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DMCA Policy

DMCA Policy

The Old Spaghetti Factorys Creamy Pesto (referred to herein as "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 our service and/or website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

This policy describes the information that should be present in a DMCA Notice and a DMCA Counter-Notice. It is designed to make the process of reporting copyright infringement simple and clear for both copyright holders and users.

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 our Site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent.

Upon receipt of a valid DMCA Notice, we will remove or disable access to the allegedly infringing material and take reasonable steps to notify the user who posted the material.

  1. Identification of the Copyrighted Work: Identify 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.
  2. Identification of the Infringing Material: Identify 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., the URL(s) of the material on our Site).
  3. Contact Information: Provide information reasonably sufficient to permit us 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.
  4. Good Faith Belief Statement: Include 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.
  5. Accuracy Statement: Include 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.
  6. Electronic or Physical Signature: Provide an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your complete DMCA Notice to us via our Contact Us page, clearly indicating that it is a DMCA Notice.

DMCA Counter-Notification

If you believe that your content was removed or disabled by mistake or misidentification, you may send a counter-notification to our Designated Copyright Agent. Upon receipt of a valid Counter-Notification, we will send a copy of the Counter-Notification to the original complaining party. 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-Notification.

  • Identification of the Removed Material: Identify 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.
  • Statement Under Penalty of Perjury: Include 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 Contact Information: Provide your name, address, and telephone number.
  • Consent to Jurisdiction: Include 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 The Old Spaghetti Factorys Creamy Pesto may be found, and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.
  • Electronic or Physical Signature: Provide your electronic or physical signature.

Please send your complete DMCA Counter-Notification to us via our Contact Us page, clearly indicating that it is a DMCA Counter-Notification.