DMCA
Last Updated: 2026-10-13
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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). The DMCA is designed to protect the rights of copyright holders while also providing a framework for internet service providers (ISPs) and website operators to limit their liability for copyright infringement that may occur through their services. This document outlines the policies and procedures that The Service follows in compliance with the DMCA, including how copyright holders can submit notices of claimed infringement and how users can respond to such notices.
2. Copyright Infringement Notification
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide The Service's designated copyright agent with a written notice that includes the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and where it is located on The Platform; (iv) your contact information, including your address, telephone number, and email address; (v) 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 (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright.
3. Counter-Notification
If you believe that your material has been removed by mistake or misidentification, you may submit a counter-notification to The Service's designated copyright agent. To be effective, a counter-notification must include the following: (i) your physical or electronic signature; (ii) identification of the material that has been removed and the location at which the material appeared before it was removed; (iii) 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 (iv) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court in the district where you reside, or if your address is outside of the United States, for any judicial district in which The Service may be found, and that you will accept service of process from the person who provided the original notification of claimed infringement or an agent of such person.
4. Safe Harbor Provisions
The DMCA provides a 'safe harbor' provision for online service providers, which includes The Service, that allows them to avoid liability for copyright infringement under certain conditions. To qualify for safe harbor, The Service must not have actual knowledge of infringing material or be 'aware of facts or circumstances from which infringing activity is apparent.' Additionally, The Service must act expeditiously to remove or disable access to infringing material upon receiving proper notification. This means that The Service must have a policy in place for responding to notices of claimed infringement and must comply with the requirements set forth in the DMCA to maintain its safe harbor status.
5. User Responsibilities
Users of The Platform are responsible for ensuring that their use of the service complies with all applicable laws, including copyright laws. Users must not upload, post, or otherwise make available any content that infringes the intellectual property rights of others. The Service reserves the right to remove any content that it believes, in its sole discretion, may infringe the rights of any third party or violate any applicable law. Additionally, users may be subject to legal action if they engage in copyright infringement or if they fail to comply with the terms of this DMCA policy.
6. Changes to This DMCA 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. It is the responsibility of users to review this policy periodically for any updates or changes. Continued use of The Service following the posting of any changes constitutes acceptance of those changes. If any changes are made that materially alter the rights or obligations of users, The Service will provide notice of such changes through appropriate means.
7. Contact Information
For any questions regarding this DMCA policy or to submit a notice of claimed infringement or a counter-notification, please contact The Service's designated copyright agent at the following address: [Insert Contact Information]. All communications should include the subject line 'DMCA Notice' or 'DMCA Counter-Notice' as appropriate.
8. Disclaimer
The Service makes no representations or warranties regarding the accuracy, reliability, or completeness of any content available on The Platform. The Service is not responsible for any errors or omissions in the content or for any damages arising from the use of the content. Users are encouraged to conduct their own research and seek professional advice where necessary. The Service does not endorse any third-party content or services linked to from The Platform and is not responsible for the content or practices of such third-party sites.
9. Limitation of Liability
In no event shall The Service, its affiliates, or its licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of The Platform or the content available therein. This limitation of liability applies to all claims, regardless of the legal theory under which such claims are brought, and even if The Service has been advised of the possibility of such damages.
10. Governing Law
This DMCA policy shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles. Any disputes arising out of or relating to this policy shall be resolved in the courts located in [Insert County/City], and users consent to the jurisdiction of such courts.
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