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DMCA Policy

DMCA Copyright Policy for La Calabaza Magica

La Calabaza Magica ("we," "us," or "our") 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), we will respond promptly to claims of copyright infringement committed using the La Calabaza Magica service or website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

This policy describes the information that should be present in a notice of alleged infringement and provides the procedures we will follow to resolve the claim between the complaining party and the party that originally posted the content.

Filing a DMCA Notice of Alleged Infringement

If you are a copyright owner or an agent thereof and believe that any content hosted on the Site infringes your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  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 the service provider to locate the material. This should include the specific URL(s) of the infringing material on La Calabaza Magica.
  4. Information reasonably sufficient to permit the service provider 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.

Upon receipt of a valid DMCA notice, we will remove or disable access to the allegedly infringing material and will make reasonable attempts to notify the user who posted the material.

DMCA Counter-Notification

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material, you may send a counter-notice containing the following information to our Designated Copyright Agent:

  • Your physical or electronic signature.
  • Identification of the content that has been removed or to which access has been disabled and the location (URL) at which the content appeared before it was removed or disabled.
  • A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
  • Your name, address, telephone number, and email address.
  • A statement that you consent to the jurisdiction of the federal court in [Jurisdiction of your company, e.g., 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 La Calabaza Magica may be found], and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Designated Copyright Agent, La Calabaza Magica may send a copy of the counter-notice to the original complaining party informing that person that La Calabaza Magica may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

For any questions or to submit a DMCA notice or counter-notice, please use our contact page.