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DMCA Policy

DMCA Policy

Smoked Cream Cheese respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) of 1998, the text of which can 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 Smoked Cream Cheese service and/or website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent.

Filing a DMCA Notice of Alleged Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Smoked Cream Cheese website, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner of the work 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 Smoked Cream Cheese to locate the material (e.g., URL(s) of the infringing page(s)).
  4. Information reasonably sufficient to permit Smoked Cream Cheese 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.

The above information must be submitted as a written notification to the following Designated Copyright Agent:

Smoked Cream Cheese
Designated DMCA Agent
Contact Us

BE AWARE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEFTY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Filing a DMCA Counter-Notification

If you believe that the material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting the following information to our Designated Copyright Agent:

  • 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, and 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 Smoked Cream Cheese may be found, and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.

Upon receipt of a valid counter-notification, Smoked Cream Cheese will promptly provide the complaining party with a copy of the counter-notification and inform them that Smoked Cream Cheese will replace the removed material or cease disabling access to it in 10 business days. Smoked Cream Cheese will then replace the removed material and cease disabling access to it in 10 to 14 business days following receipt of the counter-notification, unless our Designated Copyright Agent first receives notice from the complaining party that they have filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system.

Please use our contact page for all communications related to DMCA matters.