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DMCA Policy

DMCA Policy

"Banana Pudding" 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 claims of copyright infringement committed using the "Banana Pudding" service and/or the "Banana Pudding" website (the "Site") if such claims are reported to our 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 "Banana Pudding" service or Site 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, "Banana Pudding" will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the "Banana Pudding" service and/or Site.

Please ensure your Notice of Alleged Infringement includes all of the following:

  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 disabled, and information reasonably sufficient to permit "Banana Pudding" to locate the material.
  4. Information reasonably sufficient to permit "Banana Pudding" to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  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.

Filing a Counter-Notification

If you believe that your content, which was removed or disabled, is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notification containing the following information to our Designated Copyright Agent.

  • Your physical or electronic signature.
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
  • A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
  • 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 "Banana Pudding" may be found, and that you will accept service of process from the person who provided the original notification of the alleged infringement.

If a counter-notification is received by our Designated Copyright Agent, "Banana Pudding" may send a copy of the counter-notification to the original complaining party informing that person that "Banana Pudding" may replace the removed content 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 content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at "Banana Pudding"'s sole discretion.

Our Designated Copyright Agent can be reached via our contact page.