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DMCA Policy

DMCA Policy

Chocolate Christmas Smash Cake 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 Chocolate Christmas Smash Cake service and/or website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

This policy outlines the procedures for filing a DMCA notice and counter-notification for content hosted on our site.

Filing a DMCA Notice of Infringement

If you are a copyright owner or an agent thereof and believe that any content hosted on our site infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

  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 Chocolate Christmas Smash Cake to locate the material.
  4. Information reasonably sufficient to permit Chocolate Christmas Smash Cake to contact the complaining party, such as an address, telephone number, and, if available, an email 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.

Filing a DMCA Counter-Notification

If you believe that your content, which was removed or 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 (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  • 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 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.
  • Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in the judicial district where your address is located, or if your address is outside of the United States, for any judicial district in which Chocolate Christmas Smash Cake may be found, and that you will accept service of process from the person who provided the original notification of the alleged infringement.

Contact Our Copyright Agent

For all DMCA notices and counter-notifications, please direct them to our designated Copyright Agent via our Contact Page.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation as a result of the service provider relying upon such misrepresentation.