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 update copyright law for the digital age, providing a framework for addressing copyright infringement on the internet. This document outlines the policies and procedures that The Service adheres to in compliance with the DMCA, including the rights and responsibilities of copyright holders and users of The Platform.
2. Safe Harbor Provisions
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 meet certain criteria. 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 material upon receiving proper notification from a copyright owner. This provision encourages service providers to facilitate the free flow of information while protecting the rights of copyright holders.
3. Notification of Infringement
If you believe that your copyrighted work has been infringed upon by content available on The Platform, you may submit a notification to our designated agent. The notification must include specific information as outlined in 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 notification, The Service will take appropriate action to remove or disable access to the infringing material.
4. Counter-Notification
If you believe that your material has been removed or disabled by mistake or misidentification, you may submit a counter-notification. This counter-notification must include your contact information, a description of the material that was removed, and a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification. Upon receipt of a valid counter-notification, The Service may restore the material in question, provided the original complainant does not initiate a court action against you within ten business days.
5. Rights and Responsibilities
Both copyright holders and users of The Platform have specific rights and responsibilities under the DMCA. Copyright holders have the right to protect their works and seek redress for infringement. Users, on the other hand, are responsible for ensuring that their content does not infringe on the copyrights of others. The Service encourages users to respect copyright law and to seek permission before using copyrighted material. Failure to comply with copyright law may result in the removal of content and potential legal action.
6. Limitations on Liability
The Service is not liable for any damages arising from the use of The Platform or the inability to access or use The Platform. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages. The limitations of liability apply to the fullest extent permitted by law and are intended to protect The Service from claims related to copyright infringement and other legal disputes.
7. 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 to stay informed about The Service's practices regarding copyright infringement and the DMCA. Continued use of The Platform after any changes constitutes acceptance of the revised policy.
If you have any questions or concerns regarding this DMCA policy, or if you wish to submit a notification of infringement or a counter-notification, please contact our designated agent at the address provided on The Platform. We are committed to addressing any copyright concerns promptly and in accordance with the DMCA.
