DMCA Policy

1. Overview

GwapaTube respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond promptly to claims of copyright infringement committed using our Service.

If you believe that your copyrighted work has been copied and is accessible on our Service in a way that constitutes copyright infringement, please follow the procedure below to submit a notification.

2. Filing a DMCA Takedown Notice

To file a DMCA takedown notice, you must provide a written notification (by email) that includes the following information:

1. Identification of the copyrighted work that you claim has been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list.
2. Identification of the infringing material and information reasonably sufficient to permit us to locate the material (e.g., the URL of the video page).
3. Your contact information, including your name, address, telephone number, and email address.
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
6. Your physical or electronic signature (typing your full name counts as an electronic signature).

3. Processing of Takedown Notices

Upon receipt of a valid DMCA takedown notice, we will:

• Remove or disable access to the allegedly infringing material promptly.
• Notify the user who uploaded the content (the "alleged infringer") that the material has been removed or disabled.
• Provide the alleged infringer with a copy of the takedown notice.

4. Filing a Counter-Notice

If you believe that your content was removed by mistake or misidentification, you may file a counter-notice. The counter-notice must include:

1. Your name, address, and telephone number.
2. Identification of the material that was removed or disabled and the location at which it appeared before removal.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
4. A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if outside the United States, any judicial district in which GwapaTube may be found, and that you will accept service of process from the person who provided the original takedown notice.
5. Your physical or electronic signature.

5. Processing of Counter-Notices

Upon receipt of a valid counter-notice, we will:

• Forward the counter-notice to the original complainant.
• Inform the original complainant that the removed material will be restored in 10-14 business days unless they file a court action seeking a restraining order against the user.
• Restore the removed material within 10-14 business days if no court action is filed.

6. Repeat Infringers

In accordance with the DMCA and our policies, we will terminate the accounts of users who are repeat copyright infringers. A user may be considered a repeat infringer if they receive:

• First offense: Warning and content removal.
• Second offense: Temporary account suspension (7 days) and content removal.
• Third offense: Permanent account termination and forfeiture of all pending rewards.

7. Misrepresentation Warning

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake, may be subject to liability for damages, including costs and attorneys' fees. Do not file a DMCA notice or counter-notice unless you are certain of your claim.

8. AI-Generated Content and Copyright

Regarding AI-generated content on our platform:

• Users are responsible for ensuring their AI-generated content does not infringe on existing copyrights.
• AI-generated content that substantially copies or is derived from copyrighted works without permission may be subject to DMCA takedown.
• The copyright status of purely AI-generated works may vary by jurisdiction. Users upload such content at their own risk.
• If you use AI tools to create content, ensure you comply with the terms of service of those AI tools regarding commercial use and distribution.