1. Introduction
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted on October 28, 1998. The DMCA implements two 1996 treaties of the World Intellectual Property Organization (WIPO) and is intended to update copyright laws for the digital age. The DMCA provides a safe harbor for online service providers (OSPs) from liability for copyright infringement by their users, provided that they comply with certain requirements. This document outlines the policies and procedures that The Service adheres to in compliance with the DMCA.
2. Safe Harbor Provision
The DMCA establishes a 'safe harbor' provision that protects online service providers from liability for copyright infringement committed by their users, as long as the service providers meet specific criteria. To qualify for safe harbor, The Service must not have actual knowledge of infringing material or be 'aware of facts or circumstances from which infringing activity is apparent.' Additionally, upon receiving proper notification of claimed infringement, The Service must act expeditiously to remove or disable access to the infringing material.
3. Notification of Claimed Infringement
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. The notification 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 your 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 notification is accurate, under penalty of perjury.
4. Counter-Notification
If you believe that your material was removed or disabled by mistake or misidentification, you may submit a counter-notification to The Service. To be effective, a counter-notification must include: your physical or electronic signature; identification of the material that has been removed or to which access has been 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 a mistake or misidentification; 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 Service may be found, and that you will accept service of process from the person who provided the original notification of claimed infringement.
5. Repeat Infringer Policy
The Service has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. A repeat infringer is defined as a user who has been notified of infringing activity more than twice and has not taken action to remove or disable access to the infringing material. The Service reserves the right to terminate the accounts of users who violate this policy at its sole discretion.
6. Rights of Copyright Owners
Under the DMCA, copyright owners have certain rights that they can enforce against infringing parties. These rights include the ability to seek statutory damages, which can be substantial, as well as the right to seek injunctive relief to prevent further infringement. Copyright owners are encouraged to monitor their works and take appropriate action to protect their rights, including utilizing the DMCA's provisions to address unauthorized use of their copyrighted materials.
7. Limitations of Liability
The Service shall not be liable for any damages arising from the use or inability to use the content available on The Service, including but not limited to direct, indirect, incidental, punitive, and consequential damages. The Service does not guarantee the accuracy, reliability, or completeness of any information provided on the platform and disclaims any liability for errors or omissions in such information. Users are encouraged to seek professional advice regarding any legal issues or concerns.
8. Changes to This DMCA 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 Service. Users are encouraged to review this policy periodically to stay informed about our practices regarding copyright infringement and the DMCA. Continued use of The Service after any changes to this policy constitutes acceptance of those changes.
For any questions or concerns regarding this DMCA policy, or to submit a notification of claimed infringement or a counter-notification, please contact our designated agent at the following address: [Insert Contact Information]. It is important to provide all required information to ensure that your inquiry is addressed promptly and accurately.
10. Disclaimer
The information provided in this DMCA policy is for general informational purposes only and does not constitute legal advice. The Service does not warrant or guarantee the accuracy, completeness, or usefulness of any information contained herein. Users should consult with a qualified attorney for advice regarding their specific legal rights and obligations. The Service is not responsible for any errors or omissions in the information provided, nor for any results obtained from the use of such information.
