Giftyzy offers an internet-based platform for users to create and sell their own T-shirts and other merchandise. We contractually prevent our users from designing or selling merchandise that violates third-party intellectual property rights. (including without limitation copyright, trademark, and related rights). If you think that a user of the Giftyzy service has violated your intellectual property rights, please contact us using the information provided below.
A. Procedure for reporting intellectual property infringement:
Following receipt of a compliant notice, Giftyzy policy is 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; and (2) remove and discontinue service to repeat infringers.
If you believe that Content on or accessible through the Giftyzy Service constitutes copyright infringement, or that your intellectual property rights have been violated in any other way, please send a notice of infringement to the Designated Agent listed below:
1.Clear identification of the copyrighted work or other intellectual property that you believe has been infringed, along with any registration number(s) associated with the material.
2.Specific identification of the content that you allege is infringing on the identified copyrighted work or intellectual property, including (a) an explanation of how the content in question is using the copyrighted work or intellectual property in a manner that constitutes infringement, and (b) a detailed description of where the content can be found within the Giftyzy Service to allow us to verify its existence.
3. Your contact information, which should include your complete name, mailing address, phone number, and email address;
4. Your declaration that you believe, in good faith, that the disputed use of the copyrighted work or other intellectual property is not allowed by the copyright holder, its agents, or the law;
5. A statement made under penalty of perjury by you that the information in your notice is correct and that you are the rights holder or are authorized to act on behalf of the rights holder
6. 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 Giftyzy policy:
1. To remove or disable access to the allegedly-infringing Content;
2. To notify the member whose Content has been removed or disabled; and
3. That repeat offenders will have the allegedly-infringing Content removed from the Service and that Giftyzy 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 access to which was disabled is not infringing, or that the member has the right to post and use such Content from the rights owner, the owner’s agent, or under the law (including as a fair use), the notified-member must send a counter-notice to the Designated Agent listed below:
1.Please provide a description of the Content that was removed or disabled, including where it appeared on the Giftyzy Service prior to its removal or disabling.
2.Declare, under penalty of perjury, that you have a good faith belief that the Content was taken down or blocked due to a mistake or misidentification of the material in question.
3.Include your contact information, including your full name, mailing address, phone number, and email address.
4.State that you agree to the jurisdiction of the Federal Court for the judicial district where your address is located, or if you are located outside of the United States, for the judicial district where Giftyzy is located. Additionally, confirm that you will accept service of process from the person who reported the alleged infringement.
5.Provide an electronic or physical signature to confirm the validity of the counter-notice.
If the Designated Agent receives a counter-notice, Giftyzy may send a copy to the original complaining party notifying that party that Giftyzy may replace the removed Content or stop disabling it in 10 business days. Unless the rights owner initiates an action seeking a court order against the member, the removed Content may be replaced, or access to it restored, within 10 to 14 business days or more after receipt of the counter-notice, at the discretion of Giftyzy.
Please keep in mind that under Section 512(f) of the DMCA, anyone who knowingly misrepresents that Content or activity is infringing may face legal consequences, including attorney’s costs.