DMCA Policy
Kitchen Essentials ("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 (DMCA), the text of which can 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 Kitchen Essentials 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 of Infringement, how to file a Counter-Notification, and what information to include in such a Counter-Notification.
Filing a DMCA Notice of Infringement
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 via the Kitchen Essentials Site, please send a written notice to our Designated Copyright Agent. For your notice to be effective under the DMCA, you must provide all of the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 Kitchen Essentials to locate the material.
- Information reasonably sufficient to permit Kitchen Essentials to contact you, such as an address, telephone number, and, if available, an electronic mail address.
- A statement that you have 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification to an Infringement Claim
If you believe that the material you posted on the Site was removed or disabled by mistake or misidentification, you may file a Counter-Notification with us by submitting written notification to our Designated Copyright Agent. Pursuant to the DMCA, the Counter-Notification must include substantially the following:
- Your physical or electronic signature.
- 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.
- 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 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 U.S., for any judicial district in which Kitchen Essentials may be found, and that you will accept service of process from the person who provided the initial DMCA notification or an agent of such person.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Filing a false counter-notification can result in legal consequences.
Designated Copyright Agent
All DMCA Notices of Infringement and Counter-Notifications should be sent to our Designated Copyright Agent through our Contact Us page, clearly marking the subject as "DMCA Notice" or "DMCA Counter-Notification".