DMCA

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. This law provides a framework for copyright owners to protect their works from unauthorized use and establishes a 'safe harbor' for online service providers, including The Service, which allows them to avoid liability for copyright infringement under certain conditions. This document outlines the procedures and policies that The Service follows in compliance with the DMCA.

2. Safe Harbor Provisions

The DMCA includes provisions that protect online service providers from liability for copyright infringement committed by their users, provided that the service providers comply with specific requirements. To qualify for 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.' Additionally, upon receiving proper notification of claimed infringement, The Service must act expeditiously to remove or disable access to the infringing material. This section outlines the responsibilities and rights of both The Service and copyright holders in relation to the safe harbor provisions.

3. Notification of Claimed Infringement

To initiate a DMCA takedown request, copyright owners must submit a written notification to The Service's designated agent. This notification must include specific information as outlined in 17 U.S.C. § 512(c)(3), including 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 permit The Service to contact the complaining party. The Service will respond to valid takedown notices in accordance with the DMCA.

4. Counter-Notification

If a user believes that their content has been removed or disabled by mistake or misidentification, they may submit a counter-notification to The Service's designated agent. This counter-notification must include the user's physical or electronic signature, identification of the material that has been removed, 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 mistake or misidentification, and the user's contact information. Upon receiving a valid counter-notification, The Service will restore the removed material within 10 to 14 business days unless the copyright owner files a court action.

5. Rights and Liabilities

Under the DMCA, copyright owners have the right to enforce their copyrights by submitting takedown notices to service providers. However, the law also provides protections for users who may be wrongly accused of copyright infringement. The Service is committed to ensuring that the rights of both copyright owners and users are respected. It is important to note that submitting a false takedown notice can result in liability for damages, including costs and attorney's fees incurred by the alleged infringer. Therefore, all parties are encouraged to act in good faith and to understand their rights and responsibilities under the DMCA.

6. Repeat Infringers Policy

The Service maintains a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. A repeat infringer is defined as a user who has been the subject of multiple valid takedown notices. This policy is designed to protect the rights of copyright owners while also ensuring that users are treated fairly. The Service will make reasonable efforts to notify users of any claims of infringement and provide them with an opportunity to address the claims before taking action.

7. Disclaimer of Warranties

The Service provides no warranty, express or implied, regarding the accuracy, reliability, or completeness of any content or information provided on the platform. The Service does not guarantee that the materials available on the platform will be free from infringement of third-party rights. Users are encouraged to conduct their own due diligence and seek legal advice if they have questions regarding copyright law or their rights under the DMCA.

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 on the website. Users are encouraged to review this policy periodically to stay informed about any updates. Continued use of The Service following the posting of changes constitutes acceptance of those changes.

9. Contact Us

For any questions regarding this DMCA policy, or to submit a notice of claimed infringement or a counter-notification, please contact The Service's designated agent at the contact information provided on the website. It is important that all communications are clear and include all necessary information to ensure a timely response.