1. Introduction
This Digital Millennium Copyright Act (DMCA) policy outlines the procedures for addressing copyright infringement claims related to content hosted on The Service. The DMCA is a United States copyright law that provides a safe harbor for online service providers, including The Platform, from liability for copyright infringement, provided that 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 reporting and responding to claims of copyright infringement.
2. Legal Framework
The DMCA was enacted in 1998 to implement the World Intellectual Property Organization (WIPO) Copyright Treaty and to address the challenges posed by the digital environment to copyright protection. Under the DMCA, copyright owners have the right to submit a notice of claimed infringement to service providers, which must then take appropriate action to remove or disable access to the infringing material. The law establishes a framework for both copyright owners and service providers, balancing the rights of creators with the need for user-generated content and innovation.
3. Safe Harbor Provisions
The Safe Harbor provisions of the DMCA protect service providers from liability for copyright infringement if they meet specific criteria. To qualify for Safe Harbor, The Service must not have actual knowledge of infringing material, must not be aware of facts or circumstances that would make infringing activity apparent, and must act expeditiously to remove or disable access to infringing material upon receiving a valid DMCA notice. Additionally, The Platform must not receive a financial benefit directly attributable to the infringing activity when it has the right and ability to control such activity.
4. Reporting Infringement
If you believe that your copyrighted work has been infringed on The Service, you may submit a notice of claimed infringement to our designated agent. Your notice 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 an address, telephone number, and email address; 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 a statement that the information in the notice is accurate, under penalty of perjury.
5. Counter-Notices
If material that you posted on The Service has been removed or access to it has been disabled as a result of a DMCA notice, you may file a counter-notice. A counter-notice must include 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; 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 your contact information, including your name, address, telephone number, and email address. Upon receiving a valid counter-notice, The Service may restore the removed material or cease disabling access to it, unless the copyright owner files an action seeking a court order against you.
6. User Responsibilities
Users of The Service are responsible for ensuring that their content does not infringe upon the copyrights of others. By using The Platform, you agree to comply with all applicable copyright laws and to refrain from posting or sharing content that you do not have the right to use. The Service reserves the right to remove any content that it believes, in its sole discretion, violates copyright law or this DMCA policy. Repeated infringement by a user may result in the termination of their account and access to The Service.
7. Disclaimer of Liability
The Service is not responsible for any content posted by users and does not endorse any opinions expressed by users. The Platform does not guarantee the accuracy, integrity, or quality of user-generated content. Under no circumstances shall The Service be liable for any loss or damage of any kind incurred as a result of the use of any content posted on The Platform. Users are solely responsible for their interactions with other users and for any content they post.
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 the revised policy on The Platform. Users are encouraged to review this policy periodically for any updates. Continued use of The Service following the posting of changes constitutes acceptance of those changes. If you do not agree with the terms of this policy, you must cease using The Service.
If you have any questions about this DMCA policy, or if you wish to submit a notice of claimed infringement or a counter-notice, please contact our designated agent at the contact information provided on The Service. We are committed to addressing any concerns regarding copyright infringement and will respond to all inquiries in a timely manner.
