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DMCA Policy

DMCA Policy

Pea Shoots Pasta respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, we have adopted a policy of responding to notices of alleged infringement that are properly provided to us. If you believe your copyrighted work has been infringed on our website, please follow the procedures outlined below.

This policy describes the information that should be present in a DMCA takedown notice and how to submit a counter-notification if your content was removed in error.

Filing a Notice of Copyright Infringement (DMCA Takedown Notice)

If you are a copyright owner or an agent thereof and believe that any content hosted on Pea Shoots Pasta infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):

  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 Pea Shoots Pasta to locate the material (e.g., a specific URL).
  4. Information reasonably sufficient to permit Pea Shoots Pasta to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
  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.

Please note that under 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

Filing a Counter-Notification

If you believe that your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Copyright Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. Your counter-notification must include substantially the following information:

  • Your physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location (URL) at which the material appeared before it was removed or 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 United States, for any judicial district in which Pea Shoots Pasta may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

If a counter-notification is received by Pea Shoots Pasta's Copyright Agent, we may send a copy of the counter-notification to the original complaining party informing them that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, 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 Pea Shoots Pasta's sole discretion.

Please be aware that under 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability for damages.

For DMCA inquiries and notifications, please use our contact page.