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DMCA Policy

DMCA Policy

Smashed Potatoes is committed to respecting the intellectual property rights of others. We comply with the provisions of the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. § 512). This policy outlines the procedures for copyright owners to notify us of alleged infringement and for users to file counter-notifications if their content has been mistakenly removed.

Filing a DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on Smashed Potatoes, please notify our designated copyright agent with a written notice containing the following information. Please be aware that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is infringing.

  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 disabled, and information reasonably sufficient to permit Smashed Potatoes to locate the material (e.g., a URL link to the specific infringing content).
  4. Information reasonably sufficient to permit Smashed Potatoes 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.

Filing a DMCA Counter-Notification

If you believe that your content was removed or access was disabled as a result of mistake or misidentification of the material to be removed or disabled, you may file a counter-notification with our designated copyright agent. Please be aware that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content or activity is not infringing.

  • 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 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.
  • 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 Smashed Potatoes may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

All DMCA notices and counter-notifications should be sent to our designated agent via our Contact Us page.