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 protect the rights of copyright holders and to provide a framework for addressing copyright infringement on the internet. This document outlines the procedures for reporting copyright infringement and the rights and responsibilities of users and copyright owners in relation to The Service. It is essential for users of The Platform to understand that unauthorized use of copyrighted material may result in civil and criminal penalties.
2. Copyright Infringement Notification
If you believe that your copyrighted work has been infringed upon by The Service, you may submit a notification to our designated 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.
3. Safe Harbor Provision
The DMCA provides a 'safe harbor' provision that protects online service providers from liability for copyright infringement by their users, provided that the service providers comply with certain requirements. 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. This means that The Platform is not liable for the content uploaded by users unless it is proven that The Service had knowledge of the infringement and failed to act.
4. Counter-Notifications
If you believe that your material has been removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated agent. 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 a 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 or an agent of such person.
5. User Responsibilities
Users of The Service are responsible for ensuring that their use of the Platform does not infringe upon the rights of any third party, including copyright, trademark, and other intellectual property rights. Users must not upload, post, or otherwise transmit any content that infringes upon the intellectual property rights of others. The Service reserves the right to remove any content that it believes, in its sole discretion, may infringe upon the rights of any third party or violate any applicable law. Additionally, users may be subject to legal action if they engage in infringing activities.
6. Indemnification
By using The Service, users agree to indemnify, defend, and hold harmless The Platform, its affiliates, and their respective officers, directors, employees, agents, and licensors 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 their use of The Service, their violation of these terms, or their infringement of any intellectual property or other rights of any third party.
7. Limitation of Liability
Under no circumstances shall The Service, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use The Service; (ii) any conduct or content of any third party on The Service; (iii) any content obtained from The Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not The Service has been informed of the possibility of such damage.
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 Platform. Users are encouraged to review this policy periodically for any updates. Continued use of The Service after any changes to this policy constitutes acceptance of those changes. If you do not agree to the changes, you must stop using The Service.
If you have any questions or concerns about this DMCA policy, please contact us at the designated agent's contact information provided on The Service. We are committed to addressing any concerns you may have regarding copyright infringement and the protection of intellectual property rights.
10. Disclaimer
The information provided on The Service is for general informational purposes only and should not be construed as legal advice. The Service makes no representations or warranties regarding the accuracy, reliability, or completeness of the information contained on the Platform. Users are encouraged to seek professional legal advice regarding any specific legal issues or questions they may have. Additionally, The Service may contain links to third-party websites. The Platform does not endorse or assume any responsibility for the content or practices of these websites. Users access such sites at their own risk.
