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TMI Shirts respects the intellectual property rights of others, and we expect our users to do the same. We do not have an opportunity to prescreen every design that is submitted to our site for sale, so occasionally, user may inadvertently or deliberately submit and display content that breaches the TMI Shirts Terms & Conditions for art submissions.
We have adopted the following general policy toward copyright and intellectual property infringement in accordance with U.S. intellectual property laws, including the Digital Millennium Copyright Act of 1998. Notice & Takedown Requests should be sent to our designated agent to receive notification of claimed infringement at the address Wild One
NOTICE & TAKEDOWN PROCEDURE
If you believe your rights have been infringed, please notify our designated agent by sending a Notice & Takedown Request specifying the infringement to our designated agent that includes the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
One proper notice is received by our designated agent, TMI Shirts may remove or disable access to the infringing material. TMI Shirts will make reasonable attempts to notify the submitting user of the removal, the reason for removal, and may provide the user with a copy of the Notice & Takedown Request. The user will not be allowed to resubmit the material and may have all submitted materials removed and account terminated for repeated offenses.
If an user believes that his/her material was removed or access was disabled in error -- that is, the user has a well-grounded belief that the material is not infringing -- the user may submit a counter-notice pursuant to Section 512(g)(2) and (3) of the Digital Millennium Copyright Act. That notice should be directed to our designated agent and must include the following:
1. A physical or electronic signature of the user submitting the notice;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification f the material to be removed or disabled;
4. The user's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the user's address is outside of the United States, for any judicial district in which TMI Shirts is located, and that the user will accept service of process from the person who provided the initial Notice & Takedown Request or an agent of such person.
If counter-notice is received by the designated agent, TMI Shirts may send a copy of the counter-notice to the original complaining party informing that person that TMI Shirts may replace the removed material or cease disabling it in 10 business days. Unless the intellectual property owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at TMI Shirts' discretion.
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