Food Start Copyright Policy
In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512, Food Start Inc. (“Food Start”) has adopted the following general policy toward copyright infringement occurring on or through the http://foodstart.com website and/or Food Start online service (collectively, the “Food Start Service” or the “Service”). The address of Food Start’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is Food Start’s policy to (1) block access to or remove any content (including, without limitation, text, graphics, and photos) (collectively, “Content”) that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, business members, or backer members; and (2) remove and discontinue service to repeat offenders.
Procedure For Reporting Copyright Infringements:
To report a copyright infringement occurring on or through the Food Start Service, please provide us with a written notice containing each of the following elements:
1) Identification of the copyrighted work(s) that you claim has been infringed on or through the Service, including the federal copyright registration number for any such work(s), if applicable;
2) Identification of the Content that you claim has infringed on the identified copyrighted work(s), including (a) a description of how the material in question is using the copyrighted work(s) in a way that constitutes copyright infringement, and (b) a description of where the Content in question is located on or in the Service, with sufficient detail that we may verify the existence of the Content within the Service (e.g., http://foodstart.com/example);
3) Your contact information, including your full name, mailing address, telephone number, and email address;
4) A statement by you, made under the penalty of perjury, that the information provided in your notice is accurate and that you are the copyright holder or are the authorized to act on behalf of the copyright holder;
5) A statement by you that you have a good faith belief that the disputed use of the copyrighted work(s) is not authorized by the copyright holder, its agents, or the law; and
6) An electronic or physical signature of either the copyright holder or a person authorized to act on behalf of the copyright holder.
Please note that, under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney's fees. See 17 U.S.C. 512, http://www.copyright.gov/title17/92chap5.html#512.
- After Notice Is Received:
Once a proper bona fide infringement notification is received by the Designated Agent, it is Food Start’s policy:
1) to remove or disable access to the allegedly-infringing Content;
2) to notify the party whose Content has been removed, or access to which has been disabled; and
3) to terminate repeat infringers’ access to the Service.
- Responding To A Notice:
If a notified party believes that the Content that was removed, or to which access was disabled, is not infringing – or if the party believes that he or she has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to U.S. law (including as a fair use) – the notified party must send a counter-notice containing the following information to the Designated Agent listed below:
1) Identification of the Content that has been removed or disabled, including a description of the where the Content in question appeared on the Service before it was removed or disabled (e.g., http://foodstart.com/example);
2) Your contact information, including full name, mailing address, telephone number, and email address;
3) A statement by you, made under penalty of perjury, that you have a good faith belief that the Content was removed or blocked as a result of a mistake or a misidentification of the Content in question;
4) A statement by you that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which Food Start is located, and that you will accept service of process from the person who provided notification of the alleged infringement; and
5) Your electronic or physical signature.
If a valid counter-notice is received by the Designated Agent, Food Start may send a copy of the counter-notice to the original complaining party and inform that party that Food Start may replace the removed Content, or cease disabling access to it, in 10 to 14 business days, unless the copyright owner files an action seeking a court order against the notified party. Decisions regarding the replacement or restoration of Content are made at Food Start’s sole discretion.
Please contact Food Start’s Designated Agent at the following address:
Ridder, Costa & Johnstone LLP
for Food Start Inc.
12 Geary Street
San Francisco, CA 94108
fax: (415) 358-4975