DMCA

1. Introduction

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted in 1998. It aims to protect the rights of copyright holders while also addressing the challenges posed by the internet and digital technologies. The Service respects the intellectual property rights of others and expects users of the Platform to do the same. This DMCA policy outlines the procedures for reporting copyright infringement and the rights and responsibilities of both copyright holders and users of the Platform.

2. Legal Framework

The DMCA provides a safe harbor provision that protects online service providers from liability for infringing content uploaded by users, 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 aware of facts or circumstances that would make the infringing activity apparent, and must act expeditiously to remove or disable access to the infringing material upon receiving a proper notification. This framework encourages the growth of online platforms while safeguarding the rights of copyright holders.

3. Reporting Copyright Infringement

If you believe that your copyrighted work has been infringed by content on The Service, you may submit a notification to our designated agent. Your notification must include 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, your contact information, and a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner. Upon receiving a valid notice, The Service will investigate the claim and may remove or disable access to the infringing material.

4. Counter-Notices

If you believe that your material has been removed or disabled by mistake or misidentification, you may submit a counter-notice to our designated agent. Your 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 or disabled as a result of mistake or misidentification, and your contact information. Upon receiving a valid counter-notice, The Service will restore the material unless the copyright owner files an action seeking a court order against you.

5. Rights and Responsibilities

Users of The Service are responsible for ensuring that their content does not infringe upon the copyrights of others. By using the Platform, users agree to comply with all applicable laws and regulations regarding copyright and intellectual property. The Service reserves the right to terminate the accounts of users who repeatedly infringe upon the copyrights of others. Additionally, users are encouraged to report any suspected copyright infringement to ensure that the Platform remains a safe and lawful environment for all.

6. Disclaimer of Warranties

The Service provides the Platform on an 'as is' and 'as available' basis. We do not warrant that the Platform will be uninterrupted, secure, or free of errors. The Service disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Users acknowledge that any reliance on the information or materials provided on the Platform is at their own risk.

7. Limitation of Liability

In no event shall The Service, its affiliates, or its licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with the use of or inability to use the Platform. This limitation of liability applies to the fullest extent permitted by law and applies even if The Service has been advised of the possibility of such damages.

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 courts located within that state for the resolution of any disputes.

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 to stay informed about our practices regarding copyright and intellectual property. Continued use of the Platform after any changes constitutes acceptance of the revised policy.

10. Contact Us

If you have any questions or concerns regarding this DMCA policy, please contact us at the designated email address provided on The Service. We are committed to addressing any inquiries related to copyright infringement and ensuring compliance with the DMCA.