DMCA
Last Updated: 2026-01-01
Everything you need
1. Introduction
The Digital Millennium Copyright Act (DMCA) is a significant piece of legislation in the United States that addresses copyright infringement in the digital environment. It was enacted in 1998 to implement two 1996 treaties of the World Intellectual Property Organization (WIPO) and has since become a critical framework for protecting the rights of copyright holders while also providing certain protections for online service providers. This document outlines the DMCA policy as it pertains to The Service, detailing the procedures for reporting copyright infringement, the rights of users and copyright holders, and the liabilities associated with such actions.
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 to our designated Copyright Agent. 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 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 sufficient information to allow The Service to contact you. Upon receiving a valid notification, The Service will take appropriate action, which may include the removal of the infringing material.
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 provider adheres to certain requirements. To qualify for Safe Harbor, The Service must not have actual knowledge of the infringing material or be 'aware of facts or circumstances from which infringing activity is apparent.' Furthermore, upon receiving a proper DMCA notice, The Service must act expeditiously to remove or disable access to the infringing material. This provision encourages service providers to facilitate the removal of infringing content while protecting them from liability, thereby fostering a balanced approach to copyright enforcement.
4. Counter-Notices
If material that you have posted on The Service has been removed due to a DMCA notification, you may file a counter-notice with our Copyright Agent. A counter-notice must include your physical or electronic signature, identification of the material that has been removed, a statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification, and your contact information. Upon receipt of a valid counter-notice, The Service will restore the removed material unless the copyright owner files an action seeking a court order against you.
5. Rights and Responsibilities of Users
Users of The Service are responsible for ensuring that any content they upload or share does not infringe upon the copyrights or other intellectual property rights of third parties. By using The Service, users agree to comply with all applicable laws and regulations regarding copyright and intellectual property. Users must also understand that repeated infringement may lead to the termination of their access to The Service. The Service reserves the right to remove any content that it believes, in its sole discretion, violates the rights of any third party or is otherwise objectionable.
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 or 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. Users acknowledge that their use of The Service is at their sole risk.
7. Limitation of Liability
In no event shall The Service, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of The Service, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, even if The Service has been advised of the possibility of such damages. The total liability of The Service for any claims arising out of or relating to this DMCA policy or the use of The Service shall not exceed the amount paid by the user, if any, for accessing The Service.
8. 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 to stay informed about how The Service is protecting their rights and the rights of copyright holders. Continued use of The Service following the posting of changes constitutes acceptance of those changes.
9. Contact Us
If you have any questions about this DMCA policy, please contact our designated Copyright Agent at the address provided on The Service. We are committed to addressing any concerns regarding copyright infringement and will respond promptly to all inquiries.
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