Intellectual Property Dispute Policy
Effective date: August 28, 2020
In accordance with the DMCA, we’ve adopted the policy below toward intellectual property infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted and trademarked material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Our images are sourced from different places such as paid artists, artwork we create in-house, public image libraries, and purchased commercially from third party digital vendors. If your artwork has been sold illegally or used without the proper licensing please contact us immediately through any means possible but preferably through the method outlined below.
Remember that your use of OrnamentallyYou is at all times subject to the Terms of Service, which incorporates this Intellectual Property Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.
- Procedure for Reporting Intellectual Property Infringements. If you believe that material or content residing on or accessible through the Services infringes your intellectual property (or the intellectual property of someone whom you are authorized to act on behalf of), please send a notice of intellectual property infringement containing the following information to OrnamentallyYou Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the intellectual property owner seeks to have removed, with sufficient detail so that OrnamentallyYou is capable of finding and verifying its existence;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the intellectual property owner, its agent, or the law;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property owner.
- Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent. Upon receipt of a proper notice of intellectual property infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider’s access to the Services if he or she is a repeat offender.
- Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the intellectual property owner, the intellectual property owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- 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 disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which OrnamentallyYou is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, OrnamentallyYou may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Inspire Cotton 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 the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at OrnamentallyYou discretion.
Do you feel that your work has been used illegally?
We are a small business that is either reselling designs, or buying product designs that we use when we produce, market, and sell our products. Our assumption is that our vendors sell us these designs in good faith. Nevertheless, we take this matter very serious and if we suspect that we are not allowed to use such designs, then we take action to remove the product immediately. If we are contacted by an IP Holder, we remove the product(s) immediately without the presumption of wrongdoing by the vendor that sold it to us.
Please contact OrnamentallyYou customer service by any means possible, preferably at the following address: