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DMCA

Last Updated: 2026-01-28

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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. The DMCA provides a framework for copyright owners to protect their works online and establishes the responsibilities of online service providers (OSPs) in relation to copyright infringement. This document outlines the procedures and policies that govern the handling of copyright infringement claims on The Service.

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2. Legal Framework

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 providers comply with certain requirements. To qualify for safe harbor, a service provider must not have actual knowledge of infringement, must not be 'willfully blind' to infringing activity, and must act expeditiously to remove or disable access to infringing material upon receiving proper notification. This means that The Platform must have a designated agent to receive notifications of claimed infringement and must respond to such notifications in accordance with the DMCA.

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3. Notification of Claimed Infringement

To initiate a claim of copyright infringement under the DMCA, a copyright owner must provide a written notification to The Service's designated agent. This notification must include specific information, such as a description of the copyrighted work that has been infringed, a description of the infringing material, the location of the infringing material on The Platform, the contact information of the complaining party, and a statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner. Upon receipt of a valid notification, The Service will take appropriate action to remove or disable access to the infringing material.

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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's designated agent. This counter-notification must include the user's name, address, and telephone number, 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 as a result of a mistake or misidentification. Upon receiving a valid counter-notification, The Service may restore the removed material after a period of ten to fourteen business days, unless the copyright owner files an action seeking a court order against the user.

5. Rights and Liabilities

The DMCA establishes the rights of copyright owners and the liabilities of service providers. Copyright owners have the right to control the use of their works and to seek remedies for infringement. Service providers, on the other hand, are afforded protection from liability as long as they adhere to the DMCA's requirements. However, if a service provider fails to comply with the DMCA, they may be held liable for damages resulting from copyright infringement. This includes monetary damages and, in some cases, statutory damages, which can be substantial.

6. User 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 not to upload, post, or otherwise transmit any content that violates copyright law. 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 termination of the user's account.

7. 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 any updates. Continued use of The Service following the posting of changes constitutes acceptance of those changes. If any changes are made that materially affect the rights of users, The Service will provide notice to users via email or through a prominent notice on The Platform.

8. Contact Us

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's designated agent at the contact information provided on The Platform. It is important to provide all necessary information to ensure that the claim or counter-notification can be processed efficiently. The Service is committed to addressing copyright issues promptly and in accordance with the DMCA.

9. Disclaimer

This DMCA policy is intended to provide a clear understanding of the procedures and responsibilities related to copyright infringement on The Service. However, it does not constitute legal advice. Users are encouraged to seek professional legal counsel if they have questions about copyright law or their rights under the DMCA. The Service does not guarantee that the information provided herein is accurate, complete, or current. Users should independently verify any information before relying on it.

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