INTELLECTUAL PROPERTY RIGHTS POLICY
Famistuff provides an internet-based platform that
allows its users to design and sell their own T-shirts and other merchandise.
We contractually prohibit our users from designing or selling merchandise that
infringes the intellectual property rights of third parties (including without
limitation copyright, trademark, and related rights). If you believe that a
user of the
Famistuff service has infringed your intellectual
property rights, we encourage you to contact us using the procedure outlined
below.
A. PROCEDURE FOR REPORTING INTELLECTUAL PROPERTY INFRINGEMENT:
It is
Famistuff ‘ policy to (1) block access to
or remove any content (including, without limitation, text, graphics, and
photos) (collectively, “Content”) that it believes in good faith to infringe
the intellectual property rights of third parties following receipt of a
compliant notice; and (2) remove and discontinue service to repeat infringers.
If you believe that Content residing on or accessible through the
Famistuff Service constitutes copyright
infringement, or that your intellectual property rights have been otherwise
violated, please send a notice of infringement containing the following
information to the Designated Agent listed below:
- Identification
of the copyrighted work or other intellectual property that you claim has
been infringed on or through the Famistuff Service, including the
registration number(s) for any such material if applicable;
- Identification
of the Content that you claim has infringed on the identified copyrighted
work or other intellectual property, including (a) a description of how
the material in question is using the copyrighted work or other
intellectual property in a way that constitutes infringement, and (b) a
description of where the material in question is located on or in
the Famistuff Service,
with sufficient detail that we may verify the existence of the material
within the Famistuff Service;
- Your
contact information, including your full name, mailing address, telephone
number, and email address;
- A
statement by you that you have a good faith belief that the disputed use
of the copyrighted work or other intellectual property is not authorized
by the copyright holder, its agents, or the law;
- A
statement by you, made under penalty of perjury, that the information
provided in your notice is accurate and that you are the rights holder or
are authorized to act on behalf of the rights holder; and
- An
electronic or physical signature of the person authorized to act on behalf
of the rights holder.
B. ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE
DESIGNATED AGENT:
It is
Famistuff policy:
- to remove
or disable access to the allegedly-infringing Content;
- to notify
the member whose Content has been removed or disabled; and
- that
repeat offenders will have the allegedly-infringing Content removed from
the Service and that Famistuff will
terminate such member’s access to the Service.
C. PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT:
If the notified-member believes that the Content that was removed or to
which access was disabled is either not infringing, or the member believes that
he or she has the right to post and use such Content from the rights owner, the
owner’s agent, or pursuant to the law (including as a fair use), the
notified-member must send a counter-notice containing the following information
to the Designated Agent listed below:
- Identification
of the Content that has been removed or disabled, including a description
of the where the material in question appeared on the Famistuff Service
before it was removed or disabled;
- A
statement by you, made under penalty of perjury, that you have a good
faith belief that the Content was removed or blocked as a result of a
mistake or misidentification of the Content in question;
- Your
contact information, including full name, mailing address, telephone
number, and email address;
- A
statement by you that you consent to the jurisdiction of the Federal Court
for the judicial district in which your address is located or, if your
address is outside of the USA, for the judicial district in
which
Famistuff is
located, and that you will accept service of process from the person who
provided notification of the alleged infringement;
- Your
electronic or physical signature.
If a counter-notice is received by the Designated Agent,
Famistuff may
send a copy of the counter-notice to the original complaining party informing
that party that
Famistuff may replace the removed
Content or cease disabling it in 10 business days. Unless the rights owner
files an action seeking a court order against the member, 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
Famistuff ‘
discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly
misrepresents that Content or activity is infringing may be subject to
liability for damages, including attorney’s fees.
Please contact
Famistuff Designated Agent
at the following address:
[email protected]