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DMCA Policy

DMCA Policy

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

Filing a DMCA Notice of Infringement

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.

Upon receipt of the Notice as described below, Black Cherry Ice Cream will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

  1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is 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, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your full legal name, mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your electronic or physical signature (typing your full legal name is sufficient for an electronic signature).

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, you may send a counter-notification containing the following information to our Designated Copyright Agent:

  • Identify the material that has been removed or to which access has been disabled and the location (URL) at which the material appeared before it was removed or disabled.
  • Provide a statement that you have a good faith belief that the material was removed or disabled as a result of a mistake or a misidentification of the material.
  • Provide your full legal name, mailing address, telephone number, and, if available, email address.
  • Consent to the jurisdiction of the federal court in the district where your address is located (or if you are outside of the United States, in any judicial district in which Black Cherry Ice Cream may be found), and you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
  • Provide your electronic or physical signature (typing your full legal name is sufficient for an electronic signature).

If a counter-notice is received by the Designated Copyright Agent, Black Cherry Ice Cream may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material 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 material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Contact Our Designated Copyright Agent

For any DMCA-related notices or counter-notifications, please contact us via our contact page.