1. Introduction
This Digital Millennium Copyright Act (DMCA) policy outlines the procedures for addressing claims of copyright infringement on The Service. The DMCA is a United States copyright law that provides a safe harbor for online service providers, allowing them to avoid liability for copyright infringement by taking down infringing content when they receive proper notification. This policy is designed to comply with the DMCA and to inform users of their rights and responsibilities under the law.
2. Legal Framework
Under the DMCA, a copyright owner may submit a notification of claimed infringement to The Service, which must include specific information as outlined in 17 U.S.C. § 512(c)(3). This includes 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 sufficient to permit The Service to contact the complaining party. Upon receipt of a valid notice, The Service will take appropriate action to remove or disable access to the infringing material.
3. Safe Harbor Provisions
The Service operates under the safe harbor provisions of the DMCA, which protect it from liability for copyright infringement provided that it meets certain criteria. To qualify for safe harbor, The Service must not have actual knowledge of infringing activity, must not be aware of facts or circumstances from which infringing activity is apparent, and must act expeditiously to remove or disable access to infringing material once notified. Additionally, The Service must not receive a financial benefit directly attributable to the infringing activity if it has the right and ability to control such activity.
4. Counter-Notices
If material that has been removed or access to it has been disabled is the subject of a counter-notice, The Service will restore the material or cease disabling access within 10 to 14 business days, unless the copyright owner files an action seeking a court order against the user. A counter-notice must include the user's physical or electronic signature, identification of the material that has been removed, a statement under penalty of perjury that the user believes in good faith that the material was removed or disabled as a result of mistake or misidentification, and the user's name, address, and telephone number.
5. User 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. Users must not upload, post, or otherwise distribute any content that they do not have the right to use. The Service reserves the right to terminate the accounts of users who infringe or repeatedly infringe the copyrights of others. Users are encouraged to report any suspected copyright infringement to The Service.
6. Disclaimer of Liability
The Service disclaims any liability for any claims, losses, or damages arising from the use of the platform or any content provided therein. The Service does not guarantee the accuracy, completeness, or usefulness of any information on the platform and is not responsible for any errors or omissions in the content. Users are advised to seek professional advice before acting on any information obtained from The Service.
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 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 platform after any changes constitutes acceptance of the new terms.
For any questions regarding this DMCA policy, or to submit a notice of claimed infringement or a counter-notice, please contact The Service at the designated email address provided on the platform. All communications should include sufficient information to allow The Service to respond appropriately, including the user's name, contact information, and a detailed description of the issue.
9. General Disclaimer
The information provided on The Service is for general informational purposes only and is not intended to be legal advice. Users should consult with a qualified attorney for advice regarding their specific legal issues. The Service does not guarantee the accuracy or completeness of the information provided and is not responsible for any errors or omissions.
10. No Professional Advice
The Service does not provide professional advice, including legal, financial, or medical advice. Users should seek the advice of qualified professionals in their respective fields before making any decisions based on the information provided on The Service.
11. Affiliate Disclosure
The Service may contain links to affiliate websites, and The Service may receive compensation for any purchases made through those links. This does not affect the price users pay for products or services and does not influence the content provided on The Service.
12. External Links Disclaimer
The Service may contain links to third-party websites. The Service is not responsible for the content or practices of these external sites and does not endorse or make any representations about them. Users access these sites at their own risk.
