Superhyp is an online platform that enables users to create and market their own T-shirts and other products. We contractually forbid our users from creating or offering for sale products that violate the intellectual property rights of others (including without limitation copyright, trademark, and related rights). We invite you to get in touch with us via the procedure indicated below if you think a Macallcloth user has violated your intellectual property rights.
A. How to file a complaint against intellectual property infringement:
Following receipt of a compliant notice, it is Superhyp policy to (1) block access to or remove any content (including, without limitation, text, graphics, and photos) that it believes in good faith to violate the intellectual property rights of third parties; and (2) remove and stop providing service to repeat infringers.
Please send a notification of infringement with the following details to the Designated Agent indicated below if you think that any of the Content on or accessible through the Superhyp Service infringes on your copyright or otherwise violates your intellectual property rights.
- A description of the allegedly infringing copyrighted work or other intellectual property that you believe was made available on or through the Superhyp Service, along with, if applicable, the registration number(s);
- Identification of the Content that you claim violates the named copyrighted work or other intellectual property, including (a) a description of how the content in question violates the copyrighted work or other intellectual property, and (b) a description of the location of the content in question on or in the Superhyp Service, with enough information for us to confirm the content’s existence within the MUR.
- Contact details such as your full name, postal address, phone number, and email address;
- A declaration from you stating that you sincerely believe the disputed use of a work protected by a copyright or another piece of intellectual property is not permitted by the copyright holder, its agents, or the law;
- A declaration from you, made under oath, that the information in your notice is true and accurate and that you are the rights holder or have the power to act on your behalf; 6. The electronic or written signature of the person with that authority.
B. Following receipt by the designated agent of an accurate and genuine infringement notification:
Superhyp policy states:
- That repeat offenders will have the allegedly infringing Content removed from the Service and that Superhyp will terminate such member’s access to the Service. 1. To remove or disable access to the allegedly infringing Content. 2. To notify the member whose Content has been removed or disabled. 3.
C. How to send a counter-notice to the designated agent: If the member who was notified believes that the content that was removed or to which access was disabled is either not infringing, or the member believes that he or she has the right to post and use such content from the rights owner, the owner’s agent, or in accordance with the law (including as a fair use), the member must send a counter-notice containing the following information to the designated agent liste.
- A listing of the Content that has been deleted or disabled, along with information on where the offending material was located on the Superhyp Service prior to removal or disablement;
- A declaration from you, made under penalty of perjury, stating that you have a good faith conviction that the removal or blocking of the Content was brought about by an error or mistaken identification of the relevant Content;
- A list of all of your contact details, including your full name, postal address, phone number, and email address;
- A declaration from you stating that you will accept service of process from the party who provided notification of the alleged infringement and that you consent 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 United States, for the judicial district in which Superhyp is located; 5. Your digital or written signature.
If the Designated Agent receives a counter-notice, Superhyp may send a copy of the counter-notice to the person who first filed the complaint, reminding them that Superhyphas 10 business days to reinstall the removed content or stop disabling it. The withdrawn Content may be returned, or access to it may be restored, in 10 to 14 business days or more following receipt of the counter-notice, at Superhyp discretion, unless the rights owner launches an action seeking a court order against the member.
Please be aware that anybody who willfully misrepresents that Content or behavior is infringing may be liable for damages, including attorney’s fees, under Section 512(f) of the DMCA.