Copyright and Intellectual Property Policy
Giftopolis, Inc. ("Giftopolis") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf) and the Canadian Copyright Act (R.S.C., 1985, c. C-42) http://laws-lois.justice.gc.ca/eng/acts/C-42/
Giftopolis will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Giftopolis's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
Giftopolis may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Giftopolis removes or disables access in response to such a notice, Giftopolis will make a good-faith attempt to contact the allegedly infringing party ("Member") so that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Giftopolis.
If you believe that material residing on or accessible through the Giftopolis web site or service infringes a copyright or other intellectual property right, to provide Giftopolis of notice of such infringement, you may send a notice of infringement to the Designated Agent listed below (preferably via email to legal@Giftopolis.com). Please specify the type of infringement at issue and the notice must include the following information:
When removing material from the site, Giftopolis will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information.
B. Removal of Allegedly Infringing Material
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, Giftopolis may remove or disable access to the material infringing upon the intellectual property. If Giftopolis removes or disables access to content in response to an infringement notice, Giftopolis will make reasonable attempts to notify the Member that Giftopolis has removed or disabled access to the material. Repeat offenders will have all material removed from the system and Giftopolis will terminate such Members’ access to the service.
C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Giftopolis.
If a Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, you may send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below.
If a counter-notice is received by the Designated Agent, Giftopolis may send a copy of the counter-notice to the original complaining party informing that person that Giftopolis may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Giftopolis’s discretion.
Please contact Giftopolis’s Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices by email: legal@Giftopolis.com (preferred), or at the following address:
Designated Agent to Receive Notification of Claimed Infringement: