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 designed to update copyright law for the digital age. The DMCA provides a framework for addressing copyright infringement on the internet, including provisions for safe harbor for online service providers, which limits their liability for infringing content uploaded by users. This document outlines the DMCA policy applicable to The Service, detailing the procedures for reporting copyright infringement and the rights and responsibilities of all parties involved.
2. Safe Harbor Provisions
Under the DMCA, online service providers may qualify for safe harbor protection, which shields them from liability for copyright infringement committed by users of their services, provided they meet certain criteria. To qualify for safe harbor, The Service must not have actual knowledge of infringing activity, must not be aware of facts or circumstances that make infringing activity apparent, 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 cooperate with copyright owners while fostering an environment for user-generated content.
3. Notification of Infringement
If you believe that your copyrighted work has been infringed on The Service, you may submit a notification to our designated copyright agent. The notification must include the following information: 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 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 has been removed or disabled by mistake or misidentification, you may submit a counter-notification to The Service. The 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 mistake or misidentification; your name, address, telephone number, and email address; 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 infringement.
5. Rights and Responsibilities
Both copyright owners and users of The Service have specific rights and responsibilities under the DMCA. Copyright owners have the right to protect their works and seek removal of infringing material, while users have the right to contest claims of infringement and to have their content restored if it was removed improperly. The Service is obligated to act in accordance with the DMCA's provisions, including responding to notifications and counter-notifications in a timely manner. Failure to comply with the DMCA can result in loss of safe harbor protection, exposing The Service to liability for copyright infringement.
6. Disclaimer of Liability
The Service disclaims any liability for copyright infringement that may occur as a result of user-generated content. While The Service strives to comply with the DMCA and protect the rights of copyright owners, it cannot guarantee that all infringing material will be removed or that all copyright owners will be satisfied with the actions taken. Users are encouraged to respect copyright laws and to seek permission before using copyrighted material. The Service is not responsible for any damages arising from the use of content that may infringe on the rights of others.
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 on this page. Users are encouraged to review this policy periodically to stay informed about how The Service is addressing copyright issues. Continued use of The Service following the posting of changes constitutes acceptance of those changes. If you do not agree with the changes, you must cease using The Service.
For any questions regarding this DMCA policy, or to submit a notification of infringement or a counter-notification, please contact our designated copyright agent at the address provided on The Service's website. We are committed to addressing copyright concerns promptly and effectively, and we appreciate your cooperation in helping us maintain a respectful and lawful online environment.
