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DMCA Policy

DMCA Policy for Black Walnut Ice Cream

Black Walnut Ice Cream respects the intellectual property rights of others and expects its users to do the same. This DMCA Policy outlines our procedures for addressing alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

It is our policy to respond to clear notices of alleged copyright infringement that comply with the DMCA and to take appropriate actions, which may include removing or disabling access to allegedly infringing material and, in appropriate circumstances, terminating accounts of repeat infringers.

Filing a DMCA Takedown Notice

If you believe that your copyrighted work has been copied and is accessible on the Black Walnut Ice Cream website in a way that constitutes copyright infringement, you may notify our Designated Copyright Agent by providing a written DMCA Takedown Notice containing the following information (as required by 17 U.S.C. § 512(c)(3)):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. 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.
  3. 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 Black Walnut Ice Cream to locate the material.
  4. Information reasonably sufficient to permit Black Walnut Ice Cream to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
  5. 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.
  6. 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.

Please send your DMCA Takedown Notice to our Designated Copyright Agent via our contact page, clearly indicating that your message is a "DMCA Takedown Notice."

Filing a DMCA Counter-Notification

If you believe that material you posted on the Black Walnut Ice Cream website was removed or access to it was disabled by mistake or misidentification, you may file a DMCA Counter-Notification by providing a written counter-notification containing the following information (as required by 17 U.S.C. § 512(g)(3)):

  • 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 your address is located, or if your address is outside of the United States, for any judicial district in which Black Walnut Ice Cream may be found, and that you will accept service of process from the person who provided the original DMCA Takedown Notice or an agent of such person.

Please send your DMCA Counter-Notification to our Designated Copyright Agent via our contact page, clearly indicating that your message is a "DMCA Counter-Notification."

Upon receipt of a valid DMCA Counter-Notification, we will promptly forward a copy to the complaining party. 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 our sole discretion.

Note: Misrepresentations in a DMCA Takedown Notice or Counter-Notification can lead to liability for damages. You may wish to consult with legal counsel before submitting a notice or counter-notice.