GETSCENTS.COM INTELLECTUAL PROPERTY POLICYUpdated April 19, 2016
GetScents.com respects the intellectual property of others, and we ask our members and users to do the same. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how GetScents.com members can respond when their listings or shops are affected by a notice. GetScents.com may, in appropriate circumstances and at its discretion, cancel listings and/or terminate the accounts of members or users who may be infringing the intellectual property rights of others.
If an item or listing infringes on your intellectual property rights, please submit the following information to our designated agent (as identified below).
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the intellectual property right claimed to have been infringed, or if multiple intellectual property violations at a single online site are covered by a single notification, a list of such intellectual property violations at that site;
- Identification of the material 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, and information reasonably sufficient to permit GetScents.com to locate the material;
- Information reasonably sufficient to permit GetScents.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
After GetScents.com notifies a member that it has removed or disabled access to the member’s listing because it contains material that allegedly infringes a third party’s intellectual property rights, the member may give GetScents.com a statutory counter-notification pursuant to the DMCA in an effort to have the material in question restored. Any counter-notifications must be given in writing by email or regular mail to the addresses set forth below and must contain the following elements:
- Your physical or electronic signature;
- A description of the item that was taken down;
- The item number or URL of the item before it was taken down;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the item to be removed or disabled;
- Your name, address and telephone number;
- A statement that you consent to the jurisdiction of the federal district court where your address is located (or if you reside outside the United States, that you consent to jurisdiction in U.S. District Court for the Western District of New York), and that you will accept service of process from the person who provided notification under 17 U.S.C. Section 512 (c)(1)(C), or other applicable statute, or an agent of such person.
If GetScents.com receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the intellectual property owner files an action seeking a court order against the allegedly infringing party and informs GetScents.com of this action. GetScents.com sends a copy of the counter notice to the original complaining party.
Note that you may be found liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity does not infringe the intellectual property rights of others. If you are unsure whether certain material may infringe another’s intellectual property rights, we recommend that you first discuss this issue with legal counsel.
GetScents.com terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at GetScents.com’s discretion. Please contact GetScents.com’s Designated Agent to Receive Notification at the following address:
Attn: Intellectual Property Management Division.
1233 Wiley Rd.
Savannah, NY 13146
email to: firstname.lastname@example.org
GetScents.com adopted this intellectual property policy in accordance with industry best practices, general U.S. intellectual property laws, and the Digital Millennium Copyright Act.