DMCA
Nowateeca provides an online platform that allows users to design and sell their T-shirts and merchandise.
We strictly prohibit users from creating or selling merchandise that violates the intellectual property rights of others, including but not limited to copyright, trademark, and related rights.
If you believe a user has infringed upon your intellectual property rights on Nowateeca, please follow the procedure outlined below.
A. Reporting Intellectual Property Infringement:
(1) Nowateeca will, in good faith, block access to or remove any content (“Content”) that is believed to infringe on third-party intellectual property rights upon receiving a compliant notice.
(2) Repeat offenders will have their service terminated. If you believe that Content on the Nowateeca Service infringes your copyright or violates your intellectual property rights, please send a notice of infringement with the following details to the Designated Agent listed below:
- Identification of the copyrighted work or other intellectual property that has been infringed on or through the Nowateeca Service, including registration numbers if applicable.
- Identification of the Content that has infringed on the identified copyrighted work or other intellectual property, including:
(a) A description of how the material in question is using the copyrighted work or other intellectual property in a way that constitutes infringement;
(b) A description of where the material in question is located on the Nowateeca Service, with sufficient detail for verification. - Your contact information, including your full name, mailing address, phone number, and email address.
- A statement by you, made under penalty of perjury, that the disputed use of the copyrighted work or other intellectual property is not authorized by the copyright holder, its agents, or the law.
- A statement by you, 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 behalf of the rights holder.
- An electronic or physical signature of the person authorized to act on behalf of the rights holder.
B. Upon receiving a proper infringement notification by the designated agent:
- Nowateeca will remove or disable access to the allegedly infringing Content.
- The member whose Content has been removed or disabled will be notified.
- Repeat offenders will have the allegedly infringing Content removed from the Service, and Nowateeca will terminate such member’s access to the Service.
C. Procedure to submit a counter-notice to the designated agent:
If the notified member believes that the Content removed or disabled is not infringing or the member has the right to post and use such Content, the notified member must send a counter-notice with the following information to the Designated Agent listed below:
- Identification of the Content that has been removed or disabled, including a description of where the material in question appeared on the Nowateeca Service before removal.
- A statement by you, made under penalty of perjury, that you have a good faith belief that the Content was removed or blocked as a result of a mistake or misidentification.
- Your contact information, including your full name, mailing address, phone number, and email address.
- A statement by you consenting to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which Nowateeca is located.
- Your electronic or physical signature. If a counter-notice is received, Nowateeca may send a copy to the original complaining party, informing them that Nowateeca may replace the removed Content or cease disabling it in 10 business days. Unless the rights owner files an action seeking a court order against the member, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Nowateeca’s discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be held liable for damages, including attorney’s fees.