INTELLECTUAL PROPERTY RIGHTS POLICY
5TO9VIBE operates an online platform that enables users to create, design, and sell custom T-shirts and other merchandise. Pursuant to our Terms of Service, users are strictly prohibited from creating, uploading, or selling any content or products that infringe upon the intellectual property rights of any third party, including but not limited to copyrights, trademarks, and related proprietary rights.
If you believe that any user of the 5TO9VIBE service has infringed upon your intellectual property rights, please notify us in accordance with the procedures set forth below.
A. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT
It is the policy of 5TO9VIBE to:
Remove or disable access to any content (including, without limitation, text, graphics, images, or other materials) (collectively, “Content”) that we, in good faith, believe infringes the intellectual property rights of a third party upon receipt of a valid notice of infringement; and
Terminate the accounts of users who are repeat infringers, in appropriate circumstances.
If you believe that any Content available on or through the 5TO9VIBE service infringes your copyright or other intellectual property rights, you must submit a written notification of claimed infringement to our Designated Agent that includes the following information, as required under the Digital Millennium Copyright Act (“DMCA”):
Identification of the copyrighted work or other intellectual property claimed to have been infringed, including applicable registration number(s), if any;
Identification of the allegedly infringing Content, including:
(a) a description of how the Content allegedly infringes the identified intellectual property, and
(b) information reasonably sufficient to permit 5TO9VIBE to locate the Content on the service;
Your full legal name, mailing address, telephone number, and email address;
A statement that you have a good-faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
A statement, made under penalty of perjury, that the information contained in the notification is accurate and that you are the owner of the intellectual property rights at issue or are authorized to act on behalf of the owner; and
A physical or electronic signature of the person authorized to act on behalf of the rights holder.
B. ACTION UPON RECEIPT OF A VALID INFRINGEMENT NOTICE
Upon receipt of a properly completed and bona fide notice of infringement, 5TO9VIBE will:
Remove or disable access to the allegedly infringing Content;
Notify the user who posted the Content that it has been removed or disabled; and
In the case of repeat infringers, terminate the user’s access to the 5TO9VIBE service.
C. COUNTER-NOTIFICATION PROCEDURE
If a user believes that the Content removed or disabled was not infringing, or that the user has the right to use the Content pursuant to authorization from the rights holder, the rights holder’s agent, or applicable law (including fair use), the user may submit a counter-notification to the Designated Agent containing the following information:
Identification of the Content that was removed or disabled and the location where the Content appeared before it was removed or disabled;
A statement, made under penalty of perjury, that the user has a good-faith belief that the Content was removed or disabled as a result of a mistake or misidentification;
The user’s full legal name, mailing address, telephone number, and email address;
A statement that the user consents to the jurisdiction of the Federal District Court for the judicial district in which the user is located, or, if the user resides outside the United States, for the judicial district in which 5TO9VIBE is located, and that the user will accept service of process from the party who submitted the original notice of infringement; and
The user’s physical or electronic signature.
Upon receipt of a valid counter-notification, 5TO9VIBE may forward a copy to the original complaining party and inform them that the removed Content may be restored or access reinstated within ten (10) business days. Unless the rights holder files an action seeking a court order against the user, the Content may be restored or access reinstated within ten (10) to fourteen (14) business days or such longer period as 5TO9VIBE deems appropriate, in its sole discretion.
DMCA MISREPRESENTATION NOTICE
Please be advised that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages, including court costs and attorneys’ fees.
