DMCA Notice

DMCA Notice

Guidelines

It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.

You may submit your Notification of Alleged Copyright Infringement by sending it to our Designated Agent by mail or e-mail as set forth below.

Submittal Of DMCA Notices

We will promptly terminate the accounts of those determined by us to be "repeat infringers." If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the 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 on the Network 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 our copyright agent to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit our copyright agent 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 note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Please note that our copyright agent will send a copy of such notices to both the individual that uploaded the allegedly infringing content and the creator of the social network where the content appears.

Counter-Notification

If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

  1. A physical or electronic signature of the subscriber.
  2. 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.
  3. A statement under penalty of perjury that the subscriber has 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.
  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber\'s address is outside of the United States, for any judicial district in which our copyright agent may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Our copyright agent only accepts counter-notices that meet the requirements set forth above and are received from the email address associated with the our copyright agent account you used to upload the content within 7 business days of our forwarding you the DMCA notice. You may submit your Counter Notification by sending it to our Designated Agent by mail or e-mail as set forth below in Section C.

The Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

Copyright Agent
c/o TheChocolateLife
1 Chatsworth Ave # 2015
Larchmont, NY 10538 USA

Or, via email to dmca [at] thechocolatelife [dot] com.

For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other communications related to the Network should be directed to the Community Operator. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

The following format should be followed for reporting instances of copyright infringement only. Please supply the following information, carefully read the statement below, and send the information to the Designated Copyright Agent, above. To submit a valid Notification of Alleged Copyright Infringement, the information you provide to us must substantially comply with the requirements listed below and described in the DMCA Notification Guidelines.

Please note that under Section 512(f) of the DMCA, you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing.

Upon receiving the proper Notification of Alleged Copyright Infringement described in Section A of the DMCA Notification Guidelines, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim as well as the DMCA statutory procedure (described in Section B of the DMCA Notification Guidelines) by which the alleged infringer may respond to your claim.

Your email address
Your first name, Your last name
Street address
City, State  Zip/Postal code
Country

  • Identify in sufficient detail the copyrighted work that you claim has been infringed
  • Identify the URL(s) that contain the copyrighted material described above
  • Provide the name(s) and URL(s) of the web site(s) that contain the copyright material described above
  • Optional: Describe how your copyright has been infringed

By submitting the above information to the Designated Copyright Agent, you state and affirm UNDER PENALTY OF PERJURY that:

  • I am the owner, or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  • This notification is accurate.
  • Our copyright agent will send a copy of this notice to both the individual that uploaded the allegedly infringing content and the creator of the Social Network on which the content appears.
  • Abuse of this reporting tool could result in the termination of my Member account.

Your legal first and last names
Your digital signature