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 law for the digital age. This policy outlines the procedures for addressing copyright infringement claims related to the content hosted on The Service. The Service respects the intellectual property rights of others and expects its users to do the same. If you believe that your work has been infringed upon, please follow the procedures outlined in this DMCA policy.
2. Legal Framework
Under the DMCA, internet service providers (ISPs) and online platforms may qualify for a 'safe harbor' from liability for copyright infringement if they comply with certain requirements. To qualify for this safe harbor, The Service must not have actual knowledge of infringement, must not be 'willfully blind' to infringing activity, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification. This policy provides a mechanism for copyright holders to notify The Service of alleged infringements and for The Service to respond appropriately.
3. Notice of Infringement
To file a notice of infringement, the copyright owner or their authorized representative must provide a written communication that includes the following information: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit The Service to locate the material; (4) the contact information of the complaining party, including an address, telephone number, and email address; (5) a statement that the complaining party has 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 (6) a statement that the information in the notification is accurate, under penalty of perjury.
4. Counter-Notice
If a user believes that their material has been removed or disabled by mistake or misidentification, they may submit a counter-notice to The Service. The counter-notice must include the following information: (1) a physical or electronic signature of the user; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and (4) the user's name, address, telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the user's address is located, or if the user's address is outside of the United States, for any judicial district in which The Service may be found, and that the user will accept service of process from the person who provided the original notification of infringement or an agent of such person.
5. Repeat Infringers
The Service will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances. A repeat infringer is defined as a user who has been notified of infringing activity more than twice and has not taken appropriate action to cease such activity. The Service reserves the right to determine, in its sole discretion, whether a user is a repeat infringer and to take appropriate action, including but not limited to account termination.
6. User Responsibilities
Users of The Service are responsible for ensuring that their use of the platform does not infringe upon the copyrights or other intellectual property rights of any third party. Users must not upload, post, or otherwise transmit any content that they do not have the right to transmit under any law or under contractual or fiduciary relationships. The Service reserves the right to remove any content that it believes, in its sole discretion, violates this policy or the rights of any third party.
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 this website. Users are encouraged to review this policy periodically for any updates. Continued use of The Service after any changes to this policy will constitute acceptance of those changes.
For any questions regarding this DMCA policy, please contact us at the designated contact information provided on The Service. All inquiries related to copyright infringement should be directed to the designated copyright agent, and all notices of infringement should be submitted in accordance with the procedures outlined in this policy.
