← Back to Home

DMCA Policy

DMCA Policy

"Banana Popsicles" ("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 (DMCA) of 1998, 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 "Banana Popsicles" website or other online network that are reported to our Designated Copyright Agent identified below.

This policy describes the information that should be present in a DMCA notice and how "Banana Popsicles" will respond to such notices.

Filing a DMCA Notice

If you are a copyright owner, or are authorized to act on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the "Banana Popsicles" website, you may notify our Designated Copyright Agent by sending a written infringement notification. Your notice must include substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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 "Banana Popsicles" to locate the material.
  4. Information reasonably sufficient to permit "Banana Popsicles" 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.
  5. 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.
  6. 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.

Failure to include all of the above information may result in a delay in processing your DMCA notification. Please send your DMCA notice to our Designated Copyright Agent via the contact methods provided on our Contact Us page.

DMCA Counter-Notification

If you believe that your material has been removed or disabled by mistake or misidentification, you may file a counter-notification with us. Pursuant to Sections 512(g)(2) and (3) of the DMCA, the counter-notification must include substantially the following:

  • 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.
  • Your name, address, and telephone number.
  • 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 "Banana Popsicles" may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
  • 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.
  • A physical or electronic signature of the user.

Please send your counter-notification to our Designated Copyright Agent via the contact methods provided on our Contact Us page. Upon receipt of a valid counter-notification, we will promptly forward a copy to the complaining party who submitted the original DMCA notice. Unless the copyright owner files an action seeking a court order against you within 10 business days of receiving the counter-notification, 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, at our discretion.

Contact Information

Our Designated Copyright Agent for notice of claims of copyright infringement can be reached through the contact details provided on our Contact Us page.