- Procedure for Reporting Infringements of Copyright (DMCA Notice)
“PIQART” has a zero-tolerance policy for infringement of copyrights and other intellectual property rights. If you believe in good faith that any Content or Artworks made available through the “PIQART” Services infringes upon your intellectual property rights, you may submit a notice of claimed infringement to us (a “NOCI“) by providing the following information in writing to us:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property rights that has been allegedly infringed;
- Identification of the works claimed to have been infringed, or if this is a single notification of a copyright infringement claim covering multiple copyrighted works on the Site, as permitted under the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”), a representative list of such works on the Site;
- Identification of the Content or Artwork that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit “PIQART” to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
- A statement that the complaining party has a good faith belief that the use of the Content or Art Work is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and
- A statement made under penalty of perjury that the information in the NOCI is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the above notice requirements of this Section, your NOCI may not be valid.
When a complete and proper NOCI is received by the Designated Agent, it is “PIQART”’s policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include without limitation: (1) removing or disabling access to the Content, ArtWork or other material identified in the NOCI; (2) notifying the applicable “PIQART” user that we have removed or disabled access to such material; (3) cancelling orders for ArtWorks that include the Content identified in the NOCI; or (4) terminating such “PIQART” user’s account.
Only notices of suspected intellectual property rights infringement should be sent to us. For all other requests for technical support, feedback, comments, and other communications, please contact support
- Procedure to Supply a DMCA Counter-Notice
If you, as the “PIQART” user, believe that the Content or Artwork that was removed or to which access was disabled or for which orders were canceled is not infringing, or if you believe you have obtained all required rights from their owners, the owners’ agent, or pursuant to the law, you may send a counter-notice containing the following information to us or our Designated Agent:
- your physical or electronic signature;
- Identification of the Content or Artwork that has been removed or to which access has been disabled and the location at which the Content, Art Work or other material appeared before it was removed or access to it was disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the Content or Art Work was removed or disabled as a result of mistake or a misidentification of the Content or Art Work to be removed or disabled; and
- your name, address, telephone number, e-mail address and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which “PIQART” may be found, and that you will accept service of process from the person who provided the NOCI to “PIQART” or such person’s agent.
If a counter-notice is received by the Designated Agent, “PIQART” may send a copy of the counter-notice to the original complaining party informing the complaining party that “PIQART” may replace the removed Content or Art Work, cease disabling it and/or reinstate cancelled orders in 10 business days following receipt of the counter-notice unless the complaining party notifies the Designated Agent that it has filed an action seeking a court order to restrain the “PIQART” user from engaging in infringing activity relating to the Content or Artwork that was the subject of the NOCI.