Repeat Infringer Policy
Subject to further details below, any user for whose material we receive three good-faith and effective complaints in three separate days within any contiguous three-month period will have his or her account terminated to stop any further infringements.
We comply with anti-infringement laws such as the Digital Millennium Copyright Act (“DMCA”) and the Copyright Modernization Act (“CMA”). Pursuant to such policies, we assert safe harbor for liability related to the alleged copyright infringement committed by third parties. Through implementation and enforcement of such policies, we engage in a good faith effort to identify users or account holders who may be participating in repeated copyright infringement. Therefore, we will, in appropriate circumstances, ban the accounts of users who we believe, in our sole and absolute discretion, are repeat copyright infringers from uploading new content, pursuant to our voluntary compliance of laws like the DMCA and CMA.
Our “3 strikes” repeat infringement policy is implemented as follows If one or more uploads occur after receipt of notice of a first infringement, uploaders are then given 2 chances to stop uploading videos or other content infringing any third party’s copyrights. This means that if an uploader has 3 videos deleted with a first notice he will not immediately be banned; instead he will be given a chance to change his behavior, as this will count as 1 strike and not 3. Each notice in a day is treated as a single notice for purposes of repeat infringement, regardless of the number of notices contained in a given notification. There would be little to no pedagogy in our repeat infringers policy if the process was to ban this user immediately. However, in certain circumstances, at our sole discretion, we may ban and delete a user after a single notice or two. We run a check for repeat infringers approximately once every 24 hours.
By your use of our Website, you thereby acknowledge and agree with our policy that you are a repeat copyright infringer upon our receipt of 3 or more notices of repeated alleged infringement, as defined above, where (i) the notices are directed towards materials that you have submitted for publication on the Website (not storing in your private locker which is accessible only by you on your own devices.); (ii) the notices do not concern what We reasonably believe to be “fair use” of copyrightable material as determined within our discretion; and (iii) you have failed to, within seventy-two (72) hours after our forwarding the notice to you, provide us with a proper counter-notice that complies in every respect with the requirements set forth in Section 10 of our Terms of Service, thus permitting us to re-enable the applicable materials cited in the original notice of alleged infringement.
Each such notice of repeated copyright infringement, as defined above on this page, for which you do not provide a valid counter-notice pursuant to the requirements set forth in Section 4 of our Terms of Service, shall be recorded against your user account. In the event that you accumulate three (3) such notices, your account will be terminated.”