Desert Glory, Ltd. Digital Millennium Copyright Act Notice
Procedure for Written Notice of Copyright Infringement
In accordance with the Digital Millennium Copyright Act (‘DMCA”), 17 U.S.C. 512, we have established the following procedure to allow you to file a copyright infringement notice. Please ensure your notice contains the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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, such as a URL address.
(iv) 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.
(v) 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.
(vi) 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.
Please send your written notice to our Designated Agent below:
DMCA Complaints
Desert Glory, Ltd.
4 Studebaker
Irvine, CA 92618
Fax: 949.752.0456
E-mail: copyright@cherubstomatoes.com
Please be aware that pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Also, all information provided by you in the notice may be forwarded to the person whose material is alleged of infringing a copyrighted work.
Procedure for Counter-Notification
We will take reasonable steps to promptly notify the provider of the alleged infringing material (“Material Provider”) if the material has been removed or access to the material has been disabled. If the Material Provider believes it has a right to post such material and use the content from the copyright owner than it may submit a counter-notification to our Designated Agent at the above address containing the following:
(i) A physical or electronic signature of the Material Provider.
(ii) 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.
(iii) A statement under penalty of perjury that the Material Provider has 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.
(iv) The Material Provider’s name, address, and telephone number, and a statement that the Material Provider consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Material Provider’s address is outside of the United States, for any judicial district in which we may be found, and that the Material Provider will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
(v) Sign the notice.
After we receive the counter-notification, we will forward a copy to the original complaining party. Please note that the forwarding copy will include your personal information and that by submitting a counter-notification you agree to have your information released in this manner. The original complaining party must notify us within 10 days that they will file an action seeking a court order to restrain the infringing material or else we will restore the material or access to the material.