1. Introduction
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The DMCA is designed to protect copyright holders from unauthorized use of their works on the internet and to provide a framework for addressing copyright infringement. This document outlines the policies and procedures that The Service follows in relation to copyright infringement claims and the rights of users under the DMCA.
2. Copyright Infringement Notification
If you believe that your copyrighted work has been infringed upon by The Service, you may submit a notification of claimed infringement 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. Additionally, the notification should identify the copyrighted work claimed to have been infringed, provide a description of the infringing material, and include information sufficient to allow The Service to locate the material. Please include your contact information, including your address, telephone number, and email address, and a statement 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. Safe Harbor Provision
The DMCA provides a 'safe harbor' provision that protects online service providers from liability for copyright infringement, provided that they comply with certain requirements. To qualify for safe harbor, The Service 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 means that The Service is not liable for the actions of its users, as long as it adheres to the DMCA guidelines and promptly addresses any infringement claims.
4. Counter-Notification
If The Service removes or disables access to material in response to a notification of claimed infringement, the user who posted the material may submit a counter-notification. A counter-notification must include a 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 receiving a valid counter-notification, The Service may restore the material unless the copyright owner files an action seeking a court order against the user.
5. Repeat Infringer Policy
The Service has a policy in place to terminate the accounts of users who are determined to be repeat infringers. A repeat infringer is defined as a user who has been notified of infringing activity more than twice and whose infringing activity has been confirmed. This policy is designed to protect the rights of copyright holders and to ensure that The Service remains compliant with the DMCA.
6. User Responsibilities
Users of The Service are responsible for ensuring that their content does not infringe upon the copyrights or other rights of third parties. By using The Service, users agree to comply with all applicable laws and regulations regarding copyright and intellectual property. Users are encouraged to seek permission from copyright holders before using any copyrighted material and to familiarize themselves with the DMCA and its implications.
7. Changes to 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 this website. Users are encouraged to review this policy periodically to stay informed about how The Service is addressing copyright issues. Continued use of The Service following any changes constitutes acceptance of the new terms.
8. Contact Information
For any questions or concerns regarding this DMCA policy, or to submit a notification of claimed infringement or a counter-notification, please contact our designated agent at the address provided on our website. We are committed to addressing any copyright concerns promptly and in accordance with the DMCA.