DMCA notice and takedown

Designated copyright agent

Notices of claimed infringement should be sent to our designated copyright agent:

What to include in a notice

To be effective under the DMCA, a notice must be a written communication that includes substantially the following:

1. A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list of those works.
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, together with information sufficient to allow us to locate the material (typically, a URL on rateorchard.com).
4. Information reasonably sufficient to allow us to contact you (address, telephone number, and email address).
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please be aware that under 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages.

Counter-notice

If material you posted to RateOrchard was removed in response to a DMCA notice and you believe it was removed as a result of mistake or misidentification, you may submit a counter-notice to our designated agent that includes:

1. Your physical or electronic signature.
2. Identification of the material that has been removed, and the location at which it appeared before it was removed.
3. 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.
4. Your name, address, and telephone number, and 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 RateOrchard may be found, and that you will accept service of process from the person who submitted the original notice.

If we receive a valid counter-notice, we may forward it to the original notifying party. Unless the notifying party files an action seeking a court order against you, we may restore the removed material in 10 to 14 business days after the counter-notice is received.

Repeat infringer policy

It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate access for any user or account holder who we determine to be a repeat infringer.

False notices

We reserve the right to seek damages, including reasonable attorney fees, against any party that submits a notice of infringement in bad faith or that contains knowing material misrepresentations, as authorised by 17 U.S.C. §512(f).

Not legal advice

This page describes our procedure. It is not legal advice. If you are unsure whether your claim qualifies or what to include in a notice, consult a qualified attorney.