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DMCA Policy

DMCA Policy

Cherry Clafoutis is committed to respecting the intellectual property rights of others and expects its users to do the same. This DMCA Policy outlines our procedures for addressing claims of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

We will respond promptly to notices of alleged copyright infringement that comply with the DMCA and other applicable laws. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our website, please notify our designated Copyright Agent as set forth below.

Filing a DMCA Infringement Notification

To file a DMCA infringement notification with Cherry Clafoutis, you must provide a written communication that includes substantially the following information (please consult your legal counsel or see Section 512(c)(3) of the DMCA 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 Cherry Clafoutis to locate the material (e.g., URL(s) of the infringing material).
  4. Information reasonably sufficient to permit Cherry Clafoutis to contact the complaining party, such as an address, telephone number, and, if available, an email 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.

Filing a DMCA Counter-Notification

If you believe that your material has been removed or disabled by mistake or misidentification, you may file a counter-notification with Cherry Clafoutis. To be effective, a counter-notification must be a written communication provided to our Designated Copyright Agent that includes substantially the following:

  • 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 the address is located, or if your address is outside of the United States, for any judicial district in which Cherry Clafoutis may be found, and that you will accept service of process from the person who provided the original notification of alleged infringement or an agent of such person.

For all DMCA-related inquiries, please use our contact page.