1. Introduction
This Digital Millennium Copyright Act (DMCA) policy outlines the procedures for reporting copyright infringement on The Service. The DMCA is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The law provides a framework for copyright holders to protect their works and for service providers to limit their liability for infringing content uploaded by users. This policy is designed to ensure that The Platform complies with the DMCA and to inform users of their rights and responsibilities under the law.
2. Copyright Infringement Notification
If you believe that your copyrighted work has been infringed upon by content on The Service, you may submit a notification to our designated copyright agent. 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; 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 service providers from liability for infringing content uploaded by users, provided that the service provider complies 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 means that The Service is not liable for user-generated content unless it fails to act when it becomes aware of such content.
4. Counter-Notice
If you believe that your material was removed or disabled by mistake or misidentification, you may submit a counter-notice to our designated copyright agent. The counter-notice must include your physical or electronic signature; identification of the material that has been removed or to which access has been disabled; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; your name, address, telephone number, and email address; and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which The Service may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.
5. User Responsibilities
Users of The Service are responsible for ensuring that any content they upload does not infringe upon the copyrights or other intellectual property rights of any third party. By using The Platform, users agree to indemnify and hold harmless The Service, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with any content they submit, post, or transmit through The Service.
6. Changes to This 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 The Platform. Users are encouraged to review this policy periodically to stay informed about how The Service is protecting their rights and responsibilities under the DMCA. Continued use of The Service after any changes constitutes acceptance of the new terms.
For any questions regarding this DMCA policy or to submit a copyright infringement notification or counter-notice, please contact our designated copyright agent at the following address: [Insert Contact Information]. It is important to provide accurate and complete information to ensure that your request is handled promptly.
8. Disclaimer
The Service is provided on an 'as-is' basis without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Platform does not guarantee that the services will be uninterrupted, timely, secure, or error-free. Users are advised that any reliance on the material or information provided on The Service is at their own risk. The Service is not responsible for any errors or omissions in the content or for any losses or damages of any kind arising from the use of any content posted on The Platform.
9. No Professional Advice
The information provided on The Service is for general informational purposes only and should not be construed as professional advice. Users should consult with a qualified professional for any specific legal, financial, or other advice. The Service does not endorse any specific products, services, or opinions mentioned on The Platform.
10. Affiliate Disclosure
The Service may contain links to third-party websites or services that are not owned or controlled by The Platform. The Service has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Users acknowledge and agree that The Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
11. Fair Use Notice
The Service may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. The Platform makes such material available for educational and informational purposes, and we believe this constitutes a 'fair use' of any such copyrighted material as provided for in Section 107 of the U.S. Copyright Law. If you wish to use copyrighted material from The Service for your own purposes that go beyond 'fair use', you must obtain permission from the copyright owner.
