INTELLECTUAL PROPERTY COMPLAINT POLICY
Shirtelephant prohibit users from using the service to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress, and right of publicity).
Shirtelephant will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, said intellectual property. Shirtelephant is not in a position to adjudicate disputes. If you believe a campaign contains content that is not authorized, upon receipt of the information enumerated below, Shirtelephant will provide the campaign owner with your correspondence and contact information and direct the campaign owner to contact you within seven (7) days to resolve this dispute. If the campaign owner does not contact you, or if the issue is not resolved to your satisfaction, please let us know. In cases of an alleged infringement, in our sole discretion, Shirtelephant may take down the campaign and refund all buyers, provided that the conditions, below, are satisfied.
If you believe that your intellectual property rights have been infringed upon by a Shirtelephant user, please notify Shirtelephant at legal@shirtelephant .com. You must include within your notification the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed
- The URL to the Shirtelephant campaign(s) used in connection with the sale of the allegedly infringing merchandise.
- Identification of the copyright, trademark, or other rights that allegedly have been infringed, including proof of ownership (such as copies of existing trademark or copyright registrations).
- Your full name, address, telephone number(s), and email address(es).
- A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law.
- A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the intellectual property or other right that is allegedly infringed.
If you believe that a claim of intellectual property infringement was filed by mistake or misidentification you may file a counter-notice. If you materially misrepresent in your counter-notice that your design is not infringing upon the intellectual property, you may be liable for damages to the intellectual property owner (including costs and attorney’s fees). Therefore, if you are unsure whether or not the material infringes on the intellectual property, please contact an attorney before filing the counter-notice. The counter-notice should be submitted to leg[email protected] and must include the following information:
- Your physical or electronic signature;
- Your full name, address, telephone number(s), and email address(es);
- Identification of the material and its location before it was removed, either by URL to the [email protected] campaign(s) used in connection with the sale of the allegedly infringing merchandise or Shirtelephant campaign number;
- A statement under penalty of perjury that the claim of intellectual property infringement that led to the removal or blockage of access to material was filed by mistake or misidentification;
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.);
- Your consent to accept service of process from the party who submitted the takedown notice or an agent of that party.
If you submit a counter-notice, a copy of the counter-notice may be sent to the complaining party informing the complaining party that Shirtelephant 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 you, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.
REPEAT INTELLECTUAL PROPERTY COMPLAINT POLICY
If Shirtelephant receives repeated notices that you have posted others’ intellectual property without permission, Shirtelephant may terminate your account. Shirtelephant has a system for keeping track of repeat violators of intellectual property rights of others, and determining when to suspend or terminate your account.
Generally, when content is removed that you posted because the intellectual property owner of that content sent us a complete legal request to do so, you will get an intellectual property strike. If you receive three intellectual property strikes within a one-year period, your account will be suspended for a period of one month. If you receive four intellectual property strikes within a one-year period, your account will be suspended for a period of three months. If you receive five intellectual property strikes within a one-year period, your account will be suspended for a period of six months. If you receive six intellectual property strikes within a one-year period, your account will be terminated.
If you submit a counter-notice in response to the intellectual property owner’s notice and that counter-notice is not answered by the intellectual property owner, or if the dispute leads to legal proceedings that result in a court finding that you have not infringed the owner’s intellectual property, Shirtelephant will take away the strike that you were given for posting that content. Likewise, if the intellectual property owner retracts his or her notice, Shirtelephant will take away the strike.
Shirtelephant reserves the right to terminate accounts that act against the spirit of the Terms of Service, regardless of how many strikes are involved.