Digital Millennium Copyright Act (DMCA) Policy
1. Introduction
1.1. This Digital Millennium Copyright Act (DMCA) Policy (hereinafter also referred to as: “document”, “DMCA”, “DMCA Policy”, “ DMCA Statement”, “Policy”, or “Statement”) constitutes a legal document that serves to provide information on how EcomWeber, (hereinafter also referred as: “we”, “us”, “our”, or “Company”) handles copyright or intellectual property rights infringements resulting from a person’s, business’, or enterprise’s (hereinafter referred to as: “you”, “your”, “yours”, “yourself”, “user”, or “client” and plurally referred to as: “them”, “their”, “themselves”, “yourselves”, “users”, or “clients”) usage of our platforms, products, and services (hereinafter collectively also known as: “service”, “product”, “system”, or “platform”, and plurally as: “services”, “products”, “platforms”, or "systems”) via our registered domain, www.ecomweber.com (hereinafter also referred to as: “website”, “domain”, or “URL”).
1.2. Please read this document carefully to get a comprehensive understanding of how we identify and handle alleged or direct copyright infringements in line with your use of our products, services, systems, and website.
2. General
2.1. We, at EcomWeber, respect the intellectual property rights of others. We are in full compliance with the Digital Millennium Copyright Act of 1998 ("DMCA"). Claims of copyright infringement on any of our users' websites, online shops, or marketing materials will be promptly addressed if sent to copyright [@] ecomweber [dot] com.
2.2. Upon receiving a report of suspected copyright infringement, we shall take any and all reasonable action we deem necessary, including, but in no way limited to: removal of allegedly infringing material, notification to appropriate authorities, and/or termination accounts and sites of infringers.
2.3. Further information on this document can be found in our Terms of Service.
3. DMCA
3.1. The Digital Millennium Copyright Act (hereinafter also referred to as: “DMCA”) of 1998 is a United States of America federal law that is designed to protect copyright holders from online theft. Specifically, it protects copyright holders from the unlawful reproduction or distribution of their works.
3.2. The DMCA covers anything that is or can be copyrighted, including, but not limited to:
• Music;
• Movies;
• Works of authorship;
• Art;
• Written content;
• Songs;
• Computer software; and
• Architecture.
4. Procedure
4.1. If you suspect that one of our users has infringed your intellectual property rights, please provide the following information to the designated copyright infringement email (mentioned above):
• A description of the allegedly infringed copyrighted work or other intellectual property;
• A description of the location of the allegedly infringing content on the site;
• A full address, telephone number, and email address at which you may be reached;
• A declaration that you have a good-faith conviction that the use of the alleged copyrighted material is not in fact authorized by the owner of the copyright, other intellectual property rights owners, its agent, or the law.
4.2. As the DMCA is a United States legislation, its policies can only be directly enforced if the infringed upon material is hosted on United States based platforms or sites.
4.3. If you believe your intellectual property rights have been infringed but the infringed materials or yourself are located outside of the United States, please provide all the materials as listed above along with:
• Links to or copies of legislation that protect your intellectual property rights based on your location and/or the infringed material’s location.
4.4. If you believe your intellectual property rights have been infringed upon by one of our Third Parties, you must address your allegations to them directly.
4.4.1. We will and cannot be held liable for any infringements made or caused by Third Parties we work with, as our relationships with them are purely business ones and we do not create nor monitor their offerings, content, or materials.
4.5. Prior to the removal of any potentially infringing content, we may request, at our sole discretion or in accordance with compliance with this policy, additional or supplementary information.
4.6. If we remove allegedly infringing content, we will promptly contact the relevant parties – the complainant and infringer respectively.
4.7. Additionally, we may supply the infringing party with your email address so they may respond directly to your allegations.
5. Warranties, Indemnities, and Limitations of Liability
5.1. We remain committed to investigating, protecting, and enforcing the alleged and actual intellectual property rights of our users, others, and Third Parties where and however we reasonably can.
5.2. In cases where we cannot protect such rights due to regional, legal, or other reasons, we advise to contact or employ any local resources you can to help enforce your rights.
5.3. To the fullest extent permitted by law, you agree to indemnify and hold us, our Parent Company, any and all affiliates or partners, Third Party Providers, and our or their directors, officers, employees, and agents harmless from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including, but without limitation: reasonable attorneys' fees and costs) arising out of or related to any alleged or direct copyright or intellectual property right infringements.
5.4. Taking the aforementioned into consideration, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will we, our Parent Company, any and all affiliates or partners, Third Party Providers, and our or their directors, officers, employees, and agents be held liable with respect to any claims arising out of or related to a failure to enforce and protect intellectual property rights or remove infringing materials, including, but in no way limited to:
5.4.1. any indirect, special, incidental, exemplary, punitive, or consequential damages;
5.4.2. any loss of profits, revenue, data, goodwill or other monetary or intangible losses;
5.4.3. any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including, without limitation: your content and your e-commerce data;
5.4.4. any content or other conduct or content of any user or foreign party using our Products and Services, including, without limitation: defamatory, offensive, or unlawful conduct or content; or
5.4.5. any Third Party Services accessed via our Systems.