DMCA Copyright Policy

FreshCut NYC respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. §512, we will respond to clear notices of alleged copyright infringement that comply with U.S. law and the procedure described below.

1. Designated Copyright Agent

All DMCA notices, counter-notices, and copyright-related correspondence must be sent to our Designated Agent. We are registered with the U.S. Copyright Office DMCA Designated Agent Directory.

You can verify our registration at the U.S. Copyright Office DMCA Designated Agent Directory.

2. How to submit a takedown notice

To be effective under the DMCA, your written notice ("Notification") must include all of the following. Notices missing any item may be rejected as facially deficient under 17 U.S.C. §512(c)(3)(A).

1. A physical or electronic signature of a person authorized 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. If multiple works are covered, you may provide a representative list.
3. Identification of the material claimed to be infringing — with enough detail for us to locate it (URL, shop/product ID, screenshot).
4. Your full name, mailing address, telephone number, and email address.
5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement made under penalty of perjury that the information in your notice is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.

False claims warning (17 U.S.C. §512(f)): If you knowingly misrepresent that material is infringing, you may be liable for damages — including costs and attorneys' fees incurred by us and the affected user.

3. Our response

Upon receipt of a notice that substantially complies with the DMCA, FreshCut will:

• Remove or disable access to the identified material promptly — typically within 24–48 hours of receipt during business days.
• Notify the user who posted the material, including a copy of your notice (minus your contact details where law permits).
• Forward the user's counter-notice (if any) to you, then restore the material 10 to 14 business days later unless you file a court action seeking to restrain the user from infringing.
• Maintain an internal log of takedowns for our repeat-infringer policy.

4. How to submit a counter-notice

If material you posted was removed and you believe the removal was a mistake or that you have the right to post it, you may submit a counter-notice. To be effective under 17 U.S.C. §512(g), your counter-notice must contain:

1. Your physical or electronic signature.
2. Identification of the removed material and its previous location.
3. A statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification.
4. Your full name, address, telephone number, and a statement that you consent to the jurisdiction of the U.S. District Court for the district where you live (or, if outside the U.S., the Southern District of New York), and that you will accept service of process from the person who filed the original notice.

5. Repeat-infringer policy

In accordance with 17 U.S.C. §512(i), FreshCut maintains a policy under which we will terminate, in appropriate circumstances, the accounts of customers, vendors, or delivery workers who are repeat infringers.

• First valid takedown: A formal warning and removal of the material.
• Second valid takedown within 12 months: A 7-day suspension of the user's ability to upload new content.
• Third valid takedown within 12 months: Permanent termination of the account, including any active shop or driver profile. Pending payouts are processed; new orders are blocked.

Successful counter-notices that are not contested in court do not count toward this total. We may apply more severe sanctions for egregious or willful infringement.

6. Trademark complaints

The DMCA covers copyright only. For trademark issues — for example, a shop using a brand name or logo it isn't authorized to use — please email legal@freshcut.nyc with proof of your trademark rights and the specific listing in question.

7. Get legal advice

FreshCut staff cannot provide legal advice. If you are unsure whether to file a DMCA notice or counter-notice, please consult a qualified copyright attorney. Falsely claiming infringement — or falsely denying it — can result in significant liability.