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Platsify.com contractually prohibits users from using its services to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress, and right of publicity).

Intellectual Property Complaint Policy

Platsify.com provides users with a platform to sell their own merchandise. Users contractually agree to all terms prior to use of Platsify.com services. Platsify.com contractually prohibits users from using its services to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress, and right of publicity).

It is Platsify.com policy to block and remove any content that it believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice; and to terminate service for repeated infringement.

If you believe that your intellectual property rights have been infringed upon by a Platsify.com user, please notify Platsify.com at [email protected]. You must include within your notification the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed
  • The URL to the Platsify.com campaign(s) used in connection with the sale of the allegedly infringing merchandise.
  • Identification of the copyright, trademark, or other rights that allegedly have been infringed, including proof of ownership (such as copies of existing trademark or copyright registrations).
  • Your full name, address, telephone number(s), and email address(es).
  • A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law.
  • A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the intellectual property or other right that is allegedly infringed.

Counter-Notice Policy

If you believe that a claim of intellectual property infringement was filed by mistake or misidentification you may file a counter-notice. If you materially misrepresent in your counter-notice that your design is not infringing upon the intellectual property, you may be liable for damages to the intellectual property owner (including costs and attorney’s fees). Therefore, if you are unsure whether or not the material infringes on the intellectual property, please contact an attorney before filing the counter-notice. The counter-notice should be submitted to [email protected] and must include the following information:

Your physical or electronic signature;

Your full name, address, telephone number(s), and email address(es);

Identification of the material and its location before it was removed, either by URL to the Platsify.com campaign(s) used in connection with the sale of the allegedly infringing merchandise or Platsify.com campaign number;

A statement under penalty of perjury that the claim of intellectual property infringement that led to the removal or blockage of access to material was filed by mistake or misidentification;

Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.);

Your consent to accept service of process from the party who submitted the takedown notice or an agent of that party.

If you submit a counter-notice, a copy of the counter-notice may be sent to the complaining party informing the complaining party that Platsify.com may replace the removed material or cease disabling it in 10 business days. Unless the intellectual property owner files an action seeking a court order against you, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.

Repeat Inteleectual Property Complaint Policy

If Platsify.com receives repeated notices that you have posted others’ intellectual property without permission, Platsify.com may terminate your account. Platsify.com has a system for keeping track of repeat violators of intellectual property rights of others, and determining when to suspend or terminate your account.

 

DMCA

Platsify has adopted the following general policy towards the infringement of copyright and other intellectual property in accordance with general United States intellectual property laws and the Digital Millennium Copyright Act (the “DMCA” - which can be reviewed here ). Platsify will respond to notices in the form provided below from jurisdictions other than the United States as well. Answers to our frequently asked legal questions can be found here

Please contact Platsify’s Legal Department via email at [email protected] (preferred method of contact) for any and all Notice and Counter Notice of claims of copyright or other intellectual property infringement. Platsify can also be contacted via mail at the following address: 2nd Floor, Hong Kong Tower, 243A S. La Thanh, Lang Thuong, Dong Da, Hanoi 100000, Vietnam, Attn: Legal Department. Platsify’s Legal Department is the designated agent to receive notifications of alleged intellectual property infringements on the Website.

Note that Platsify will terminate rights of subscribers and account holders in appropriate circumstances if they are determined to be repeat infringers.

A. Reporting Infringements

Platsify respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide [email protected] the following information in writing pursuant to the DMCA (Please review these requirements with your legal counsel and see Section 512(c)(3) of the Copyright Act) (the "Notice"):

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a specific description of the copyrighted work or other intellectual property that you claim to be infringing (if you believe that multiple works or intellectual property have been infringed at the same location, please provide a list with a specific description of all such works or other intellectual property);

(c) a specific description of where the material that you claim to be infringing is located in the Platsify sufficient to permit Platsify to locate the material;

(d) your address, telephone number and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and

(f) a statement by you that the information in your Notice is accurate and a statement made under penalty of perjury that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Once a proper bona fide infringement notification is received by Platsify’s Legal Department (the designated agent for DMCA purposes), Platsify may remove or disable access to the material infringing upon the intellectual property. When removing or disabling access to such material, Platsify will make reasonable attempts to inform the allegedly infringing user of the removal, the reason for the removal, and may provide the user with a copy of the notice and the notifying party’s contact information.

You acknowledge that if you fail to comply with all of the aforementioned Notice requirements in writing, your Notice may not be valid and that Platsify may ignore such incomplete or inaccurate notices without liability of any kind.

Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

B. Responding To Infringements

If you believe that your work has been removed or disabled by mistake or misidentification, please provide [email protected] with the following information in writing pursuant to the DMCA (Please review these requirements with your legal counsel and see Section 512(g)(3) of the Copyright Act) (the "Counter Notice"):

(a) a physical or electronic signature of the subscriber of the Platsify;

(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(c) a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(d) the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

If a Counter Notice is received by Platsify’s Legal Department (the designated agent), Platsify may send a copy of the Counter Notice to the original complaining party informing such person that Platsify may replace the removed material or cease from disabling it. Unless the copyright or intellectual property owners files an action seeking a court order against the allegedly infringing user in connection with the matter described to Platsify’s Legal Department (the designated agent), the removed material may be replaced (or access to it restored) in approximately 10 business days after receipt of the Counter Notice, in the sole discretion of Platsify’s Legal Department.

Thank you for paying attention to these requirements

Platsify.com reserves the right to terminate accounts that act against the spirit of the Terms of Service, regardless of how many strikes are involved.

If you require further assistance please contact us at [email protected]