1. Introduction
The Digital Millennium Copyright Act (DMCA) is a significant piece of legislation that was enacted in the United States in 1998 to address the challenges posed by the internet and digital media to copyright law. The DMCA aims to balance the interests of copyright owners with the public's right to access information and engage in free expression. This document outlines the policies and procedures adopted by The Service in compliance with the DMCA, including the process for reporting copyright infringement and the rights and responsibilities of both copyright owners and users of The Platform.
2. Legal Framework
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 this safe harbor, The Service must not have actual knowledge of infringing material or be 'aware of facts or circumstances from which infringing activity is apparent.' Upon receiving a valid notice of claimed infringement, The Service must act expeditiously to remove or disable access to the infringing material. This framework is designed to encourage cooperation between copyright owners and online platforms while promoting the dissemination of information.
3. Reporting Copyright 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 copyright agent. Your notification must include the following information: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; identification of the copyrighted work claimed to have been infringed; identification of the material that is claimed to be infringing and information sufficient to allow 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-Notices
If you believe that your material was removed or disabled by mistake or misidentification, you may submit a counter-notice to The Service. A counter-notice 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 a statement consenting to the jurisdiction of the federal district court for the 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 claimed infringement or an agent of such person.
5. User Rights and Responsibilities
Users of The Service are encouraged to respect the intellectual property rights of others. The Platform may provide tools or features that enable users to share content, but it is the responsibility of each user to ensure that they have the necessary rights to share such content. Unauthorized use of copyrighted material may result in the removal of content, suspension of accounts, or other legal consequences. Users should also be aware that repeated infringement may lead to the termination of their accounts in accordance with The Service's policies.
6. Indemnification
Users agree to indemnify, defend, and hold harmless The Service, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (i) your access to or use of The Platform; (ii) your violation of these DMCA policies; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) your violation of any applicable law or regulation.
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. Continued use of The Platform following the posting of changes constitutes acceptance of those changes.
If you have any questions or concerns regarding this DMCA policy, please contact our designated copyright agent at the address provided on The Platform. We are committed to addressing any copyright-related issues in a timely and effective manner. Please include all relevant information in your communication to ensure that we can assist you appropriately.
