DMCA

Emonstyle provides an internet-based platform that allows its users to design and sell their own T-shirts and other merchandise. We contractually prohibit our users from designing or selling merchandise that infringes the intellectual property rights of third parties (including without limitation copyright, trademark, and related rights). If you believe that a user of the Emonstyle service has infringed your intellectual property rights, we encourage you to contact us using the procedure outlined below.

At Emonstyle, we are committed to upholding and respecting the intellectual property rights of others. As part of our compliance with the Digital Millennium Copyright Act (DMCA), we have established this policy to address copyright infringement claims and protect the rights of copyright holders.

1. Reporting Copyright Infringement

It is Emonstyle policy 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 following receipt of a compliant notice; and (2) remove and discontinue service to repeat infringers.

If you believe that Content residing on or accessible through the Emonstyle Service constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send a notice of infringement containing the following information to the Designated Agent listed below:

    • If you believe that your copyrighted work has been infringed upon on our website, please promptly notify us by sending a detailed written notice to our designated DMCA agent. Your notice should include:
      • Identification of the copyrighted work(s) that have been infringed.
      • Sufficient information to locate the allegedly infringing material on our website, such as specific URLs or descriptions.
      • Your contact information, including your name, address, telephone number, and email address.
      • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
      • A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
    • Please send your copyright infringement notice to our designated DMCA agent at the following address:
      • [DMCA Agent Name]
      • [DMCA Agent Address]
      • [DMCA Agent Email]

2. Investigation and Removal

    • Upon receipt of a valid copyright infringement notice, we will promptly investigate the claim and take appropriate action, which may include:
      • Removing or disabling access to the allegedly infringing material.
      • Notifying the user who posted the material and providing them with an opportunity to submit a counter-notification.
    • We reserve the right to determine the appropriate course of action in accordance with the DMCA and other applicable laws.

3. Counter-Notification

    • If you believe that the content removed or disabled as a result of a copyright infringement notice is not infringing or that you have the necessary rights to use the material, you may send a counter-notification to our designated DMCA agent.
    • Your counter-notification should include:
      • Identification of the specific material that has been removed or disabled.
      • Your contact information, including your name, address, telephone number, and email address.
      • A statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
      • A statement by you 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 Emonstyle is located, and that you will accept service of process from the person who provided notification of the alleged infringement
      • A statement that you will accept service of process from the person who provided the original copyright infringement notice or an agent of such person.
    • Please send your counter-notification to our designated DMCA agent at the address provided above.

If a counter-notice is received by the Designated Agent, Emonstyle may send a copy of the counter-notice to the original complaining party informing that party that Emonstyle may replace the removed Content or cease disabling it in 10 business days. 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, at Emonstyle discretion.

If you have any questions or concerns regarding our DMCA policy or need to submit a copyright infringement notice, please contact our designated DMCA agent at the address provided above. Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be subject to liability for damages, including attorney’s fees.

4. Repeat Infringers

    • We have a zero-tolerance policy towards repeat copyright infringers.
    • If a user is found to be a repeat infringer, we may take appropriate actions, including but not limited to account suspension or termination.

5. Disclaimer

    • While we make efforts to promptly respond to and address copyright infringement claims, we cannot be held responsible for disputes between copyright holders and individuals who have used copyrighted content without authorization on our website.
    • Our actions in response to copyright infringement claims are in accordance with the DMCA and do not constitute an endorsement or validation of the claims made by the copyright holders.

Thank you for your cooperation in helping us protect intellectual property rights.