Acceptable Content Guidelines and DMCA Information

The Souvenir T-Shirt Co 2022

1. Acceptable Content Guidelines

Commerce and Ecommerce is a global connector that bridges merchants with customers all over the world. The Souvenir T-Shirt Co is proud to empower anyone with designs and the drive to sell great custom products in their gift shop or business, wherever they’re located.

We want submitted content to be respectful of others and of the law, so keep that in mind before you hit the launch button on your store. Content that is hateful, illegal, and/or that violates intellectual property rights may be reviewed and removed at any time.

Intellectual Property Rights

The Souvenir T-Shirt Co respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the content you submit to The Souvenir T-Shirt Co, or have the rights to use, display, and resell it. Content must comply with right of publicity, trademark, and copyright laws. We MUST have all rights sent to us in writing. So no DC or Marvel images etc…  unless you have a license with them to create or resell their images.

Illegal Content

We will NEVER print content that depicts child pornography. Obscene content, or content that depicts or promotes illegal activity. You also have to follow your local laws and those of the regions where your gift shop is located be it the USA or the EU. It’s your responsibility to understand what you legally can and can’t create for your store.

Hateful Content

The Souvenir T-Shirt Co is proud to serve customers from around the world. We value tolerance, understanding, and respect. We don’t tolerate content that expresses hatred towards or attacks on any person, group and/or their protected characteristics (such as but not limited to age, race, ethnicity, gender, gender identity, sexual orientation, religion, or disability). You cannot send us this sort of hateful content—it’s just not in the spirit of The Souvenir T-Shirt Co.

A Few More Notes:  Your content is yours – The Souvenir T-Shirt Co won’t use it in our advertising or as promotional material without your written permission. All content is subject to review and we reserve the right to remove it at any time and for any reason. Each case is evaluated individually. It’s your responsibility as a store owner to follow our content guidelines – review our Terms of Service if you want to learn more details. By submitting content to The Souvenir T-Shirt Co, you accept that it complies with both our Guidelines.

Guidelines and Terms of Service.

This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

Content:

All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter “Content”) that you post, submit, upload, display, sell or use, hereinafter “post”, using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).

  1. Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it on your Products sold,  or manufactured by The Souvenir T-Shirt Co. You also represent that you’re not infringing or violating any third party’s rights by sending us illegal art for your designs or using that Content on your Products sold and/or manufactured by The Souvenir T-Shirt Co.

    All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter “Content”) that you submit, upload, sell or use, hereinafter “post”, using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).

  2. Permission to Use the Content. The Souvenir T-Shirt Co agrees that any Content that you send us using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement. You grant us permission by using our site to create your designs and products to use your custom designs on the product created by us or use your company name on our website to promote our custom work and clients we have done work for to promote our services, clients and website.

  3. Rights You Grant The Souvenir T-Shirt Co.  By sending your Content, you grant The Souvenir T-Shirt Co a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services you require to make your products.  You agree and represent that you have the rights to grant this license to us.

  4. Reporting Unauthorized Content. The Souvenir T-Shirt Co respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).

  5. Intellectual Property. The Souvenir T-Shirt Co respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you send to The Souvenir T-Shirt Co, or have the express authority to use it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable state and federal laws.

  6. Trademarks and Infringement of Intellectual Property. We are committed to following appropriate legal procedures to remove infringing content from the Services. The Souvenir T-Shirt Co will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. The Souvenir T-Shirt Co. reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive proper notice of intellectual property infringement (via email legal@souvenirtshirtco.com or otherwise), The Souvenir T-Shirt Co strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When The Souvenir T-Shirt Co. removes, blocks or disables access in response to such a notice, The Souvenir T-Shirt Co makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.

    1. DMCA Cooperation:  The Souvenir T-Shirt Co.’s copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA).  To the extent any requirements and obligations of service providers under the DMCA change or are different than set forth herein, The Souvenir T-Shirt Co’s policies and procedure may likewise change in accordance with the DMCA requirements and obligations of service providers.

    2. Counter DMCA Notifications: If The Souvenir T-Shirt Co receives a DMCA counter notification, The Souvenir T-Shirt Co will send a copy of the notice to you, the original party.  Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs The Souvenir T-Shirt Co of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter notice to the original complaining party.  If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked or disabled at the sole discretion of The Souvenir T-Shirt Co.

    3. Repeat Infringement: The Souvenir T-Shirt Co may terminate account privileges of customers that are subject to repeat notices of intellectual property infringement as determined by The Souvenir T-Shirt Co. at its sole discretion.

  7. Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have express authority and written permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own all trademarks, service marks, trade dress, and trade names incorporated into the Content you post, or if you are not the owner, that you have express authority and written permission to use, post, and reproduce such marks, trade dress, and trade names in connection with any Content and the Services provided under this Agreement.

  8. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not send us any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.

How do I inform The Souvenir T-Shirt Co. about intellectual property infringement?

Here at The Souvenir T-Shirt Co., we do our best to comply with copyright rules and regulations while asking you to do the same.

We adhere to the US Digital Millennium Copyright Act (DMCA), which regulates the removal of copyrighted material. Accordingly, if you believe that your designs or other intellectual property have been reproduced illegally, you must submit a report to The Souvenir T-Shirt Co called a Takedown Notice.

Before filing a Takedown Notice, carefully consider whether the Fair Use doctrine protects the copyrighted material in question. If you file a report when no infringement has occurred, you may be liable for legal costs and attorneys’ fees. If you’re unsure whether someone’s use of your copyrighted material constitutes infringement, please seek legal advice.

Filing a Takedown Notice

Once you’ve confirmed that someone is using your content in a way that infringes upon your rights (see above for Content), send a Takedown Notice to legal@thesouvenirtshirtco.com that includes:

  1. A link to the original content and description of the infringed-upon rights, supported by registration and other documentation (if possible)
  2. A description of the infringing content supported by links or other details about where the content is available
  3. Your name, surname, address, and email indicating that you own the content or are authorized to act on behalf of the right holder
  4. A statement by you, made under penalty of perjury, confirming that:
    1. the information is accurate
    2. you own the copyright or are authorized to act on behalf of the right holder and have made sure the owner hasn’t previously approved the content’s use
  5. An electronic or physical signature

Filing a Counter-Notice

If your work has been reported in a Takedown Notice by another person, but you believe it was a mistake (for example, you can prove that you’re authorized to use the content), you can send a counter-notice to that person your self with:

  1. A description of the content that was removed, supported by registration and other documentation (if possible)
  2. Your name, surname, address, and email indicating that you own the content or are authorized to act on behalf of the right holder
  3. A statement by you, made under penalty of perjury, that you believe in good faith that the content was removed or disabled as a result of a mistake
  4. An electronic or physical signature

You need to prove to the person filing the claim that you have the legal rights to your designs.The Souvenir T-Shirt Co. is not responsible for your infringements or legal troubles by using illegal designs. Eveyrthing will be handled by you our customer in these manners.

 

 

 

 

 

 

 

 

 

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