We at Tictail, Inc. (“Tictail,” “we,” “us,” or “our”) have created this infringement policy (this “Infringement Policy”) to explain Tictail’s policies and procedures for monitoring, reporting, removing User Content from the Website or Service that infringes a copyright, trademark, patent, or other right (“Infringing Content”). You’re bound to the Infringement Policy, too: it’s part of the Agreement, and by using the Service you agree that you have read it, that you understand it, and that you will comply with it.
If you see any capitalized terms that aren’t defined in this Infringement Policy, they’ll have the meaning we give them elsewhere in the Agreement.
The Infringement Policy involves the following requirements, which must be met for a complaint of infringing content or a takedown request to be regarded as a complete and valid request for the removal of the content (“Removal Request”). If you are a United States copyright holder, you must comply with the procedure outlined below under “Reporting Infringement for U.S. Copyright Holders.”
Contact method: All Removal Requests directed to Tictail must be sent to its designated channel: email@example.com. All requests sent through other channels or addresses will not be considered a Removal Request.
Proof of Authority: All Removal Requests must be made by the actual rightsholder, their officially designated representative, or an official law enforcement or government agency acting within their jurisdiction. Removal Requests must include registration documentation for the relevant copyrights or trademarks, if applicable. If acting on behalf of the rightsholder, a valid and signed power of attorney must be included.
Description of Scope: All Removal Requests must include a detailed and defined scope of the alleged infringement, including:
a. direct link(s) to the Infringing Content. Specify if you are referring to the a) product or b) its description (or photo) or both a) and b); and
b. a description of the nature of the infringement (e.g., copyright, trademark or patent) for each product or description.
Statement of good faith and veracity: Tictail requires confirmation from the rightsholder or its agents that they are acting in good faith, and that - under penalty of perjury - all information provided is truthful and accurate.
Request for confidentiality, or protection of identity. If required, Tictail will adhere to confidentiality protocols requested by law enforcement agencies.
Rightsholders or their agents will be informed of incomplete requests sent to firstname.lastname@example.org. Infringement requests sent to other channels will not receive any reply.
For complete and valid Removal Requests, Tictail applies the following protocol:
Tictail will inform the requesting party that it considers the Removal Request valid and actionable. Tictail will include the timeline it applies to infringing Stores.
Tictail will inform the infringing party and submit all information received by Tictail from the reporting party to the infringing party. Confidentiality may be granted to law enforcement agencies, by explicit request only.
Tictail will remove the Products or User Content subject to the Removal Request by deactivating the associated infringing Store. The Store owner may choose to put the Store back online after rectifying the infringing elements identified in the Removal Request.
If the infringing party is non-compliant after five (5) business days of being informed, the Store will be deleted by Tictail. The requesting party will be notified.
Reporting Infringement for U.S. Copyright Holders
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Tictail will respond expeditiously to claims of copyright infringement committed using the Service that are reported to Tictail’s Designated Copyright Agent through the process outlined below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Tictail’s Designated Copyright Agent. Upon receipt of the Notice as described below, Tictail will take whatever action we deem appropriate in our sole discretion, including removal of the challenged material from the Service.
DMCA Notice Requirements
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Website where the material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Tictail’s Designated Copyright Agent at email@example.com.
DATE: Version in effect from 2015.03.31