Effective Date: 19/08/2024
1. Introduction
Bertha’s Recipes respects the intellectual property rights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted the following policy concerning copyright infringement on our website, https://berthasrecipes.com (the “Site”).
2. Notice of Infringement
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on our Site, please notify our Designated Copyright Agent as set forth below. To be effective, the notification must include the following information (as required by the DMCA, 17 U.S.C. § 512(c)(3)):
2.1. Information to Include in a DMCA Notice:
- Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- 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.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted.
- 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 the 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 owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
2.2. DMCA Notice Submission:
Please send the DMCA Notice to our Designated Copyright Agent at:
Email: [email protected]
Upon receipt of a valid DMCA notice, we will respond expeditiously to remove or disable access to the allegedly infringing material. We will also take reasonable steps to notify the user who posted the material of the removal or disabling of access.
3. Counter-Notice to Restore Material
If you believe that your material was removed or disabled as a result of a mistake or misidentification, you may file a counter-notice with us. To be effective, a counter-notice must include the following information (as required by the DMCA, 17 U.S.C. § 512(g)(3)):
3.1. Information to Include in a Counter-Notice:
- 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, telephone number, and email address.
- 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 we may be found, and that you will accept service of process from the person who provided the original DMCA notice or an agent of such person.
- Your physical or electronic signature.
3.2. Counter-Notice Submission:
Please send the Counter-Notice to our Designated Copyright Agent at:
Email: [email protected]
If a valid counter-notice is received, we will send a copy of the counter-notice to the original complaining party, informing that person that we may replace the removed material or cease disabling access to it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice.
4. Repeat Infringers
In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Misrepresentations
Please be aware 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, including costs and attorney’s fees. If you are unsure whether the material infringes your copyright, you may wish to seek legal advice before filing a notice or counter-notice.
6. Modifications to Policy
We reserve the right to modify this DMCA Policy at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of any changes constitutes your acceptance of such changes.
7. Contact Information
If you have any questions or concerns about this DMCA Policy, please contact us at:
Email: [email protected]
Website: https://berthasrecipes.com