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DMCA Policy

DMCA Policy

How To Stop Birds From Eating Tomatoes 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 can be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond promptly to claims of copyright infringement committed using the How To Stop Birds From Eating Tomatoes service or website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

Filing a DMCA Notice of 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 our Designated Copyright Agent.

Upon receipt of the Notice as described below, How To Stop Birds From Eating Tomatoes will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

  1. Identification of the copyrighted work claimed to have been infringed: Describe the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, provide a representative list of such works.
  2. Identification of the material claimed to be infringing: Provide the URL(s) or other specific location(s) on the Site where the material that you claim is infringing is located. Please provide sufficient detail to allow us to locate the material.
  3. Information to allow us to contact the complaining party: Provide your contact information, including your full legal name, mailing address, telephone number, and email address.
  4. A statement that the complaining party has a good faith belief: Include 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.
  5. A statement that the information in the notification is accurate: Include 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.
  6. Physical or electronic signature: Provide your physical or electronic signature.

Counter-Notification

If your content was removed (or access to it was disabled) due to a copyright infringement notice, and you believe that the content 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 material, you may send a counter-notification containing the following information to our Designated Copyright Agent:

  • 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, 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 "How To Stop Birds From Eating Tomatoes" 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 the Designated Copyright Agent, How To Stop Birds From Eating Tomatoes may send a copy of the counter-notification to the original complaining party informing that person that it 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 How To Stop Birds From Eating Tomatoes's sole discretion.

Our Designated Copyright Agent for notice of claims of copyright infringement or counter-notifications can be reached via our contact page.