Copyright & Intellectual Property Policy

 

 

Delighted respects the intellectual property rights of others and requires its members to do the same. When they register for and use the Delighted website (“Site”), Delighted members agree that their material does not infringe on another person’s intellectual property rights. Delighted complies with the Digital Millennium Copyright Act (“DMCA”) and will facilitate intellectual property infringement claims between any intellectual property owner and allegedly infringing party (“Member”).

 

 

 

Infringement Claim Notification

 

If you believe that material on the Site infringes upon your intellectual property rights, you must notify Delighted by submitting an infringement claim notification. Delighted will only review claims submitted by intellectual property owners and their designated agents.

 

To submit an infringement claim notification, the intellectual property owner or designated agent must provide by mail or e-mail to Delighted’s Designated Agent the following information:

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. For trademark or patent infringement notifications, please provide Proof of Trademark or Patent.
      
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Delighted to locate the material. If applicable, please include item title(s), seller username and link(s) to item(s).
      
  4. Information reasonably sufficient to permit Delighted to contact the notifying party. Please include name of intellectual property owner and address, telephone number and, if available, e-mail address at which the notifying party may be contacted.
      
  5. A statement that the notifying party has a good faith belief that use of the material is not authorized by the copyright owner, its agent or the law.
      
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

 

Removal of Contested Material from Delighted

 

Upon receipt of an infringement claim notification, Delighted will remove or disable access to within a reasonable time period the contested material from the Site. Delighted will take reasonable steps to promptly notify the Member that it has removed his or her material from the Site.

 

 

 

Infringement Claim Counter Notification

 

If the Member believes that the material does not infringe upon a copyright, trademark or patent, the DMCA requires that the Member submit a counter notification. The Member should direct the counter notification to the person who submitted the infringement claim notification and copy Delighted.

 

To submit an infringement claim counter notification, the Member must provide by mail or e-mail to Delighted's Designated Agent the following information:

 

  1. The Member’s physical or electronic signature.
      
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
      
  3. A statement under penalty of perjury that the Member has good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
      
  4. The Member’s name, address and telephone number and a statement that the Member consents to the jurisdiction of Federal District Court for the judicial district in which the Member’s address is located, or if the Member’s address is outside of the United States, for any judicial district in which Delighted may be found, and that the Member will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

 

 

If Delighted’s Designated Agent receives a counter notification, it will provide a copy of it to the person who filed the infringement claim notification and inform that person that it will replace the removed material or cease disabling access to it in 10 business days. Unless Delighted’s Designated Agent receives notice from the person who submitted the infringement claim notification that he or she has filed an action seeking a court order to restrain the Member from engaging in infringing activity relating to the material on the Site, Delighted will replace, at its sole discretion, the removed material and restore access to it 10 to 14 business days following receipt of the counter notice.

 

 

 

Proof of Trademark or Patent

 

For Proof of Trademark or Patent, please provide one of the following:

 

  • Receipt for payment of application: Online application payment receipt, credit card receipt, or cancelled check
  • Letter from attorney with copy of application
  • Searchable serial number
  • Searchable word mark

 

 

 

Delighted Designated Agent

 

Bondware, Inc
Attn: Delighted Copyrights
239 John R. Rice Boulevard, Suite F
Murfreesboro, TN 37129
USA
E-mail: service@shopdelighted.com


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