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DMCA Policy

DMCA Policy

Cherry Crisp Cake 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 notices of alleged copyright infringement that are reported to our designated Copyright Agent, identified in the sample notice below.

This policy describes the information that should be present in a notice of alleged infringement and provides guidance for copyright holders wishing to report an infringement. It also outlines the procedure for submitting a counter-notification if your content has been removed due to a DMCA takedown notice.

Filing a Notice of Copyright Infringement

If you are a copyright owner or an agent thereof and believe that any content hosted on Cherry Crisp Cake infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. § 512(c)(3) to confirm these requirements):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cherry Crisp Cake to locate the material (e.g., URL of the specific content).
  4. Information reasonably sufficient to permit Cherry Crisp Cake to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your DMCA notice to our designated Copyright Agent via the contact methods provided on our contact page.

Filing a Counter-Notification

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material, you may send a counter-notification containing the following information to our Copyright Agent:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled (e.g., URL).
  • 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 a misidentification of the material.
  • Your name, address, and telephone number.
  • 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 your address is outside of the United States, for any judicial district in which Cherry Crisp Cake may be found.
  • A statement that you will accept service of process from the person who provided the original notification of the alleged infringement or an agent of such person.

Please send your counter-notification to our designated Copyright Agent via the contact methods provided on our contact page.

Cherry Crisp Cake will then forward the complete counter-notification to the original complaining party. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at Cherry Crisp Cake's sole discretion.

For any questions regarding this DMCA Policy, please visit our contact page.