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 copyright owners from the unauthorized use of their works on the internet while also providing a framework for internet service providers and website operators to limit their liability for copyright infringement. This document outlines the DMCA policy for The Service, detailing the procedures for reporting copyright infringement and the rights and responsibilities of all parties involved.
2. Copyright Infringement Notification
If you believe that your copyrighted work has been infringed upon on The Service, 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 behalf of the owner; identification of the copyrighted work that you claim has 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 internet service providers and website operators from liability for copyright infringement, provided they meet certain criteria. 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.' Upon receiving a proper DMCA notice, The Service must act expeditiously to remove or disable access to the infringing material. Additionally, The Service must adopt and implement a policy that provides for the termination of users who are repeat infringers.
4. Counter-Notice
If material that you posted on The Service has been removed due to a DMCA notice, you may file a counter-notice. A counter-notice must include your physical or electronic signature; identification of the material that has been removed and the location where it appeared before removal; a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of a mistake or misidentification; and your contact information. Upon receipt of a valid counter-notice, The Service will forward it to the original complainant and may restore the material within 10 to 14 business days unless the complainant files an action seeking a court order against you.
5. User Responsibilities
Users of The Service are responsible for ensuring that their content does not infringe upon the copyrights of others. By submitting content to The Service, users represent and warrant that they own the rights to the content or have obtained the necessary permissions to use it. Users agree to indemnify and hold harmless The Service, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, or expenses arising from any content they submit, including any claims of copyright infringement.
6. Changes to the DMCA 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 about how The Service is protecting copyright and addressing infringement. Continued use of The Service after any changes to this policy constitutes acceptance of those changes.
For any questions regarding this DMCA policy, or to submit a notification of claimed infringement or a counter-notice, please contact our designated copyright agent at the address provided on The Service. It is important to provide accurate and complete information to ensure a timely response to your inquiry.
8. Disclaimer
The information provided on The Service is for general informational purposes only and is not intended to be legal advice. Users should consult with a qualified attorney for advice regarding their specific legal issues. The Service does not guarantee the accuracy, completeness, or usefulness of any information on The Service, and users rely on such information at their own risk. The Service is not responsible for any errors or omissions in the content or for any losses, injuries, or damages arising from the use of the information provided.
9. No Professional Advice
The Service does not provide professional advice, including legal, financial, or medical advice. Users should seek the advice of qualified professionals for any specific questions or concerns they may have. The Service is not liable for any decisions made based on the information provided on The Service, and users assume all risks associated with their reliance on such information.
10. Affiliate Disclosure
The Service may contain links to third-party websites or services that may offer affiliate programs. This means that The Service may earn a commission if users click on those links and make a purchase. However, this does not affect the price users pay for any products or services. The Service does not endorse or guarantee the quality or reliability of any third-party products or services.
11. External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by The Service. The Service does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. Users are encouraged to review the terms and conditions and privacy policies of any external sites they visit, as The Service is not responsible for the content or practices of these sites.
12. Fair Use Notice
The Service may include copyrighted material that has not always been specifically authorized by the copyright owner. The Service makes such material available for educational and informational purposes under the fair use doctrine. If you believe that your copyrighted work has been used in a way that constitutes copyright infringement, please contact us as outlined in this DMCA policy.
