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DMCA Policy

DMCA Policy

Fresh Fruit Salad 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, Fresh Fruit Salad will respond expeditiously to claims of copyright infringement committed using the Fresh Fruit Salad service and/or website (the "Site") if such claims are reported to Fresh Fruit Salad's Designated Copyright Agent identified below.

Filing a Notice of Copyright 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 Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Fresh Fruit Salad's Designated Copyright Agent.

  1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is 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., URL(s) of the page(s) containing the material).
  3. Provide your contact information: your mailing address, telephone number, and, if available, email address.
  4. Include 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.
  5. Include a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  6. Provide your physical or electronic signature.

Counter-Notification Procedures

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 Fresh Fruit Salad by submitting a written notification to our Designated Copyright Agent containing substantially the following information:

  • 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 disabled.
  • Provide your name, address, and telephone number.
  • 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 Fresh Fruit Salad may be found.
  • Include a statement that you will accept service of process from the person who provided the original notification of infringement or an agent of such person.
  • 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."
  • Provide your physical or electronic signature.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability. For further assistance or to submit a notice, please contact us.