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DMCA Policy

DMCA Policy

Banana Berry Smoothie 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), the text of which can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using the Banana Berry Smoothie service and/or website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

This policy describes the information that should be present in a DMCA notice to Banana Berry Smoothie and the procedure for filing a counter-notification if your content has been removed due to a DMCA notice.

Filing a DMCA Notice of Copyright Infringement

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Banana Berry Smoothie's Designated Copyright Agent.

  1. Identification of the copyrighted work claimed to have been infringed: Provide sufficient detail to identify the copyrighted work(s) you claim have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
  2. 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: Provide specific information about the material you claim is infringing, including its location on the Banana Berry Smoothie Site (e.g., direct URL to the specific post, page, or content).
  3. Information reasonably sufficient to permit Banana Berry Smoothie to contact the complaining party: This must include your full legal name, mailing address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  4. 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.
  5. 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.
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your completed DMCA Notice to our Designated Copyright Agent via our contact page, clearly indicating it is a DMCA notice.

Counter-Notification

If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to Banana Berry Smoothie's Designated Copyright Agent. Under the DMCA, a counter-notification must include the following:

  • Identification of the material that has been removed or to which access has been disabled: Provide the URLs or other identifying information of the material before it was removed.
  • 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 of the material to be removed or disabled.
  • 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 Banana Berry Smoothie may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  • Your physical or electronic signature.

Please send your completed Counter-Notification to our Designated Copyright Agent via our contact page, clearly indicating it is a DMCA counter-notification.

Upon receipt of a valid counter-notification, Banana Berry Smoothie will promptly forward it to the party who submitted the original DMCA notification. If the original complainant does not file an action in court seeking a court order to restrain the user from engaging in infringing activity within 10-14 business days, Banana Berry Smoothie may, at its sole discretion, restore the removed content.

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