← Back to Home

DMCA Policy

DMCA Policy

Chaparral Herb 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 at http://www.copyright.gov/legislation/dmca.pdf, Chaparral Herb will respond expeditiously to claims of copyright infringement committed using the Chaparral Herb service and/or website (the "Site") if such claims are reported to Chaparral Herb's Designated Copyright Agent identified below.

This policy describes the information that should be present in a DMCA takedown notification (a "Notice") and in a counter-notification (a "Counter-Notice"). We advise you to consult with your legal counsel or an attorney to determine your legal rights and obligations under the DMCA and other applicable laws.

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 Chaparral Herb's Designated Copyright Agent.

Upon receipt of the Notice as described below, Chaparral Herb 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, including costs and attorneys' fees incurred by the alleged infringer or the copyright owner. Therefore, if you are not sure whether content located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Your DMCA Notice of Alleged Infringement must be a written communication provided to Chaparral Herb's Designated Copyright Agent that includes substantially the following:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  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 Chaparral Herb to locate the material (e.g., URL(s) of the material on the Site).
  4. Information reasonably sufficient to permit Chaparral Herb 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.
  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.

Counter-Notification

If you believe that the 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 Chaparral Herb by providing our Designated Copyright Agent with a written communication that includes substantially the following:

  • 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 (e.g., URL(s) of the material on the Site).
  • 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 Chaparral Herb may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

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, including costs and attorneys' fees incurred by the copyright owner or the alleged infringer. Therefore, if you are not sure whether content located on or linked to by the Site was removed or disabled by mistake or misidentification, you should consider first contacting an attorney.

Chaparral Herb's Designated Copyright Agent

Please send all DMCA Notices and Counter-Notifications to our Designated Copyright Agent via our contact page, specifying "DMCA Policy Inquiry" in the subject line or message body.