This DMCA Takedown Policy sets forth the procedures for reporting alleged copyright infringement and for responding to counter-notifications, in compliance with the Digital Millennium Copyright Act (DMCA). By accessing or using web-based services, users agree to adhere to the procedures described herein.
1. Designated Agent: To report alleged infringement, copyright owners or their agents must provide notification directed to the designated agent. Contact information for the designated agent will be made available through services. Notices should be submitted in writing and include the following:
a. Physical or electronic signature of the copyright owner or authorized representative;
b. Identification of the copyrighted work claimed to have been infringed;
c. Identification of infringing material with sufficient detail to enable its location (e.g., URL, description of location on site);
d. Contact information, including name, address, telephone number, and email address;
e. A statement of good faith belief that use of the material is unauthorized; and
f. A statement under penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
2. Counter-Notification: If content has been removed or access disabled based on a takedown notice, an alleged infringer may submit a counter-notification to the designated agent containing:
a. Physical or electronic signature of the alleged infringer;
b. Identification of the material removed or disabled and its previous location;
c. A statement under penalty of perjury that user has a good faith belief that the material was removed due to mistake or misidentification;
d. The user’s contact information, including address, telephone number, and email address; and
e. Consent to the jurisdiction of the federal district court for the user’s address, or, if outside the United States, any judicial body where the provider may be found, and consent to accept service of process from the complaining party.
3. Notification Process:
a. Upon receipt of a valid DMCA takedown notice, the provider will expeditiously remove or disable access to the allegedly infringing content.
b. Affected users will be notified of the removal and provided with a copy of the takedown notice.
c. Affected users may submit a counter-notification following prescribed requirements.
d. Upon receipt of a valid counter-notification, the provider will promptly forward it to the original complainant. Unless the complainant notifies the provider within fourteen (14) business days that a lawsuit has been filed seeking a court order regarding the infringing material, the provider may restore the content.
4. Repeat Infringers: The provider reserves the right to terminate in appropriate circumstances accounts of users who are repeat infringers.
5. No Warranty or Liability: The provider is not responsible for monitoring user-generated content. Nothing in this policy implies a warranty or endorsement of content submitted by users.
6. Compliance with Law: The provider complies with all applicable intellectual property laws and cooperates with lawful requests from law enforcement or judicial authorities.
7. Updates: This DMCA Takedown Policy may be amended to reflect changes in law or operational practices. Continued use of services after updates constitutes acceptance of the revised policy.