DMCA

1. Introduction

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The DMCA is designed to protect copyright holders from the unauthorized use of their works on the internet. This document outlines the procedures for reporting copyright infringement and the rights and responsibilities of both copyright holders and users of The Service. It is important for users of The Platform to understand the implications of the DMCA, including the safe harbor provisions that protect online service providers from liability for infringing content posted by users.

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 agent. Your notification must include the following information: 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 reasonably sufficient to permit The Service 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 Provisions

The DMCA provides a safe harbor provision that protects online service providers from liability for infringing content posted by users, provided that the service provider complies 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 material infringing, and must act expeditiously to remove or disable access to the infringing material upon receiving proper notification. This means that The Platform is not liable for user-generated content as long as it adheres to the DMCA guidelines and promptly addresses any valid infringement claims.

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 or disabled and the location at which the material appeared before removal; a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; and your contact information, including your address, telephone number, and email address. Upon receiving a valid counter-notice, The Service may restore the removed material, unless the copyright owner files an action seeking a court order against you.

5. User Responsibilities

Users of The Platform are responsible for ensuring that their use of the service does not infringe upon the intellectual property rights of others. This includes obtaining necessary permissions or licenses for any copyrighted material used in their content. Users should be aware that repeated infringement may result in the termination of their accounts and access to The Service. The Platform reserves the right to monitor user-generated content and take action against any content that violates copyright laws or the terms of service.

6. Disclaimer of Warranties

The Service is provided on an 'as is' and 'as available' basis. The Platform makes no representations or warranties of any kind, express or implied, regarding the operation of The Service, the information, content, materials, or products included on The Service. To the fullest extent permissible by applicable law, The Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Platform does not warrant that The Service will be uninterrupted or error-free, and The Platform will not be liable for any interruptions or errors.

7. Limitation of Liability

In no event shall The Platform, its affiliates, or their respective directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of The Service, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, even if The Platform has been advised of the possibility of such damages. The liability of The Platform for any claim arising out of or relating to this agreement shall not exceed the amount paid by you, if any, for accessing The Service.

8. Governing Law

These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which The Service operates, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these terms shall be brought exclusively in the courts located within that jurisdiction. By using The Service, you consent to the jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts.

9. Changes to This Policy

The Platform 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. It is your responsibility to review this policy periodically for any updates. Your continued use of The Service after any changes to this policy constitutes your acceptance of the revised terms. If you do not agree to the changes, you must cease using The Service.

10. Contact Us

If you have any questions or concerns regarding this DMCA policy, please contact us at the designated agent's contact information provided on The Service. We are committed to addressing any inquiries or complaints you may have regarding copyright infringement and will respond to all valid notifications in a timely manner.