DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY AND NOTIFICATION
Section 512 of the Copyright Law of the United States (17 U.S.C. §512) limits liability for
copyright infringement by service providers if the service provider has designated an agent for
notification of claimed infringement by providing contact information to the Copyright Office
and through the service provider’s website. FLOUR, INC., D/B/A NOURISH NETWORK
(hereinafter NOURISH NETWORK, we, us or ours) has designated an agent to receive
notification of alleged copyright infringement (our agent is identified below). This notification is
made without prejudice or admission as to the applicability of the Digital Millennium Copyright
Act, 17 U.S.C., Section 512, to NOURISH NETWORK.
How to report a claim of infringement
If you believe that any of your exclusive rights under United States copyright law have been
violated in a manner that constitutes infringement, and that the allegedly infringing material is
accessible on this site or through NOURISH NETWORK as an online service provider, you must
notify our designated agent.
The law requires that to be valid, your claim of copyright infringement must be written and
addressed to our agent (identified below) and must provide the following information (the
list below comes straight from the statute; if you do not understand the language please seek
* 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 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;
* 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;
* 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 at which the complaining party may be contacted;
* 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; and
* 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.
When filing an infringement claim, please include any URLs identifying the allegedly infringing
material along with any other information that might assist our agent’s investigation of your
Upon receipt of a valid claim (i.e., a claim in which all required information is substantially
provided) NOURISH NETWORK will undertake to have the disputed material removed from
public view. We will also notify the user who posted the allegedly infringing material that we
have removed or disabled access to that material. NOURISH NETWORK has no other role to
play either in prosecuting or defending claims of infringement, and cannot be held accountable in
any case for damages, regardless of whether a claim of infringement is found to be true or false.
Please note: If you materially misrepresent that material infringes your copyright interests, you
may be liable for damages (including court costs and attorneys fees) and could be subject to
How to make a counter notification
If you are a NOURISH NETWORK user and you feel that material that you have placed online
that has been removed following an infringement complaint is in fact NOT an infringement, you
may file a counter notification. Section 512 (g)(3) requires that to be valid, the counter
notification must be written and addressed to our agent (identified below) and must provide
the following information (again, the list below comes straight from the statute; if you do not
understand the language please seek independent advice):
* A physical or electronic signature of the subscriber;
* 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;
* A statement under penalty of perjury that the subscriber has 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; and
* The subscriber's name, address, and telephone number, and a statement that the subscriber
consents to the jurisdiction of Federal District Court for the judicial district in which the address
is located, or if the subscriber's address is outside of the United States, for any judicial district in
which the service provider may be found, and that the subscriber will accept service of process
from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Our designated agent will present your counter notification to the person who filed the
infringement complaint. Once your counter notification has been delivered, NOURISH
NETWORK is allowed under the provisions of Section 512 to restore the removed material in
not less than ten or more than fourteen days, unless the complaining party serves notice of intent
to obtain a court order restraining the restoration.
It is NOURISH Evolution’s policy to terminate users who are found to be repeat infringers.
NOURISH Evolution’s designated agent is LIA HUBER.
FLOUR, INC., D/B/A NOURISH NETWORK
Attn: Lia Huber (DMCA)
236 Powell Ave.
Healdsburg, CA 95448
By e-mail: email@example.com (Subject line: DMCA)