DMCA

Mygotees is an online platform that allows people to create and sell their own T-shirts and other items. We contractually restrict our users from developing or selling products that violates third-party intellectual property rights (including without limitation copyright, trademark, and related rights). If you suspect that a Mygotees service user has violated your intellectual property rights, please inform us via the process indicated below.

A. Reporting Intellectual Property Infringement Procedure:

It is Mygotees’ policy to (1) prevent access to or remove any content (including, but not limited to, text, graphics, and pictures) (collectively “Content”) that is reasonably suspected to infringe third-party intellectual property rights. when the necessary notification is received; and (2) disconnecting and cancelling service for repeat offenders.

If you feel that any Content on or accessible through the Mygotees Service is infringing on your intellectual property rights, please write an infringement notification with the following information to the Designated Agent indicated below:

  1. Identification of the copyrighted work or other intellectual property that you allege was infringed on or via the Mygotees Service, including the material’s registration number if applicable;
  2. Identification of the Content that you claim infringes on the identified copyrighted work or other intellectual property, including (a) a description of how the material in question uses the copyrighted work or other intellectual property in a way that constitutes an infringement, and (b) a description of where the material in question resides on or on the Mygotees Service, with sufficient detail to allow us to verify the material’s existence on the Mygotees Service.
  3. Your contact information, which should include your complete name, postal address, phone number, and email address;
  4. Your statement that you have a good faith belief that the disputed use of the copyrighted work or other intellectual property is not authorized by the copyright holder, its agent, or the law;
  5. Your statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or authorized to act on the rights holder’s behalf; and
  6. Your electronic or physical signature.

B. After proper notification of infringement is received by the designated agent:

Mygotees’ policy is as follows:

  1. To delete or disable access to the purportedly infringing Content;
  2. To notify the member whose Content has been withdrawn or blocked; and
  3. That repeat offenders will have the allegedly infringing Content removed from the Service and Mygotees’ membership to the Service terminated.

C. Procedure for providing counter-notice to the designated agent:

If the notified-member believes that the Content that was removed or access to which was disabled is not infringing, or the member believes that he or she has the right to post and use such Content from the rights owner, the owner’s agent, or under the law (including as a fair use), the notified-member must send a counter-notice containing the following information to the Designated Agent listed below:

  1. Identification of the deleted or disabled Content, including a description of where the item was on the Mygotees Service before it was removed or disabled;
  2. A statement made under penalty of perjury by you that you have a good faith belief that the Content was deleted or banned due to an error or misidentification of the Content in issue;
  3. Your contact information, which should include your complete name, mailing address, phone number, and email address.
  4. Your statement 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 the United States, for the judicial district in which Mygotees is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
  5. Your electronic or physical signature.

If the Designated Agent receives a counter-notice, Mygotees may send a copy to the original complaining party, alerting that party that Mygotees may restore the deleted Content or cease blocking it in 10 business days. Unless the rights owner pursues an action seeking a court order against the member, Mygotees may replace or restore access to the withdrawn Content in 10 to 14 business days or more following receipt of the counter-notice.

Please keep in mind that under Section 512(f) of the DMCA, anyone who willfully misrepresents that Content or behavior is infringing may face legal consequences, including attorney’s fees.