← Back to Home

DMCA Policy

DMCA Copyright Policy

Elderberry Smoothie is committed to protecting the intellectual property rights of others. We respect the copyrights of creators and expect our users to do the same. This DMCA (Digital Millennium Copyright Act) Policy outlines the procedures for copyright holders to notify Elderberry Smoothie of alleged copyright infringement and for users to respond to such notices.

It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). When we receive a valid DMCA notice, we will remove or disable access to the infringing material and make a good faith attempt to contact the user who posted the material so that they may make a counter-notification.

Filing a DMCA Notice of Infringement

If you are a copyright owner or an agent thereof and believe that any content hosted on Elderberry Smoothie infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  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 Elderberry Smoothie to locate the material.
  4. Information reasonably sufficient to permit Elderberry Smoothie to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail 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 was removed or disabled by mistake or misidentification, you may file a counter-notification by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(g)(3) for further detail):

  • 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 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 Elderberry 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.

For all DMCA notices and counter-notices, please contact us via our contact page.