← Back to Home

DMCA Policy

DMCA Policy

Raspberry Smoothie 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 (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 Raspberry Smoothie service and/or the Raspberry Smoothie website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

This page outlines our procedures for addressing alleged copyright infringement claims under the DMCA.

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 Raspberry Smoothie site or services 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, Raspberry Smoothie will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site and/or termination of the user's account.

Please note 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.

  1. Identification of the copyrighted work claimed to have been infringed: Provide sufficient detail to identify the copyrighted work, such as the URL of the protected work on your website, or the title and author of the work, or if the work is a video, image, or audio file, a description of the work. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
  2. Identification of the material that is claimed to be infringing: Provide sufficient detail to locate the material that you claim is infringing on Raspberry Smoothie's website or services. This should include the specific URL(s) where the allegedly infringing material is located.
  3. Your contact information: Provide your full legal name, mailing address, telephone number, and email address.
  4. Statement of Good Faith Belief: Include the following statement: "I have a good faith belief that the use of the copyrighted material identified above is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
  5. Statement Under Penalty of Perjury: Include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. Electronic or Physical Signature: Provide your electronic or physical signature (typing your full legal name will suffice for an electronic signature).

Filing a DMCA Counter-Notification

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by providing our Designated Copyright Agent with the following information:

  • Identification of the 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 (e.g., the specific URL(s)).
  • Statement of Good Faith Belief: Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • Your contact information: Provide your full legal name, mailing address, telephone number, and email address.
  • Consent to Jurisdiction: Include the following statement: "I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, or if my address is outside of the United States, for any judicial district in which Raspberry Smoothie may be found, and I will accept service of process from the person who provided the original DMCA notification or an agent of such person."
  • Electronic or Physical Signature: Provide your electronic or physical signature (typing your full legal name will suffice for an electronic signature).

Upon receipt of a valid counter-notification, Raspberry Smoothie will forward it to the party who submitted the original DMCA Notice. The original complaining party will then have 10 business days to notify us that they have filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Raspberry Smoothie system or network. If we do not receive such notification within 10 business days, we may restore the removed material or cease disabling access to it.

For submitting DMCA Notices or Counter-Notifications, please use the contact information provided on our Contact Us page, clearly marking your communication as "DMCA Notice" or "DMCA Counter-Notification".