4. Counter-Notification
If The Service removes or disables access to material in response to a notification of infringement, the affected user may submit a counter-notification. A counter-notification must include the following information: a physical or electronic signature of the user; identification of the material that has been removed or to which access has been disabled; a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification; the user's name, address, telephone number, and a statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which The Service may be found; and a statement that the user will accept service of process from the person who provided the original notification of infringement or an agent of such person.
5. Repeat Infringers Policy
The Service maintains a policy for the termination of accounts of users who are found to be repeat infringers. A repeat infringer is defined as a user who has been the subject of multiple notifications of infringement. Upon receiving a notification of infringement, The Service will investigate the claim and, if warranted, will take appropriate action, which may include removing the infringing material or terminating the user's account. This policy is designed to deter copyright infringement and to protect the rights of copyright owners.
6. Limitations of Liability
The DMCA provides certain limitations on liability for online service providers. Specifically, The Service is not liable for any damages resulting from the removal or disabling of access to material that is claimed to be infringing, provided that such actions are taken in good faith and in accordance with the DMCA. Furthermore, The Service is not liable for any damages resulting from the failure to remove or disable access to material that is claimed to be infringing, unless it can be shown that The Service had actual knowledge of the infringing activity or was aware of facts or circumstances that made the infringing activity apparent.
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 the revised policy on The Platform. Users are encouraged to review this policy periodically to stay informed about how The Service is addressing copyright infringement claims. Continued use of The Service following the posting of any changes constitutes acceptance of those changes.
For any questions regarding this DMCA policy, or to submit a notification of infringement or a counter-notification, please contact The Service's designated agent at the following address: [Designated Agent's Name], [Designated Agent's Address], [Designated Agent's Email Address]. It is important to provide all required information in order to ensure that your claim is processed efficiently.
9. Disclaimer
This DMCA policy is provided for informational purposes only and does not constitute legal advice. The Service makes no representations or warranties regarding the accuracy or completeness of the information contained herein. Users are encouraged to consult with legal counsel for advice regarding copyright law and the DMCA. The Service is not responsible for any errors or omissions in this policy or for any actions taken in reliance on the information provided.
10. No Professional Advice
The information provided in this DMCA policy is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Users should not act upon this information without seeking professional legal counsel. The Service does not endorse or recommend any specific legal advice or counsel and is not responsible for any actions taken based on the information provided in this policy.
11. Fair Use Notice
This DMCA policy acknowledges the principles of fair use as outlined in Section 107 of the Copyright Act. Fair use allows for limited use of copyrighted material without permission from the copyright owner for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Users are encouraged to understand the fair use doctrine and to seek legal advice if they have questions about whether their use of copyrighted material qualifies as fair use.
