DMCA Policy for Apple Tart
Apple Tart respects the intellectual property rights of others and expects its users to do the same. This DMCA (Digital Millennium Copyright Act) Policy outlines the procedures for reporting alleged copyright infringement and for filing a counter-notification if your content has been removed in error.
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices.
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 on Apple Tart, please notify our Copyright Agent by providing a written notice that includes substantially the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- 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 us to locate the material (e.g., the URL of the infringing content).
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
- 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.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay in processing your DMCA notification.
Filing a DMCA Counter-Notification
If you believe that content you posted on Apple Tart was removed or disabled by mistake or misidentification, you have the right to file a counter-notification. Your counter-notification must be a written communication that includes substantially the following:
- 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.
- 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 Apple Tart 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.
- Your physical or electronic signature.
Upon receipt of a valid counter-notification, Apple Tart will promptly provide the complaining party with a copy of the counter-notification and inform them that it will replace the removed material or cease disabling access to it in 10 business days. Apple Tart will then replace the removed material or cease disabling access to it in no less than 10, nor more than 14, business days following receipt of the counter-notification, unless our Copyright Agent first receives notice from the person who submitted the original DMCA notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on Apple Tart's system.
To submit a DMCA notice or counter-notification, please use our contact page.
