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DMCA Policy

DMCA Policy

September Garden Harvest ("we," "us," or "our") 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), the text of which can be found on the U.S. Copyright Office website, we will respond expeditiously to claims of copyright infringement committed using the September Garden Harvest service and/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, September Garden Harvest will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content 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. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
  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) where the material is found).
  3. Provide information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  4. Include the following statement: "I 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 the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am 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 our Designated Copyright Agent (identified below) by submitting written notification that includes substantially the following:

Please note that under Section 512(f) of the DMCA, 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.

  • 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 to it was disabled (e.g., URL(s) where the material was found).
  • 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 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 you reside outside the United States, that you consent to jurisdiction of the U.S. District Court for the [appropriate federal district, e.g., Northern District of California]), and that you will accept service of process from the person who provided the original notification of alleged infringement or an agent of such person.
  • Provide your physical or electronic signature.

For any DMCA notices or counter-notifications, please use the contact information provided on our Contact Us page.