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Copyright Infringement

MemberShops is a digital platform where users can upload and publish digital products such as ebooks, videos, photos, images, graphics, written content, audio, files, materials, information, or any other data (collectively, “User Content”).

We do not claim any ownership rights to User Content or other materials that users upload or otherwise provide to our Site.

MemberShops has no control over the nature, scope, origin, and/or the means by which Customers acquire User Content. We will comply with the requirements of applicable laws and regulations governing copyright infringement for content in MemberShops’ possession or under its control. Customers are solely responsible for ensuring that their content complies with any legal, regulatory, or similar restrictions applicable to the products they publish on their MemberShops store.

Digital Millennium Copyright Act (DMCA)

MemberShops respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify MemberShops’ designated copyright agent by providing a notice that includes at least the following information (“Infringement Notice”):

    1. The physical or electronic signature of the copyright or trademark owner or the individual authorized to act on their behalf.
    2. Identification of the material you believe to have been infringed.
      • For copyright infringement: Include a description of the copyrighted work, registration information (if registered), and an example of the copyrighted work.
      • For trademark infringement: Include a description of the trademark (registered or unregistered), the place of registration (if registered), the application and/or registration number (if applicable), and the accompanying description of goods and/or services with which the trademark is used and/or registered.
    3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow MemberShops to locate that material.
    4. Contact information, including your name, address, email address, and telephone number.
    5. A statement that you have a good faith belief that use of the allegedly infringing material is not authorized by the owner, its agent, or the law.
    6. A statement under penalty of perjury that the information provided is accurate, and that you are the owner of the intellectual property or are otherwise authorized to act on the owner’s behalf.

If you are not sure whether the material is actually infringing your intellectual property rights, or whether a defense such as the fair use doctrine applies, you should consult your attorney.

To the extent MemberShops receives an Infringement Notice that complies with the above requirements, MemberShops will:

    1. Forward a copy of the Infringement Notice to the alleged infringer; and
    2. Expeditiously remove, or disable access to, the material claimed to be infringing.

If the Infringement Notice does not comply with the above requirements, it will be deemed not effective, and no action will be taken by MemberShops.

Submitting a Counter Notice to Challenge an Infringement Notice

If you receive an Infringement Notice and believe, in good faith, that the subject material was incorrectly removed, you may dispute the contents of the Infringement Notice by providing MemberShops’ designated agent a notice with at least the following information (“Counter Notice”):

    1. Your physical or electronic signature.
    2. Identification of the material that has been removed or disabled, including the location(s) of the material prior to its removal or disabling.
    3. Contact information, including your name, address, email address, and telephone number.
    4. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.
    5. A statement that you will:
      1. Consent to the jurisdiction of the Federal District Court of the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the subject app, website, or service may be found); and
      2. Accept service from the person (or an agent of that person) who submitted the Infringement Notice.

To the extent MemberShops receives a Counter Notice that complies with the above requirements, MemberShops will forward a copy of the Counter Notice to the party that submitted the Infringement Notice. If that party does not file an action seeking a court order to restrain you from engaging in infringing activity within 10 business days of receiving a copy of the Counter Notice from MemberShops, MemberShops will reinstate the removed or disabled material to which the Infringement Notice related.

Misrepresentation

For any Infringement Notice(s) or Counter Notice(s), please be aware that under the DMCA, you may be liable for damages, including attorneys’ fees and costs incurred by MemberShops, the copyright owner, and/or MemberShops’s customers (as applicable), if you knowingly and materially misrepresent that certain material is infringing, or was removed or disabled by mistake or misidentification.

Repeat Infringers

It is MemberShops’s policy, in appropriate circumstances, to suspend and/or terminate the accounts of repeat infringers.

Designated Agent

For the purposes of this Policy, MemberShops designated agent is as follows:

ZINIC j.d.o.o.
ATTN: Legal Department, IP Agent
Slavka Kolara 2a
Velika Gorica, 10410
Croatia
support (at) membershops.com