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. The DMCA provides a framework for copyright holders to protect their works online and establishes a safe harbor for online service providers (OSPs) from liability for copyright infringement, provided they comply with certain requirements. This document outlines the procedures and rights under the DMCA as they pertain to The Service.

2. Copyright Infringement Notification

If you believe that your copyrighted work has been infringed upon by content on The Platform, you may submit a notification to our designated agent. The notification must include 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 sufficient information to allow us to contact you. Upon receipt of a valid notification, we will take appropriate action, which may include the removal of the infringing material.

3. Safe Harbor Provision

The DMCA provides a 'safe harbor' provision that protects online service providers from liability for copyright infringement, provided they meet certain criteria. To qualify for safe harbor, The Service must not have actual knowledge of infringing activity, must not be 'willfully blind' to such activity, and must act expeditiously to remove or disable access to infringing material upon receiving a valid DMCA notice. This means that The Service is not liable for user-generated content unless it is made aware of the infringement and fails to act appropriately.

4. Counter-Notification

If material that you have posted has been removed due to a DMCA notification, you may file a counter-notification. This counter-notification must include your physical or electronic signature, identification of the material that has been removed, a statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification, and your contact information. Upon receipt of a valid counter-notification, The Service may restore the removed material within 10 to 14 business days unless the original complainant files a lawsuit seeking a court order against you.

5. Repeat Infringer Policy

In accordance with the DMCA, 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 DMCA notifications. This policy is intended to protect the rights of copyright holders and to ensure compliance with copyright law. The Service reserves the right to determine, in its sole discretion, whether a user has engaged in repeat infringement.

6. Disclaimer of Warranties

The Service provides the platform and tools for users to share content, but it does not guarantee the accuracy, reliability, or legality of any content posted by users. The Service disclaims all warranties, express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Users are solely responsible for their interactions with other users and for their content. The Service is not liable for any damages arising from the use of the platform or from any content posted by users.

7. Limitation of Liability

To the fullest extent permitted by law, The Service shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to 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.

8. Governing Law

This DMCA policy and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State in which The Service operates, without regard to its conflict of law principles. Any legal action or proceeding arising out of or related to this policy shall be brought exclusively in the courts located within that jurisdiction, and you consent to the jurisdiction of such courts.

9. 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. Your continued use of The Service after any changes to this policy constitutes your acceptance of the new terms. It is your responsibility to review this policy periodically for any updates or changes.

10. Contact Us

If you have any questions about this DMCA policy, please contact us at the designated email address provided on The Service. We are committed to addressing any concerns you may have regarding copyright infringement and will respond to inquiries in a timely manner.