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 infringing content uploaded by users, provided that the OSPs comply with certain requirements. This document outlines the DMCA policy applicable to The Service, detailing the rights and responsibilities of copyright owners, users, and The Platform.
2. Copyright Infringement Notification
Under the DMCA, copyright owners may submit a notification of claimed infringement to The Service if they believe that their copyrighted work has been infringed. The notification must include specific information as outlined in Section 512(c)(3) of the DMCA, including 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 contact information for the complaining party. Upon receipt of a valid notification, The Service will take appropriate action, which may include removing or disabling access to the infringing material.
3. Counter-Notification
If a user believes that their material has been removed or disabled by mistake or misidentification, they may submit a counter-notification to The Service. The counter-notification must include the user's physical or electronic signature, identification of the material that has been removed or 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 contact information. Upon receipt of a valid counter-notification, The Service will restore the material unless the copyright owner files an action seeking a court order against the user.
4. Safe Harbor Provisions
The DMCA provides safe harbor provisions that protect OSPs from liability for copyright infringement committed by their users, provided that the OSPs 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 proper notification. Additionally, The Service must adopt and implement a policy for terminating the accounts of repeat infringers in appropriate circumstances. These provisions encourage OSPs to facilitate the lawful use of their platforms while providing a mechanism for copyright holders to protect their rights.
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 uploading or posting content to The Platform, users represent and warrant that they own or have the necessary rights to use and authorize The Service to use such content. Users are advised to seek permission from copyright owners before using any copyrighted material. The Service reserves the right to remove any content that is reported as infringing and to terminate the accounts of users who violate this policy repeatedly.
6. Disclaimer of Warranties
The Service provides its platform and services on an 'as is' and 'as available' basis without any warranties of any kind, either express or implied. The Service does not warrant that the platform will be uninterrupted, error-free, or free of viruses or other harmful components. The Service disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Users acknowledge that they use the platform at their own risk and that The Service shall not be liable for any damages arising from the use of the platform or the inability to use the platform.
7. Limitation of Liability
In no event shall The Service 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) the use or inability to use the platform; (ii) any unauthorized access to or use of The Service's servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the platform; (iv) any bugs, viruses, or the like that may be transmitted to or from 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 platform.
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. Users agree to submit to the personal jurisdiction of the state and federal courts located within that state for the resolution of any disputes arising from or related to this policy.
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. Users are encouraged to review this policy periodically for any updates. Continued use of The Service following the posting of changes constitutes acceptance of those changes. If any provision of this policy is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
For any questions or concerns regarding this DMCA policy, users may contact The Service at the designated contact information provided on the platform. All inquiries will be addressed in a timely manner. Users are encouraged to provide as much detail as possible to facilitate a thorough response.
