← Back to Home

DMCA Policy

DMCA Policy

Introduction

Winter Fruit Salad ("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 may 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 Winter Fruit Salad service and/or our website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

Filing a DMCA Notice

If you are a copyright owner, or authorized to act on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Winter Fruit Salad website, please report the alleged copyright infringement by sending a written notice to our Designated Copyright Agent (see Contact Information below). Your notice must include substantially the following:

  1. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  2. Identification of 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 Winter Fruit Salad to locate the material (e.g., URL(s)).
  3. Information reasonably sufficient to permit Winter Fruit Salad to contact you, such as an address, telephone number, and, if available, an electronic mail address.
  4. 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. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Upon receipt of a valid DMCA notice, Winter Fruit Salad will promptly remove or disable access to the allegedly infringing material and notify the alleged infringer.

Filing a DMCA Counter-Notification

If you believe that your material has been removed or disabled by mistake or misidentification, you may file a counter-notification with Winter Fruit Salad's Designated Copyright Agent. Your 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 (e.g., URL(s)) 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 Winter Fruit Salad 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.

Upon receipt of a valid counter-notification, Winter Fruit Salad will provide the complaining party with a copy of the counter-notification and inform them that Winter Fruit Salad will replace the removed material or cease disabling access to it in 10 business days, unless the complaining party files an action seeking a court order against the content provider.

Contact Information

Our Designated Copyright Agent for DMCA notices and counter-notifications can be reached through our contact page: Contact Winter Fruit Salad.