1. Introduction
This Digital Millennium Copyright Act (DMCA) policy outlines the procedures for reporting copyright infringement on The Service. The DMCA is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It provides a safe harbor for online service providers (OSPs) from liability for copyright infringement by their users, provided they comply with certain requirements. The purpose of this policy is to inform users of their rights and responsibilities under the DMCA, as well as to establish a clear process for addressing claims of copyright infringement.
2. Legal Framework
Under the DMCA, copyright owners have the right to send a notice to an online service provider if they believe their work has been infringed. The notice must include specific information, including a description of the copyrighted work, the location of the infringing material, and the contact information of the complaining party. Upon receiving a valid DMCA notice, The Service is required to act expeditiously to remove or disable access to the infringing material. Failure to comply with these requirements may result in liability for copyright infringement.
3. Safe Harbor Provisions
The DMCA establishes a 'safe harbor' provision that protects online service providers from liability for infringing content uploaded by users, provided that the service providers do not have actual knowledge of the infringement and act promptly to remove the infringing material upon receiving a proper DMCA notice. To qualify for safe harbor, The Service must demonstrate that it has implemented a policy for terminating repeat infringers and that it does not receive a financial benefit directly attributable to the infringing activity.
4. Counter-Notices
If a user believes that their content has been removed by mistake or misidentification, they may submit a counter-notice to The Service. This counter-notice must include the user's name, address, and a statement under penalty of perjury that the user has a good faith belief that the material was removed as a result of a mistake or misidentification. Upon receiving a valid counter-notice, The Service may restore the removed content within 10 to 14 business days unless the original complainant files a lawsuit seeking a court order to restrain the user from engaging in infringing activity.
5. User Responsibilities
Users of The Service are responsible for ensuring that their content does not infringe upon the copyrights of others. By uploading content to The Service, users affirm that they have the necessary rights to do so and that such content does not violate any applicable laws or regulations. Users are encouraged to familiarize themselves with copyright law and to seek permission from copyright holders when necessary. The Service reserves the right to remove any content that it believes, in its sole discretion, violates this policy or applicable law.
6. Reporting Copyright Infringement
To report copyright infringement, please send a written notice to The Service's designated agent. The notice 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 its location on The Service; the contact information of the complaining party; and 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.
7. Disclaimer of Liability
The Service disclaims any liability for any damages resulting from the removal of content in response to a DMCA notice or from the failure to remove content that is claimed to infringe. The Service does not guarantee the accuracy or completeness of any information provided in response to a DMCA notice. Users acknowledge that The Service is not responsible for any claims, losses, or damages arising from the removal or restoration of content in connection with DMCA notices or counter-notices.
8. 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 Service. Users are encouraged to review this policy periodically to stay informed of any updates. Continued use of The Service following the posting of changes constitutes acceptance of those changes.
If you have any questions regarding this DMCA policy, please contact The Service's designated agent. All inquiries should be directed to the contact information provided on The Service's website. We are committed to addressing any concerns regarding copyright infringement and will respond to all inquiries in a timely manner.
