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 copyrighted material on the internet while also providing a framework for addressing copyright infringement. This document outlines the DMCA policy for The Service, detailing the procedures for reporting copyright infringement, the rights of copyright holders, and the responsibilities of The Platform.
2. Copyright Infringement Notification
If you believe that your copyrighted work has been infringed upon by The Service, you may submit a notification to our designated copyright 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, a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, and a statement made under penalty of perjury that the information in the notification is accurate.
3. Safe Harbor Provision
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 Platform 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 proper notification. This provision encourages service providers to facilitate the removal of infringing content without fear of liability.
4. Counter-Notification
If material that you posted on The Service has been removed due to a copyright infringement notification, you may file a counter-notification. This counter-notification must include your physical or electronic signature, identification of the material that has been removed, your contact information, a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of a mistake or misidentification, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located. Upon receipt of a valid counter-notification, The Platform will restore the material unless the original complainant files a lawsuit seeking a court order against you.
5. 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, users agree not to upload, post, or otherwise transmit any content that violates any copyright, trademark, or other intellectual property rights. The Platform reserves the right to terminate the accounts of users who repeatedly infringe the copyrights of others and to take any other appropriate actions to prevent copyright infringement.
6. Disclaimer of Liability
The Platform is not liable for any damages arising from the use of or inability to use The Service, including but not limited to direct, indirect, incidental, punitive, and consequential damages. The Platform does not guarantee the accuracy, reliability, or completeness of any content provided on The Service. Users are encouraged to verify any information before relying on it. The Platform is not responsible for any content that is posted by users or third parties, and users assume all risks associated with their use of such content.
7. Changes to This DMCA Policy
The Platform reserves the right to modify 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 any changes. 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 submit a copyright infringement notification or counter-notification, please contact our designated copyright agent at the contact information provided on The Service. We are committed to addressing any copyright concerns promptly and in accordance with the DMCA.
9. General Disclaimer
The information provided on The Service is for general informational purposes only and should not be construed as legal advice. The Platform makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information contained on The Service. Any reliance you place on such information is strictly at your own risk.
10. No Professional Advice
The content provided on The Service is not intended to be a substitute for professional advice. Users should seek the advice of qualified professionals regarding any legal, financial, or other matters. The Platform does not endorse or recommend any specific products, services, or opinions mentioned on The Service.
11. Affiliate Disclosure
The Platform may participate in affiliate marketing programs and may receive compensation for promoting certain products or services. This compensation does not influence the content or opinions expressed on The Service. Users should be aware that they may encounter affiliate links that may result in compensation for The Platform.
12. External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by The Platform. The Platform does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites. Users are encouraged to review the terms and conditions and privacy policies of any external sites they visit.