DMCA Policy

Horchata 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 (the "DMCA"), we will respond promptly to claims of copyright infringement committed using the Horchata service and/or the Horchata website (the "Site") if such claims are reported to our Designated Copyright Agent identified below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, Horchata will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

Filing a DMCA Notice of Alleged Infringement

To file a DMCA notice, you must provide a written communication that includes substantially the following:

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identify the material that you claim is 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 us to locate the material (e.g., a URL to the material on the Horchata Site).
Provide your contact information, including your name, postal address, telephone number, and, if available, an 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 (e.g., as a fair use)."
- "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 (e.g., by typing your full name).

Filing a DMCA Counter-Notification

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material, you may send a counter-notification containing the following information to our Copyright Agent:

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 (e.g., the URL on the Horchata Site).
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 a misidentification of the material.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the federal court in [Jurisdiction of Horchata's operations - e.g., the Northern District of California] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Your physical or electronic signature (e.g., by typing your full name).

Upon receipt of a valid counter-notification, Horchata will send a copy of the counter-notification to the original complaining party informing that person that Horchata may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notification, at Horchata's sole discretion.

All DMCA notices and counter-notifications should be submitted via our contact page.