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DMCA Policy

DMCA Policy

Pistachio Muffins respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond promptly to notices of alleged copyright infringement that are properly provided to our Designated Copyright Agent. This policy outlines the information required to submit a valid notification of infringement and how to respond if your content has been subject to a takedown notice.

Filing a DMCA Notice of Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Pistachio Muffins website, please notify our Designated Copyright Agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
  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 Pistachio Muffins to locate the material (e.g., URL(s) of the infringing material).
  4. Information reasonably sufficient to permit Pistachio Muffins 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 for damages. Therefore, if you are not sure whether material located on or linked to by Pistachio Muffins infringes your copyright, you should consider contacting an attorney before submitting a notification.

Filing a DMCA Counter-Notification

If you believe that your content was removed or access disabled by mistake or misidentification, you may send a counter-notification to our Designated Copyright Agent. For your counter-notification to be valid under the DMCA, you must provide the following information in writing:

  • 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.
  • 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 Pistachio Muffins 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.

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 for damages. Therefore, if you are not sure whether certain material was removed or disabled by mistake or misidentification, you may wish to contact an attorney before submitting a counter-notification.

For any further questions regarding our DMCA policy or to submit a notice, please use our contact page.