XXCosplay provides an online platform that enables its users to design and sell their own costumes and other merchandise. We strictly prohibit our users from designing or selling merchandise that infringes upon the intellectual property rights of third parties, including but not limited to copyright, trademark, and related rights. If you believe that a user of the XXCosplay service has infringed upon your intellectual property rights, we encourage you to contact us using the procedure outlined below.
A. PROCEDURE FOR REPORTING INTELLECTUAL PROPERTY INFRINGEMENT:
It is XXCosplay’s policy to (1) block access to or remove any content (including text, graphics, and photos) (collectively referred to as “Content”) that we believe in good faith to be infringing upon the intellectual property rights of third parties upon receipt of a valid notice; and (2) terminate the service for repeat infringers.
If you believe that Content residing on or accessible through the XXCosplay Service constitutes copyright infringement or any other violation of your intellectual property rights, please send a notice of infringement containing the following information to the Designated Agent listed below:
1. Identification of the copyrighted work or other intellectual property that you claim has been infringed upon or through the XXCosplay Service, including any applicable registration number(s) for such material.
2. Identification of the specific Content that you claim has infringed upon the identified copyrighted work or other intellectual property, including (a) a description of how the material is using the copyrighted work or other intellectual property in a way that constitutes infringement, and (b) a description of the location of the material within the XXCosplay Service with sufficient detail for verification.
3. Your contact information, including your full name, mailing address, telephone number, and email address.
4. A statement by you that you have a good faith belief 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. 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.
6. An electronic or physical signature of the person authorized to act on behalf of the rights holder.
B. ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT:
It is XXCosplay’s policy to:
1. Remove or disable access to the allegedly infringing Content.
2. Notify the member whose Content has been removed or disabled.
3. Terminate the access to the Service for repeat offenders who have their allegedly infringing Content removed.
C. PROCEDURE TO SUBMIT A COUNTER-NOTICE TO THE DESIGNATED AGENT:
If the notified member believes that the Content that was removed or disabled is either not infringing or that they have the right to post and use such Content from the rights owner, the owner’s agent, or pursuant to the law (including fair use), the notified member must send a counter-notice containing the following information to the Designated Agent listed below:
1. Identification of the Content that has been removed or disabled, including a description of where the material appeared on the XXCosplay Service before it was removed or disabled.
2. 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 of the Content in question.
3. Your contact information, including your full name, mailing address, telephone number, and email address.
4. A statement by you 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 USA, for the judicial district in which XXCosplay 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 the Designated Agent, XXCosplay may send a copy of the counter-notice to the original complaining party, informing them that XXCosplay may replace the removed Content or cease disabling it within 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 within 10 to 14 business days or more after receipt of the counter-notice, at XXCosplay’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.
To file complaints, please contact us via the following email address: [email protected]