DMCA Policy

Smores Cake respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted a policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. This policy describes the information that should be present in a DMCA notice and counter-notice.

Filing a DMCA Infringement Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Smores Cake service, please notify Smores Cake's designated copyright agent, as set forth below. To file a notice of infringement with Smores Cake, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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.
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 Smores Cake to locate the material (e.g., URL(s) where the material can be found on Smores Cake's website).
Information reasonably sufficient to permit Smores Cake 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.
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.
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 DMCA Counter-Notification

If you believe that your material has been removed or disabled by mistake or misidentification, you may file a counter-notification with Smores Cake by submitting a written communication to our designated copyright agent, as set forth below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.

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 Smores Cake may be found, and that you will accept service of process from the person who provided the initial DMCA notification or an agent of such person.

All DMCA notices and counter-notifications should be sent to our designated agent via our contact page.