Last Updated: May 2, 2025
ElianasEats 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”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, ElianasEats will respond expeditiously to claims of copyright infringement committed using the ElianasEats website.
This policy explains how to report claims of copyright infringement to ElianasEats and outlines the procedures that will be followed to resolve such claims.
Notification of Claimed Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible on ElianasEats.com, please notify me by sending a written communication that includes substantially the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon.
A description of where the material that you claim is infringing is located on the site, including the specific URL where the material appears.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
DMCA Notice Submission
Please submit your DMCA notice to:
Email: contact [at] elianaeats.com
Mail: Washita Way, San Antonio, TX 78256
Subject Line: “DMCA Notice”
Please note that you may be liable for damages, including costs and attorneys’ fees, if you materially misrepresent that material is infringing your copyright.
Accordingly, if you are not sure whether content located on or linked to by ElianasEats.com infringes your copyright, you should consider first contacting an attorney.
Counter Notification Procedures
If you believe that content that was removed or to which access was disabled as a result of a DMCA notice 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 notice containing the following information to the designated agent:
Your physical or electronic signature.
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of the federal court in San Antonio, Texas.
A statement that you will accept service of process from the person who provided the original DMCA complaint.
If a counter notice is received, ElianasEats may send a copy of the counter notice to the original complaining party informing that person that ElianasEats may replace the removed content 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 content may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter notice, at ElianasEats’s sole discretion.
Repeat Infringers
In appropriate circumstances, ElianasEats will disable or terminate the accounts of users who are repeat infringers.
If you believe that a user is a repeat infringer, please follow the instructions above to contact ElianasEats and provide information sufficient for us to verify that the user is a repeat infringer.
Accommodation of Standard Technical Measures
ElianasEats accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that ElianasEats determines are reasonable under the circumstances.
Copyright Agent Information
The DMCA requires that notices of claimed infringement be sent to:
Email: contact [at] elianaeats.com
Mail: Washita Way, San Antonio, TX 78256
Subject Line: “DMCA Notice”
Please include “DMCA Notice” in the subject line of all communications.
Changes to This Policy
ElianasEats reserves the right to modify this DMCA Policy at any time, so please review it frequently.
Changes and clarifications will take effect immediately upon their posting on the website.
If substantial changes are made to this policy, I will notify you that it has been updated on my website.
Limitation of Liability
Under no circumstances will ElianasEats be liable for any direct, indirect, incidental, special, consequential, exemplary, or other damages arising from or relating to misuse of the DMCA process, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the DMCA process, unauthorized access to or alteration of your submissions or data, statements or conduct of any third party in the DMCA process, or any other matter relating to the DMCA process.
Indemnification
You agree to indemnify, defend, and hold harmless ElianasEats, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses relating to or arising out of your use of the DMCA process, including, without limitation, any breach by you of the terms of this DMCA Policy.
No Legal Advice
The information provided in this DMCA Policy is intended for informational purposes only and should not be construed as legal advice.
If you believe your copyrights are being infringed, or if you have received a notification of claimed infringement, you should seek legal advice from a qualified attorney.
International Users
This DMCA Policy is designed to comply with United States law. If you are accessing ElianasEats.com from outside the United States, please be aware that the laws governing copyright may differ from those in your country.
ElianasEats.com is hosted in the United States and operates subject to United States law.
Fair Use
ElianasEats respects the principle of fair use under United States copyright law.
Fair use permits limited use of copyrighted material without obtaining permission from the rights holders for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.
If you believe your content was removed due to a misunderstanding about fair use principles, please include an explanation of why you believe your use qualifies as fair use in your counter notification.
Good Faith Belief
Before submitting a DMCA notice, please consider whether the use of your material on ElianasEats.com may be protected under doctrines such as fair use, implied license, or other exceptions to copyright protection.
ElianasEats takes claims of copyright infringement seriously and will process notices in good faith, but also recognizes the importance of preventing misuse of the DMCA process to chill legitimate speech or creative expression.
No Waiver
The failure of ElianasEats to enforce any right or provision of this DMCA Policy shall not constitute a waiver of such right or provision.
The DMCA Policy operates in addition to and does not replace or limit any other legal rights or remedies available to ElianasEats.
Acknowledgment
By using ElianasEats.com, you acknowledge that you have read and understand this DMCA Policy, and agree to its terms and conditions. This DMCA Policy is incorporated into and subject to the terms of ElianasEats’s Terms of Service and Privacy Policy.
Thank you for respecting the intellectual property rights of others, including those of ElianasEats. If you have any questions about this DMCA Policy, please contact me at contact [at] elianaeats.com.