All pictures are the property and copyright of their respective owners. This site typically displays images as part of blog posts written by our editors. The types of images editors are authorized to use on albenacakes.com include:
Images licensed from photographic archive vendors
Images supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
Reader-submitted images, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site(s)
Images published on Flickr or other public photo sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
Images commissioned by albenacakes.com
Images that we believe to be covered by the Fair Use Doctrine, taking into account factors such as:
The purpose and character of the use (i.e. transformation from the original, use for criticism, satire or parody)
The nature of the copyrighted work (i.e. factual or newsworthy vs creative works)
The amount and substantiality of the portion used in relation to the whole (i.e. use of cropped, reduced, low-resolution images used for no more than to convey the point made)
The effect on the potential market for the copyrighted work (e.g. use that is not substitutive for the original, or would never be licensed in any event)
If www.albenacakes.com receives notice that an image posted is not in keeping with these terms and conditions or the intended use of the Comments section where it is posted, we reserve to right to remove that image.
If however you feel any copyrighted works you own have been infringed, you can, under the Digital Millennium Copyright Act, file a take down request, as outlined below, and your inquiry will be fully investigated.
Digital Millennium Copyright Act (1998)
Under the conditions of the Digital Millennium Copyright Act of 1998 the copyright owner of a digital work is entitled to file a Takedown Request (section 512) which notifies us that albenacakes.com may be hosting a copyrighted image.
From the DMCA 1998 Section 512:
“Under the notice and takedown procedure, a copyright owner submits a notification under penalty of perjury, including a list of specified elements, to us (albenacakes.com). Failure to comply substantially with the statutory requirements means that the notification will not be considered in determining the requisite level of knowledge or infringement by us. If, upon receiving a proper notification, we promptly remove or block access to the material identified in the notification, we are exempt from monetary liability. In addition, we are protected from any liability to any person for claims based on its having taken down the material. Penalties are provided for knowing material misrepresentations in either a notice or a counter notice. Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or us.”
If you are (or if you represent) the copyright owner of an image on this website then please provide the following information and email it to contact page.
Please note all requested information is mandatory including an electronic or physical signature. An incomplete request will not be considered a proper notification under the terms of the act.
An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work (or works) that you claim has been infringed;
A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
A clear description of where the infringing material is located on our web site, including its URL, so that we can locate the material;
Your address, telephone number, and e-mail address
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; and
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.
Upon receipt of a Takedown Request we will investigate the authenticity of the request and, upon verification, we will remove the image from this site (albenacakes.com). Please allow up to 10 days for your request to be processed, and please note that due to the accessible nature of this email address we receive a substantial number of fraudulent and misleading requests.
Do not send any inquiries unrelated to copyright infringement to this email address (e.g. Requests for technical assistance or customer service, reports of e-mail abuse, etc). You will not receive a response to such inquiries if sent to that contact email.