Intellectual Property Rights Policy

MyUtopiaShoutOut.com provides an internet-based platform that allows its users to design and sell their own custom shoes, bedding and other merchandise. Our users are prohibited from designing or selling merchandise that infringes the intellectual property rights of third parties (including without limitation copyright, trademark, and related rights).

We take infringement seriously and we count on you to stay alert. If you believe that a user of the MyUtopiaShoutOut.com service has infringed your intellectual property rights, we strongly advise you to take immediate action. Contact us as soon as possible using the procedure outlined below.

PROCEDURE FOR REPORTING INTELLECTUAL PROPERTY INFRINGEMENT:

It is our policy to:

  1. block access to or remove any content (including, without limitation, text, graphics, and photos) (collectively, "Content") that we believe in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice;
  2. remove and discontinue service to users who repeat infringement.

If you believe that Content published on or accessible through our Service constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send a notice of infringement containing the following information via this page:

  1. Identification of the copyrighted work or other intellectual property that you claim has been infringed on or through the shoedemo.com Service, including the registration number(s) for any such material if applicable;
  2. Identification of the Content that you claim has infringed on the identified copyrighted work or other intellectual property, including:
    1. a description stating how the material in question is using the copyrighted work or other intellectual property in a manner that constitutes infringement,
    2. a description of where the material in question is located on or in the shoedemo.com Service, containing sufficient detail that may allow us to verify the existence of the material within the shoedemo.com Service;
  3. Your contact information, including your full name, mailing address, telephone number, and email address;
  4. An affidavit signed by you that you believe in good faith that the disputed use of the copyrighted work or other intellectual property is not authorized by the copyright holder, its agents, or the law;
  5. An affidavit signed by you, made under penalty of perjury, stating that the information provided in your notice is accurate and that you hold the rights or are authorized to act on behalf of the rights holder;
  6. An electronic or physical signature of the person authorized to act on behalf of the rights holder.

ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED:

It is MyUtopiaShoutOut.com policy:

  1. to remove or disable access to the allegedly-infringing Content;
  2. to notify the member whose Content has been removed or disabled (there are exceptions to this policy);
  3. to have the allegedly-infringing Content uploaded by repeat offenders removed from the Service;
  4. to terminate such member's access to the Service.

PROCEDURE TO SUPPLY A COUNTER-NOTICE:

If the notified-member 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 pursuant to the law (including as a fair use), the notified-member must send us a counter-notice containing the following information:

  1. Identification of the Content that has been removed or disabled, including a description of the where the material in question appeared on the shoedemo.com Service before it was removed or disabled;
  2. An affidavit signed 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 of the Content in question;
  3. Your contact information, including full name, mailing address, telephone number, and email address;
  4. An affidavit signed by you confirming your 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 USA, for the judicial district in which MyUtopiaShoutOut.com is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
  5. Your electronic or physical signature.

If a counter-notice is received by MyUtopiaShoutOut.com, we may send a copy of the counter-notice to the original complaining party informing that party that MyUtopiaShoutOut.com may replace the removed Content or cease disabling it in 10 business days. Unless the rights owner lodges 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 our discretion.

Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be subject to liability for damages, including attorney's fees.

You can lodge complaints through the link below: