DMCA
Harmozy operates an online platform enabling users to create and sell their own merchandise.
We expressly forbid users from designing or selling merchandise that infringes upon the intellectual property rights of third parties, encompassing but not limited to copyright, trademark, and related rights.
If you suspect a user has violated your intellectual property rights on Harmozy, please follow the procedure outlined below.
A. Reporting Intellectual Property Infringement:
(1) Harmozy will, in good faith, block access to or remove any content (“Content”) believed to infringe the intellectual property rights of third parties upon receipt of a compliant notice.
(2) Repeat infringers will have their service discontinued. If you believe that Content on the Harmozy Service constitutes copyright infringement or violates your intellectual property rights, please send a notice of infringement containing the following information to the Designated Agent listed below:
- Identification of the copyrighted work or other intellectual property that has been infringed on or through the Harmozy Service, including registration number(s) 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 or in the Harmozy Service, with sufficient detail for verification. - Your contact information, including your full name, mailing address, telephone 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 receipt of a proper infringement notification by the designated agent:
- Harmozy 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 Harmozy will terminate such member’s access to the Service.
C. Procedure to supply 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 containing 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 Harmozy 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 full name, mailing address, telephone 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 Harmozy is located.
- Your electronic or physical signature. If a counter-notice is received, Harmozy may send a copy to the original complaining party, informing them that Harmozy 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 Harmozy’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 subject to liability for damages, including attorney’s fees.