DMCA

Daizy Store offers an online platform that enables its users to create and sell their own merchandise, including T-shirts. We have strict policies in place that prohibit our users from designing or selling merchandise that violates the intellectual property rights of third parties, such as copyright and trademark rights. If you believe that a user of the Daizy Store service has infringed upon your intellectual property rights, please follow the procedure below to contact us.

A. Reporting Intellectual Property Infringement:

At Daizy Store, we take intellectual property rights seriously. We will promptly remove or block access to any content that we believe, in good faith, infringes the intellectual property rights of third parties. We also have a policy of terminating service to repeat infringers. To report an infringement, please send a notice of infringement to the Designated Agent listed below, containing the following information:

  1. Identification of the copyrighted work or other intellectual property that has been infringed upon, including registration numbers if applicable;
  2. Identification of the specific content that infringes upon the identified copyrighted work or other intellectual property, including a description of how it constitutes infringement and where it is located on or within the Daizy Store Service;
  3. Your contact information, including full name, mailing address, telephone number, and email address;
  4. A statement from you indicating that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, their agents, or the law;
  5. A statement from you, made under penalty of perjury, that the information provided in your notice is accurate and that you are either the rights holder or authorized to act on behalf of the rights holder; and
  6. Your electronic or physical signature, or the signature of the person authorized to act on behalf of the rights holder.

B. Responding to Bona Fide Infringement Notifications:

Upon receipt of a proper and bona fide infringement notification, Daizy Store will promptly take action, which may include removing or disabling access to the allegedly-infringing content, notifying the member whose content has been removed or disabled, and terminating access to the Service for repeat infringers.

C. Supplying a Counter-Notice:

If you are a notified member who believes that your content was removed or disabled in error or that you have the right to use the content, you may send a counter-notice to the Designated Agent listed below, containing the following information:

  1. Identification of the content that was removed or disabled, including where it appeared on the Daizy Store Service before it was removed or disabled;
  2. A statement from 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;
  3. Your contact information, including full name, mailing address, telephone number, and email address;
  4. A statement from you indicating 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 Daizy Store is located, and that you will accept service of process from the person who provided notification of the alleged infringement; and
  5. Your electronic or physical signature.

If we receive a counter-notice, we may provide a copy to the original complaining party and may replace the removed content or cease disabling it in 10 business days, at our discretion. 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.

Please be aware that under Section 512(f) of the Digital Millennium Copyright Act (DMCA), anyone who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney’s fees. If you receive a notification of alleged copyright infringement and believe that it is mistaken or that you have the right to use the content in question, it is important to respond promptly and accurately with a counter-notice.

However, please note that filing a counter-notice may not be appropriate in all cases, and there may be other legal remedies available to you. It is recommended that you seek legal advice if you are unsure about your rights and obligations in a particular situation.

At Daizy Store, we take intellectual property rights seriously and strive to create a safe and fair marketplace for our users. We appreciate your cooperation in helping us maintain the integrity of our platform and encourage you to contact us if you have any questions or concerns.