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DMCA Policy

DMCA Policy

Chocolate Covered Cherries ("we," "us," or "our") 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 (the "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 Chocolate Covered Cherries service and/or website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

Filing a DMCA Notice of 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 our Designated Copyright Agent.

Upon receipt of a valid DMCA Notice, we will take whatever action, in our sole discretion, that we deem appropriate, including removal of the challenged content from the Site.

  1. Identify the copyrighted work that you claim has been infringed.
  2. Identify the material that you claim is infringing (or 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 us to locate the material (e.g., URL of the material on the Chocolate Covered Cherries website).
  3. Provide your contact information, including your address, telephone number, and, if available, an electronic mail address.
  4. Include 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. Include a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or an agent authorized to act on behalf of the owner, of an exclusive copyright that is allegedly infringed.
  6. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Chocolate Covered Cherries' Designated Copyright Agent:

Designated Copyright Agent
Chocolate Covered Cherries Legal Department
Email: dmca@chocolatecoveredcherries.com

Counter-Notification

If you believe that the material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our Designated Copyright Agent identified above. Pursuant to the DMCA, the Counter-Notification must include substantially the following:

  • 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 (e.g., URL of the material on the Chocolate Covered Cherries website).
  • 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 the United States, for any judicial district in which Chocolate Covered Cherries may be found, and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.
  • Your physical or electronic signature.

Upon receipt of a valid Counter-Notification, we will promptly provide the person who provided the original DMCA notification with a copy of the Counter-Notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. Unless our Designated Copyright Agent receives notice from the person who provided the original DMCA notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity related to the material on our Site, we may replace the removed material or cease disabling access to it in 10 to 14 business days or more after receipt of the Counter-Notification, at our sole discretion.

For general inquiries or other contact, please visit our Contact Us page.