Intellectual Property Rights Policy
Premium Tshirt Maker ("Premium Tshirt Maker") 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 Premium Tshirt Maker 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 Premium Tshirt Maker's 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 Premium Tshirt Maker 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 Premium Tshirt Maker 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 Premium Tshirt Maker Service, with sufficient detail that we may verify the existence of the material within the Premium Tshirt Maker 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 Premium Tshirt Maker's 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 Premium Tshirt Maker 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 Premium Tshirt Maker 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 Premium Tshirt Maker 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, Premium Tshirt Maker may send a copy of the counter-notice to the original complaining party informing that party that Premium Tshirt Maker 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 Premium Tshirt Maker's 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.
You can file complaints through the links below for:
If you require further assistance, please contact Premium Tshirt Maker's Designated Agent to receive notification of claimed infringement at the following address:
Premium Tshirt Maker IP Manager
39899 Balentine Drive
Newark, CA 94560
copyright@qoxshop.com