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DMCA

Last Updated: 2025-10-15

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1. Introduction

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted on October 28, 1998. The DMCA implements two 1996 treaties of the World Intellectual Property Organization (WIPO) and is designed to update copyright law for the digital age. This legislation provides a framework for copyright owners to protect their works online and establishes a 'safe harbor' for online service providers (OSPs) from liability for copyright infringement, provided they comply with certain requirements. This document outlines the DMCA policy as it pertains to The Service, detailing the rights and responsibilities of both copyright owners and users of The Platform.

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2. Safe Harbor Provisions

Under the DMCA, online service providers may qualify for safe harbor protection, which shields them from liability for infringing content posted by users, provided they adhere to specific guidelines. 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 content upon receiving proper notification from a copyright owner. This provision encourages service providers to facilitate the sharing of information while protecting the rights of copyright holders.

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3. Notification of Claimed Infringement

To initiate a DMCA takedown process, copyright holders must submit a notification of claimed infringement to The Service. This notification must include specific information, such as a description of the copyrighted work, the location of the infringing material on The Platform, the contact information of the complaining party, and a statement asserting that the use of the material is not authorized by the copyright owner. Upon receipt of a valid notification, The Service will promptly investigate the claim and may remove or disable access to the infringing content.

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4. Counter-Notification

If a user believes that their content has been removed or disabled by mistake or misidentification, they may submit a counter-notification to The Service. This counter-notification must include the user's name, address, a description of the material that was removed, and a statement under penalty of perjury that the user has a good faith belief that the material was removed due to a mistake or misidentification. Upon receiving a valid counter-notification, The Service may restore the removed content unless the original complainant files a lawsuit against the user within a specified timeframe.

5. Rights and Responsibilities of Users

Users of The Service are responsible for ensuring that their content does not infringe on the copyrights of others. By uploading or posting content, users represent and warrant that they have the necessary rights to do so and that such content does not violate any applicable laws or regulations. Users are encouraged to respect the intellectual property rights of others and to seek permission before using copyrighted material. Failure to comply with these responsibilities may result in the removal of infringing content and potential account termination.

6. Repeat Infringer Policy

The Service maintains a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. A repeat infringer is defined as a user who has been the subject of multiple DMCA takedown notices. This policy is intended to deter copyright infringement and to promote a respectful and lawful environment for all users. The Service reserves the right to determine, in its sole discretion, whether a user has engaged in repeat infringement and to take appropriate action.

7. Disclaimer of Liability

The Service disclaims any liability for the removal of content in response to DMCA notifications. The Service does not have any obligation to monitor or review content posted by users and is not responsible for any claims, damages, or losses arising from the removal of content or the failure to remove content. Users acknowledge that The Service is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from their use of The Platform or any content therein.

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 on The Platform. Users are encouraged to review this policy periodically to stay informed about The Service's copyright practices. Continued use of The Service following any changes constitutes acceptance of the revised policy.

9. Contact Information

For any questions or concerns regarding this DMCA policy, or to submit a notification of claimed infringement or a counter-notification, users may contact The Service at the designated contact information provided on The Platform. All communications should include sufficient detail to facilitate a prompt response.

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