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DMCA Policy

DMCA Policy

Fall Ice Cream Flavors is committed to respecting the intellectual property rights of others. We comply with the provisions of the Digital Millennium Copyright Act (DMCA). This policy outlines the procedures for copyright holders to notify us of alleged infringement, and for users to submit counter-notifications when they believe their content was removed in error.

It is our policy to respond to clear notices of alleged copyright infringement that comply with the DMCA. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Fall Ice Cream Flavors website, please notify our designated Copyright Agent as set forth in the DMCA.

Filing a DMCA Notice of Infringement

If you are a copyright owner or an agent thereof and believe that any content hosted on Fall Ice Cream Flavors infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  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 Fall Ice Cream Flavors to locate the material.
  4. Information reasonably sufficient to permit Fall Ice Cream Flavors to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
  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 note that under 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Filing a DMCA 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 access to it was disabled.
  • 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 to be removed or disabled.
  • Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal court in [Jurisdiction, e.g., the judicial district where your address is located, or if your address is outside of the United States, for any judicial district in which Fall Ice Cream Flavors may be found], and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

If a counter-notification is received by our Copyright Agent, Fall Ice Cream Flavors may send a copy of the counter-notification to the original complaining party informing that person that Fall Ice Cream Flavors may replace the removed material or cease disabling it in 10 business days. 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 our sole discretion.

Please be aware that under 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.

For all DMCA-related communications, please use the contact information provided on our Contact Us page.