Digital Millennium Copyright Act (DMCA)TheFirstLifeStyle offers an online platform enabling our users to design and sell their own t-shirts and other merchandise. We require, through our contractual agreements, that our users avoid designing or selling merchandise that violates third-party intellectual property rights, including but not limited to copyrights, trademarks, and related rights. If you believe that a user of TheFirstLifeStyle service has infringed upon your intellectual property rights, we encourage you to reach out to us following the procedure outlined below.
A. Procedure for Reporting Intellectual Property Infringement:TheFirstLifeStyle has a policy to (1) restrict access to or remove any content (including, without limitation, text, graphics, and photos) (“Content”) that we believe in good faith infringes upon the intellectual property rights of third parties upon receiving a compliant notice; and (2) terminate the services of repeat infringers.
If you believe that Content residing on or accessible through TheFirstLifeStyle service has infringed your copyright, or your intellectual property rights have been otherwise violated, please send a notice of infringement containing the following information to the Designated Agent mentioned below:
- Identification of the copyrighted work or other intellectual property that you claim has been infringed on or through TheFirstLifeStyle Service, including the registration number(s) for any such material, if applicable.
- Identification of the Content that you claim has infringed on the identified copyrighted work or other intellectual property. Include (a) a description of how the material in question is using the copyrighted work or other intellectual property in a way that constitutes infringement, and (b) a description of where the material in question is located on or in TheFirstLifestyle Service, with sufficient detail for us to verify the existence of the material within TheFirstLifestyle Service.
- Your contact information, including your full name, mailing address, telephone number, and email address.
- 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.
- 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 are 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. Following a Proper Bona Fide Infringement Notification Received by the Designated Agent:TheFirstLifeStyle‘s policy includes:
- Removing or disabling access to the allegedly-infringing Content.
- Notifying the member whose Content has been removed or disabled.
- Removing the allegedly-infringing Content from the Service for repeat offenders and terminating such member’s access to the Service.
C. Procedure to Submit a Counter-Notice to the Designated Agent:
If the notified member believes that the Content 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 as a fair use), 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 TheFirstLifeStyle Service before it was removed or disabled.
- A statement by you, made under penalty of perjury, that you have a good faith belief that the Content was removed or blocked due to a mistake or misidentification of the Content.
- Your contact information, including full name, mailing address, telephone number, and email address.
- 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 TheFirstLifeStyle is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
- Your electronic or physical signature.
If a counter-notice is received by the Designated Agent, TheFirstLifeStyle may send a copy of the counter-notice to the original complaining party, informing them that TheFirstLifeStyle may replace the removed Content or cease disabling it in 10 business days. Unless the copyright 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 TheFirstLifeStyle‘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 attorneys’ fees.