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Written by
Travis Bernard
Creek > DMCA Policy       Introduction

DMCA Policy

Written by
Travis Bernard

Creek, LLC (hereby "Creek") respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Creek will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. It is Creek’s policy, in appropriate circumstances, to discontinue hosting the websites and content of organizations and individuals who are repeat infringers or are repeatedly charged with infringement.

If you are a copyright owner, or are authorized to act on behalf of one with respect to any exclusive right under copyright, and wish to send a notice regarding alleged infringements taking place on or through the Creek website and service (collectively the "Service") you may send such notice to Creek’s designated Copyright Agent.

1. DMCA Notice of Alleged Infringement ("Notice")

  • Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by a single notification - you may provide a representative list of such works.
  • Identify the material you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, and information reasonably sufficient to permit Creek to locate the material, which may include, if applicable, the URL of the link shown on the Service where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Creek’s Designated Copyright Agent:

By mail:

For: Copyright Agent

Creek, LLC
4228 Olive Hwy.
Oroville, CA 95966
USA

By email:

Subject: DMCA Take Down Notice

copyright@creek.org

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

2. Counter Notices

One who has posted material that allegedly infringes a copyright may send Creek a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Creek receives a valid counter notice, we will reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please return the following form to Creek’s Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the Creek Privacy Policy and the terms of the DMCA, the counter notice will be given to the complaining party. Counter notice

  • Identity of the material that has been removed or to which access has been disabled on Creek service and the location at which the material appeared before it was removed or access to it was disabled:
  • Include both of the following statements in the body of the Notice:
    • "I hereby state under penalty of perjury that I 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."
    • "I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Creek may be found, and I will accept service of process from the complaining party who notified Creek of the alleged infringement or an agent of such person."
  • Provide your name, address and telephone number:
  • Provide your full legal name and your physical or electronic signature.

The Counter Notice should be delivered to Creek’s Designated Copyright Agent:

By mail:

For: Copyright Agent,

Creek, LLC
4228 Olive Hwy.
Oroville, CA 95966
USA

By email:

Subject: DMCA Take Down Notice

copyright@creek.org