1. Introduction
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The DMCA is designed to protect the rights of copyright holders while also providing a framework for internet service providers (ISPs) and websites to limit their liability for copyright infringement. This document outlines the policies and procedures that The Service adheres to in order to comply with the DMCA, including the process for reporting copyright infringement and the rights of users and copyright owners.
2. Legal Framework
The DMCA provides a safe harbor provision that protects online service providers from liability for copyright infringement committed by their users, provided that the service providers comply with certain requirements. To qualify for safe harbor, The Service must not have actual knowledge of infringing activity and must act expeditiously to remove or disable access to infringing material when it becomes aware of it. This section outlines the criteria for safe harbor eligibility, including the necessity for a designated agent to receive notifications of claimed infringement and the requirement to implement a policy for terminating repeat infringers.
3. Reporting Copyright Infringement
If you believe that your copyrighted work has been infringed upon by content available on The Service, you may submit a notification of claimed infringement to our designated agent. The notification must include specific information as outlined by the DMCA, including a description of the copyrighted work, the location of the infringing material, your contact information, and a statement under penalty of perjury that you are the copyright owner or authorized to act on behalf of the owner. Upon receipt of a valid notice, The Service will take appropriate action, which may include removing or disabling access to the infringing material.
4. Counter-Notices
If you believe that material you posted on The Service has been removed or disabled by mistake or misidentification, you may submit a counter-notice. The counter-notice must include your name, address, and 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. Upon receipt of a valid counter-notice, The Service may restore the material in question unless the original complainant files an action seeking a court order against the user.
5. Rights and Responsibilities
Users of The Service are responsible for ensuring that their content does not infringe upon the copyrights or other intellectual property rights of others. The Service reserves the right to remove any content that it believes, in its sole discretion, infringes upon the rights of others or violates any applicable laws. Additionally, users should be aware that repeated infringement may result in the termination of their access to The Service. This section emphasizes the importance of respecting copyright laws and the potential consequences of infringement.
6. Disclaimer of Warranties
The Service is provided on an 'as is' and 'as available' basis. The Service makes no representations or warranties of any kind, express or implied, regarding the operation of the website or the information, content, materials, or products included on the website. To the fullest extent permissible by applicable law, The Service disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Users acknowledge that their use of The Service is at their own risk.
7. Limitation of Liability
In no event shall The Service, its owners, or its affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to the use of The Service, 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. This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory.
8. Governing Law
These DMCA policies and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State in which The Service operates, without regard to its conflict of law principles. Users agree to submit to the personal jurisdiction of the state and federal courts located in that state for the resolution of any disputes.
9. Changes to This Policy
The Service reserves the right to modify or update 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 Service is protecting their rights and the rights of copyright owners. Continued use of The Service after any modifications to this policy constitutes acceptance of those changes.
If you have any questions or concerns regarding this DMCA policy or if you wish to report a claim of copyright infringement, please contact our designated agent at the contact information provided on The Service. We are committed to addressing any issues promptly and in accordance with the DMCA.
