Policy on Copyright Concerns

 

Enforcement Date: August 15, 2012
AwesomeGiftStore LLC COPYRIGHT CONCERNS POLICY

Following DMCA guidelines, we have implemented the following approach regarding copyright violations. We maintain the authority to (1) restrict access to or eliminate content that we sincerely believe to be copyrighted materials unlawfully replicated and disseminated by any of our advertisers, partners, content suppliers, members, or users and (2) discontinue service to repeated violators.

Note that utilizing AwesomeGiftStore services is always subject to the Terms of Use, which includes this Copyright Concerns Policy. Terms not defined in this document take on the meanings assigned in the Terms of Use.

(1) Procedure for Reporting Copyright Violations. If it’s suspected that materials or content existing on or accessible via our Services violate your copyright (or the copyright of someone you are authorized to represent), please report a copyright violation containing the following data to AwesomeGiftStore Designated Agent for Receiving Notification of Alleged Violations (our “Designated Agent”—contact details listed below):

(a) A physical or electronic autograph of a person authorized to act on behalf of the copyright owner believed to have been violated;

(b) Information on works or materials that are being violated;

(c) Details on the content claimed to infringe, including data about the location of the infringing content that the copyright owner desires to have removed, detailed sufficiently for AwesomeGiftStore to locate and confirm its presence;

(d) Notifying party’s contact information, including address, phone number, and, if available, email address;

(e) An assertion that the notifying party has a sincere belief that the content described in (1)(c) isn’t authorized by the owner, agent, or law; and

(f) A declaration under penalty of perjury that the provided information is accurate and the notifier is qualified to make the complaint on behalf of the copyright owner.

(2) Following Receipt of Bona Fide Infringement Notification by the Designated Agent. Once we receive a proper infringement notification, we hold the right to:

(a) remove or deactivate access to the infringing content;

(b) inform the content provider implicated in the infringement that the relevant material’s access has been removed or disabled; and

(c) terminate the content provider’s access to the Services if they are persistent infringers.

(3) Process to Provide a Counter-Notice to the Designated Agent. Should the content provider believe that the removed content (or to which access was disabled) doesn’t infringe, or the content provider asserts the right to post and use such content from the copyright owner, the copyright owner’s agent, or in compliance with the law, a counter-notice containing the following information may be sent to the Designated Agent:

(a) A physical or electronic autograph of the content provider;

(b) Details on the material removed or to which access was disabled and the site at which the content appeared prior to removal or disabling;

(c) A statement affirming the content provider’s sincere belief that the material was removed or disabled due to a mistake or incorrect identification of the content; and

(d) The name, address, phone number of the content provider, and, if available, email address, plus a statement consenting to the jurisdiction of the Federal Court for the judicial district in the content provider’s address location, or, if the address is outside the U.S., for any judicial district where AwesomeGiftStore is located, and acceptance of service process from the notifying party.

If a counter-notice is received by the Designated Agent, AwesomeGiftStore may opt to forward a copy to the original complainant, indicating that AwesomeGiftStore might restore the removed content or cease its disabling in 10 business days. Absent an action from the copyright owner seeking a court order against the content provider accused of infringement, the content might be reinstated or access restored in 10 to 14 business days or more after receipt of the counter-notice, at AwesomeGiftStore discretion.

Contact AwesomeGiftStore Designated Agent at the following address:

Legal Department

Address: 613 East Pike Street Seattle, WA 98122
Email: [email protected]

Phone: 206-623-5339