DMCA

1. Introduction

The Digital Millennium Copyright Act (DMCA) was enacted in 1998 to address the challenges posed by the internet to copyright law. The DMCA provides a framework for copyright holders to protect their works online while also establishing a 'safe harbor' provision for online service providers (OSPs) that comply with certain requirements. This document outlines the DMCA policy applicable to The Service, detailing the procedures for reporting copyright infringement, the rights of users and copyright holders, and the responsibilities of The Service in addressing such claims.

2. Copyright Infringement Notification

If you believe that your copyrighted work has been infringed upon by content available on The Service, you may submit a notification to our designated copyright agent. Your notification must include a physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner. Additionally, you must provide a description of the copyrighted work that you claim has been infringed, the location of the infringing material on The Service, your contact information, and a statement asserting that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.

3. Counter-Notification

If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our designated copyright agent. The counter-notification must include your physical or electronic signature, a description of the material that was removed or disabled, the location where the material appeared before it was removed, your contact information, and 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.

4. Safe Harbor Provisions

The DMCA provides safe harbor protections for OSPs, which means that The Service may not be held liable for infringing content uploaded by users, provided that it complies with the DMCA's 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.' Furthermore, upon receiving a valid DMCA notice, The Service must act expeditiously to remove or disable access to the infringing material.

5. User Responsibilities

Users of The Service are responsible for ensuring that their content does not infringe upon the copyrights or other intellectual property rights of third parties. By using The Service, users agree to indemnify and hold harmless The Service from any claims, losses, liabilities, damages, costs, or expenses arising from their content or any violation of this DMCA policy. Users are encouraged to seek permission from copyright holders before using their works and to familiarize themselves with copyright law to avoid potential infringements.

6. Repeat Infringer Policy

In accordance with the DMCA, The Service maintains a policy of terminating, in appropriate circumstances, users who are found to be repeat infringers. A repeat infringer is defined as a user who has been notified of infringing activity more than twice. Upon receiving a valid DMCA notice, The Service will investigate the claim and may take appropriate action, which may include removing the infringing content or terminating the user's account.

7. Changes to This 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 our practices regarding copyright infringement. Continued use of The Service after any modifications constitutes acceptance of the updated policy.

8. Contact Information

For any questions or concerns regarding this DMCA policy, or to submit a copyright infringement notification or counter-notification, please contact our designated copyright agent at the contact information provided on The Service. We take copyright infringement seriously and are committed to addressing any valid claims in accordance with the DMCA.