Digital Millennium Copyright Act (“DMCA”) Policy for BirthdayGraphy.com

Introduction

BirthdayGraphy.com (“we,” “us,” or “our”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), we have adopted the following policy to address claims of copyright infringement on our website, BirthdayGraphy.com (the “Website”). This policy outlines the process for submitting a copyright infringement notice and our procedures for responding to such notices.


We will only respond to notices that comply with the requirements of the DMCA and this policy.

Notice of Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on BirthdayGraphy.com, please provide our DMCA Agent with a written notification that includes the following information, as required by 17 U.S.C. § 512(c)(3):

  1. Identification of the Copyrighted Work: A description of the copyrighted work that you claim has been infringed, including any registration information, if applicable.
  2. Identification of the Infringing Material: A description of the material you claim is infringing and its location on the Website (e.g., a URL or specific description sufficient to allow us to locate the material).
  3. Contact Information: Your name, address, telephone number, and email address.
  4. Statement of Good Faith: A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. Statement of Accuracy: A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  6. Signature: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Failure to include all required information may result in a delay or rejection of your claim.

Our Response to Notices

Upon receiving a valid DMCA notice, we will take the following actions:

  • Removal or Disabling Access: We will promptly remove or disable access to the allegedly infringing material.
  • Notification: We may notify the user who posted the material of the complaint and our actions.
  • Record Keeping: We will maintain records of DMCA notices as required by law.

Counter-Notification

If you believe that material you posted on BirthdayGraphy.com was removed or access was disabled due to a mistake or misidentification, you may file a counter-notification with our DMCA Agent. The counter-notification must include:

  1. Identification of the Material: A description of the material that was removed or disabled and its location on the Website before it was removed.
  2. Statement of Good Faith: A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.
  3. Contact Information: Your name, address, telephone number, and email address.
  4. Consent to Jurisdiction: 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 you are outside the United States, the U.S. District Court for the District where BirthdayGraphy.com is located), and that you will accept service of process from the person who provided the original DMCA notice or their agent.
  5. Signature: A physical or electronic signature.

Upon receiving a valid counter-notification, we may restore the material within 10-14 business days, unless the original complainant notifies us of a court action seeking to restrain the alleged infringement.

Repeat Infringers

BirthdayGraphy.com reserves the right to terminate accounts or access for users who are determined to be repeat infringers, in accordance with our policies and the DMCA.

Modifications to this Policy

We may update this DMCA Policy from time to time. Any changes will be posted on this page, and the updated policy will take effect upon posting. We encourage you to review this policy periodically.

Last Updated: August 1, 2025