4. Counter-Notices
Users who receive a DMCA takedown notice have the right to submit a counter-notice if they believe that their content was removed in error or that they have the right to use the material in question. A counter-notice must include specific information, including the user's name, address, and a statement under penalty of perjury that the user has a good faith belief that the material was removed by mistake or misidentification. Upon receiving a valid counter-notice, The Service is required to notify the copyright owner and may restore the removed content within a specified timeframe unless the copyright owner files a lawsuit seeking to restrain the user from engaging in infringing activity.
5. Limitations of Liability
The DMCA provides limitations on liability for service providers like The Service, provided they adhere to the requirements set forth in the Act. This includes not having actual knowledge of infringing material, not being aware of facts or circumstances that would make infringing activity apparent, and acting expeditiously to remove or disable access to infringing material upon receiving a valid DMCA notice. These limitations are designed to encourage service providers to facilitate the sharing of content while protecting them from being held liable for the actions of their users.
6. Disclaimer of Warranties
The Service provides its platform and services on an 'as is' basis without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Service does not guarantee that the platform will be uninterrupted, secure, or free of errors. Users are responsible for their use of the platform and should not rely on any information or content provided on The Service without conducting their own due diligence.
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 protecting copyright and addressing infringement issues. Continued use of the platform following any changes constitutes acceptance of the revised policy.
For any questions or concerns regarding this DMCA policy or to submit a DMCA notice or counter-notice, users may contact The Service's designated agent at the contact information provided on the platform. It is important for users to provide accurate and complete information in their communications to ensure timely and effective responses to their inquiries.