DMCA Policy
Capitalized terms not defined herein shall have the meaning set forth in the Terms of Use. It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. By using or accessing the Website, Service or any portion thereof, you accept the practices described in this Copyright Policy, our Privacy Policy and our Terms of Use.
- Our Designated Agent to Receive Notifications of Infringement Under the DMCA
If you believe that your work has been copied or used on the Site, or incorporated into the Services, any User Content, or any Site Content in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you or your authorized representative may provide us with a written communication or notice, which is intended to be consistent with the notice requirements under the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. § 512(c)(3) (the “DMCA Notice”). If applicable, we will respond to notices in a form provided by other jurisdictions as well. The DMCA Notice should be sent to Christopher Poole, who is the Company’s “Designated Agent” and can be contacted as follows:
- By Email: coleandmarmalade@gmail.com
- Notice of Infringement
The DMCA Notice to the Designated Agent should include the following:
- Signature of Copyright Owner or Agent – A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the Copyrighted Material – Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single written notice, a representative list of such works.
- Identification of the Allegedly Infringing Material – 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 Company to locate the material.
- Contact Information – Information reasonably sufficient to permit the Company to contact the sender of the DMCA Notice, such as an address, telephone number, and, if available, an electronic mail address at which the sender may be contacted.
- Good Faith Belief of Infringement – A statement that the sender of the DMCA Notice 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.
- Accuracy and Authority – A statement that the information in the DMCA Notice is accurate, and under penalty of perjury, that the sender of the DMCA Notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that a sender of a DMCA Notice may be liable for damages, including court costs and attorneys’ fees, if the sender materially misrepresents that content made available through the Service infringes upon the copyright of another.
- Counter-Notice
If you believe in good faith that a DMCA Notice of copyright infringement has been wrongfully filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must be sent to our Designated Agent and must include the following:
- Your Signature – A physical or electronic signature of the user who the claim of infringement is made against.
- Identification of Removed/Blocked Material – 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.
- Your Good Faith Belief – 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 Contact Information, Acceptance of Jurisdiction and Service of Process – Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided the DMCA Notice of the alleged infringement.
- Termination Under Our DMCA Policy
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, accounts for users of the Site and Services who are deemed to be repeat infringers. Regardless of whether we may be liable for such infringement under local country law or United States law, our response to a DMCA Notice may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. We may also, at our sole discretion, limit access to the Site and Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Mediavine Programmatic Advertising (Ver 1.1)
The Website works with Mediavine to manage third-party interest-based advertising appearing on the Website. Mediavine serves content and advertisements when you visit the Website, which may use first and third-party cookies. A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website.
First party cookies are created by the website that you are visiting. A third-party cookie is frequently used in behavioral advertising and analytics and is created by a domain other than the website you are visiting. Third-party cookies, tags, pixels, beacons and other similar technologies (collectively, “Tags”) may be placed on the Website to monitor interaction with advertising content and to target and optimize advertising. Each internet browser has functionality so that you can block both first and third-party cookies and clear your browser’s cache. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, how to disable existing cookies and how to clear your browser’s cache. For more information about cookies and how to disable them, you can consult the information at All About Cookies.
Without cookies you may not be able to take full advantage of the Website content and features. Please note that rejecting cookies does not mean that you will no longer see ads when you visit our Site. In the event you opt-out, you will still see non-personalized advertisements on the Website.
The Website collects the following data using a cookie when serving personalized ads:
- IP Address
- Operating System type
- Operating System version
- Device Type
- Language of the website
- Web browser type
- Email (in hashed form)
Mediavine Partners (companies listed below with whom Mediavine shares data) may also use this data to link to other end user information the partner has independently collected to deliver targeted advertisements. Mediavine Partners may also separately collect data about end users from other sources, such as advertising IDs or pixels, and link that data to data collected from Mediavine publishers in order to provide interest-based advertising across your online experience, including devices, browsers and apps. This data includes usage data, cookie information, device information, information about interactions between users and advertisements and websites, geolocation data, traffic data, and information about a visitor’s referral source to a particular website. Mediavine Partners may also create unique IDs to create audience segments, which are used to provide targeted advertising.
If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit National Advertising Initiative opt out page. You may also visit Digital Advertising Alliance website and Network Advertising Initiative website to learn more information about interest-based advertising. You may download the AppChoices app at Digital Advertising Alliance’s AppChoices app to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.
For specific information about Mediavine Partners, the data each collects and their data collection and privacy policies, please visit Mediavine Partners.