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DMCA Policy

DMCA Policy

Small Batch Oreo Cupcakes is committed to respecting the intellectual property rights of others. We comply with the provisions of the Digital Millennium Copyright Act (DMCA), which provides a mechanism for copyright holders to notify online service providers of alleged copyright infringement. This policy outlines the procedures for reporting copyright infringement and for filing a counter-notification.

Filing a Copyright Infringement Notice (DMCA Takedown Notice)

If you believe that your copyrighted work has been copied and is accessible on the Small Batch Oreo Cupcakes website in a way that constitutes copyright infringement, you may submit a written DMCA Takedown Notice to our Designated Copyright Agent. To be effective, the notice must be a written communication that includes substantially the following:

  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 the service provider to locate the material (e.g., URL(s) of the specific infringing content).
  4. Information reasonably sufficient to permit the service provider 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 Takedown Notice to our Designated Copyright Agent via the contact page, clearly indicating it is a DMCA notice.

Filing a Counter-Notification

If you believe that your material has been removed or disabled by mistake or misidentification, you have the right to file a counter-notification with us. To be effective, a counter-notification must be a written communication that includes substantially the following:

  • 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 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 Small Batch Oreo Cupcakes may be found, and that you will accept service of process from the person who provided the original DMCA Takedown Notice or an agent of such person.

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