1. Introduction
This Digital Millennium Copyright Act (DMCA) policy outlines the procedures for reporting copyright infringement and the rights and responsibilities of users and the platform. The DMCA is a United States copyright law that provides a mechanism for copyright holders to protect their works from unauthorized use. The Service respects the intellectual property rights of others and expects users to do the same. This policy is designed to comply with the DMCA and to provide a clear process for addressing claims of copyright infringement.
2. Legal Framework
The DMCA establishes 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 safe harbor, the platform 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 policy outlines the steps that copyright holders must take to notify the platform of alleged infringement and the procedures that the platform will follow in response.
3. Reporting Copyright Infringement
To report copyright infringement, the copyright owner or an authorized representative must submit a written notification to the designated agent of the platform. The 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 reasonably sufficient to permit the platform to locate the material; the contact information of the complaining party, including an address, telephone number, and email address; a statement that the complaining party has 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, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
4. Counter-Notices
If a user believes that their material has been removed or disabled by mistake or misidentification, they may submit a counter-notice to the platform. The counter-notice must include the following information: a physical or electronic signature of the user; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 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 name, address, telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which the platform may be found, and that the user will accept service of process from the person who provided the original notification of infringement or an agent of such person.
5. User Rights and Responsibilities
Users of the platform are responsible for ensuring that their use of the service does not infringe the intellectual property rights of others. Users must not upload, post, or otherwise make available any content that infringes the copyright, trademark, or other intellectual property rights of any third party. The platform reserves the right to remove any content that it believes, in its sole discretion, to be infringing or otherwise objectionable. Users are encouraged to report any suspected infringement to the platform in accordance with the procedures outlined in this policy.
6. Indemnification
Users agree to indemnify, defend, and hold harmless the platform, 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 their use of the service, their violation of this DMCA policy, or their infringement of any intellectual property or other rights of any third party.
7. Limitation of Liability
In no event shall the platform, its affiliates, or their respective officers, directors, employees, or agents 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) the use or the inability to use the service; (ii) any unauthorized access to or use of the platform's servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not the platform has been informed of the possibility of such damage.
8. Changes to This Policy
The platform reserves the right to modify this DMCA policy at any time. Any changes will be effective immediately upon posting the revised policy on the website. 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 have any questions about this DMCA policy, please contact us at the designated agent's contact information provided on the website. We will respond to your inquiries as soon as possible and will work to address any concerns you may have regarding copyright infringement or this policy.
