DMCA Policy

Mixed Berry Smoothie respects the intellectual property rights of others and expects its users to do the same. This policy outlines the procedures for reporting alleged copyright infringement and for filing counter-notifications under the Digital Millennium Copyright Act ("DMCA").

It is our policy to respond to clear notices of alleged copyright infringement that comply with the DMCA. We will expeditiously remove content that is found to be infringing or disable access to it and will terminate repeat infringers in appropriate circumstances.

Filing a DMCA Infringement Notification

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Mixed Berry Smoothie 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:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work that you claim has been infringed, including the URL where the copyrighted work exists or a copy of the copyrighted work.
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 us to locate the material (e.g., URL(s)).
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Filing a DMCA Counter-Notification

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notification containing the following information to our Copyright Agent:

Your physical or electronic signature.
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content.
Your name, address, telephone number, and e-mail address, and a statement that you consent to the jurisdiction of the federal court in the judicial district in which your address is located, or if your address is outside of the US, for any judicial district in which Mixed Berry Smoothie may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notification is received by the Copyright Agent, Mixed Berry Smoothie may send a copy of the counter-notification to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at our sole discretion.

Please note that under 17 U.S.C. § 512(f), 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.

Contact Our Designated Copyright Agent

To submit a DMCA notice or counter-notification, please contact our Designated Copyright Agent through our Contact Page.