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DMCA Policy

DMCA Policy

Easter Cupcakes 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), we will respond promptly to notices of alleged copyright infringement that are reported to our designated Copyright Agent, provided they comply with the DMCA and other applicable laws.

This policy describes the information that should be present in a DMCA takedown notice and how to submit one, as well as how to file a counter-notification if your content has been taken down due to a copyright claim.

Filing a Copyright Infringement Notification (DMCA Takedown Notice)

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Easter Cupcakes service, please send a written notification to our Copyright Agent containing the following information (pursuant to 17 U.S.C. § 512(c)(3)):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of those works.
  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 Easter Cupcakes to locate the material (e.g., URL(s) of the infringing content).
  4. Information reasonably sufficient to permit Easter Cupcakes to contact you, such as an address, telephone number, and, if available, an electronic mail address.
  5. 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.
  6. 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 exclusively copyrighted right that is allegedly infringed.

Counter-Notification Procedures

If you believe that material you posted on the Easter Cupcakes service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with our Copyright Agent (pursuant to 17 U.S.C. § 512(g)(3)). Your counter-notification must contain 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 (e.g., URL(s) of the removed content).
  • 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, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Easter Cupcakes may be found, and that you will accept service of process from the person who provided the original notification of the alleged infringement.

For any questions or to submit a DMCA notice or counter-notification, please visit our Contact Us page.