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 addressing copyright infringement on the internet, particularly in relation to the distribution of copyrighted materials online. The Service is committed to complying with the DMCA and respects the intellectual property rights of others. This document outlines the procedures for reporting copyright infringement, the rights of copyright owners, and the responsibilities of users of The Service.

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 of claimed infringement to our designated 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 claimed to have 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 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 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 valid DMCA takedown notice, The Service must act expeditiously to remove or disable access to the infringing material. Additionally, The Service must adopt and implement a policy for terminating the accounts of repeat infringers in appropriate circumstances. This safe harbor allows The Service to operate without the constant fear of liability for the actions of its users, as long as it adheres to the DMCA's requirements.

4. Counter-Notification

If material that you posted has been removed due to a DMCA takedown notice, you may file a counter-notification with The Service. The counter-notification must include: your physical or electronic signature; identification of the material that has been removed and the location at which the material appeared before it was removed; 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, including your address, telephone number, and email address. Upon receiving a valid counter-notification, The Service will forward it to the original complainant and may restore the removed material within 10 to 14 business days unless the complainant files an action seeking a court order against you.

5. Rights and Responsibilities

Users of The Service are responsible for ensuring that their use of the platform does not infringe upon the intellectual property rights of others. By submitting content to The Service, users represent and warrant that they have the necessary rights to do so and that the content does not violate any applicable laws or regulations. The Service reserves the right to remove any content that it believes, in its sole discretion, violates this policy or the rights of any third party. Furthermore, users may be held liable for any damages resulting from their infringement of copyright or other intellectual property rights.

6. Disclaimer of Warranties

The Service is provided on an 'as-is' and 'as-available' basis. The Service makes no representations or warranties of any kind, express or implied, regarding the operation of The Service, the information, content, materials, or products included on The Service. To the fullest extent permissible by applicable law, The Service disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Service does not warrant that The Service, its servers, or email sent from The Service are free of viruses or other harmful components. Users acknowledge that their use of The Service is at their own risk.

7. 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 Service. 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 any provision of this policy is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

8. Contact Information

If you have any questions about this DMCA policy, please contact us at the designated email address provided on The Service. We will respond to your inquiry as soon as possible. For copyright infringement notifications, please ensure that you follow the procedures outlined above to ensure that your claim is properly addressed. The Service is committed to addressing any valid copyright claims in accordance with the DMCA and will take appropriate action to protect the rights of copyright owners.