws and to report any suspected infringement. Failure to comply with copyright laws may result in the termination of access to The Platform.
6. Limitations of Liability
The Service is not liable for any damages arising from the use of or inability to use the content on The Platform. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages. The Service does not warrant that the content is accurate, reliable, or error-free. Users are encouraged to verify the information before relying on it. The limitations of liability apply to the fullest extent permitted by law.
7. Disclaimer
The Service provides the content on an 'as is' basis without any warranties of any kind, either express or implied. The Service does not guarantee the accuracy, reliability, or completeness of the information provided. Users should not rely solely on the information provided on The Platform and should seek professional advice where appropriate. The Service is not responsible for any errors or omissions in the content or for any losses or damages arising from the use of the content.
8. 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 on The Platform. Users are encouraged to review this policy periodically to stay informed about any updates. Continued use of The Service after any changes constitutes acceptance of the revised policy.
If you have any questions about this DMCA policy, please contact us at the designated email address provided on The Service. We are committed to addressing your concerns and ensuring compliance with copyright laws. Please provide as much detail as possible in your inquiry to facilitate a prompt response.
