Copyright Claims
foodgawker respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property rights (“Infringement”) of any person. foodgawker will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify foodgawker of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of support@foodgawker.com and include in your notice a detailed description of the alleged Infringement sufficient to enable foodgawker to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide foodgawker with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at support@foodgawker.com. You must include in your counter notice sufficient information to enable foodgawker to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you have any questions about copyright infringement or the notification and counter-notification process under the Digital Millennium Copyright Act (the “DMCA”), we recommend that you speak with an attorney.
Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement
foodgawker has registered an agent with the United States Copyright Office in accordance with the terms of the DMCA and avails itself of the protections under the DMCA. foodgawker reserves the right to remove any Content that allegedly infringes another person’s copyright. In appropriate circumstances, foodgawker will terminate the accounts of users who infringe copyright. Notices to foodgawker regarding any alleged copyright infringement should be directed to foodgawker via email at: support@foodgawker.com.
Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us (either directly or through your authorized representative) with a written notice containing the following information:
Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where on the Website the material that you claim is infringing may be found, sufficient for foodgawker to locate the material (e.g., the URL);
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright foodgawker, its agent, or the law and is not a fair use;
- A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature.
Filing a DMCA Counter-Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide foodgawker with a written counter-notification containing the following information:
Your name, address, telephone number, and email address;
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- A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
- 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;
- 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, any jurisdiction in which you may be properly served, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
Your electronic or physical signature.