Report An Intellectual Property Infringement
***This replaces the existing “Disputes of Copyright” section
ShineOn has a policy of removing user or Affiliate submissions that violate copyright, trademark, or other intellectual property laws; suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law; and/or terminating in appropriate circumstances the account (if any) of any user of Affiliate who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the law.
ShineOn has adopted this policy in accordance with general United States intellectual property laws and the Digital Millennium Copyright Act (the “DMCA” - which can be reviewed here [https://www.copyright.gov/legislation/dmca.pdf]). ShineOn will respond to notices in the form provided below from jurisdictions other than the United States as well. Note that ShineOn will terminate rights of Affiliates, subscribers, and account holders in appropriate circumstances if they are determined to be repeat infringers or if they file false or frivolous claims against another Affiliate, subscriber, or account holder.
ShineOn provides an internet-based service which allows users of the service to contribute content, including photos, towards the design and purchase of customized merchandise. Both our users and Affiliates are contractually prohibited from using the ShineOn service in a manner that infringes the intellectual property rights of others.
Because we respect the intellectual property (IP) rights of others, and do NOT welcome infringing content, we have set up a process for IP rights owners or their agents to report good faith claims of IP infringement, including copyright, trademark and other IP claims.
We encourage you to contact us if you believe that an Affiliate or user of our service has infringed your rights. Note that to make a claim of IP infringement, you will be required to make a declaration, under penalty of perjury, that the information contained in your claim is correct and that you are the IP rights owner or an agent of the rights owner. If the information you submit is not accurate or complete, we may be unable to process or respond to your request. If you have questions about what IP infringement is, or whether your rights were infringed, please seek legal advice before making a claim of IP infringement.
While we respect valid IP rights and will remove infringing content, you must not seek the removal of anyone else’s content unless you have a good-faith belief that such content actually infringes your valid IP rights. In this regard, please be aware that such things as concepts, ideas, and common phrases are generally not protectable IP and may be used by any number of other Affiliates and users.
We promptly evaluate all claims of infringement, and terminate the accounts of repeat infringers. We will also terminate the accounts of any user who files repeated claims without legal basis against another user. Under the U.S. Copyright Act, you may be liable for damages suffered by another if you make any material misrepresentations that result in the removal of someone else’s content from our site.
If you believe that a user of our service has infringed your intellectual property rights, please notify our Intellectual Property Rights Agent as set forth below and include all of the following in the notification:
- A physical or electronic signature, and a statement that you are authorized to act on behalf of the owner of the copyright or other rights that have been allegedly infringed;
- Identification of the copyright, trademark or other rights that have been allegedly infringed;
- The URL used in connection with the allegedly infringing image (Note: Simply including www.shineon.com is not sufficient identification);
- Your name, address, telephone number and e-mail address;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury.
Notices of infringement should be sent by e-mail or U.S. postal service to:
ShineOn Legal Department
5035 Ulmerton Rd. Clearwater, FL 33701
By sending us a notice of infringement, 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 we may ignore incomplete or inaccurate notices without liability of any kind.
Prior to sending any notices to Shopify, please send all notices of infringement to us at the contact information listed above so that we may review and attempt to resolve your claims.
NOTE TO AFFILIATES: If you received a notification from us that you believe was submitted in error, you may submit a counter notice to request that your item be republished. The counter notice must contain all of the following information: 1) Contact Information – include name, e-mail address, physical address and telephone number; 2) URL or other identifying information of material to be republished; 3) A statement under penalty of perjury that you have a good faith belief that the material described in the notice is the result of mistake or misidentification of the material to be removed or disabled; 4) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located and will accept service of process from the person who provided the DMCA notification or an agent of such person; and 5) A physical or electronic signature. Counter notices should be sent to the following email address: email@example.com.