Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement.
Scrim Gear may, in appropriate circumstances and at its sole discretion, disable and/or terminate use of the Web site, Content, or Services by users who infringe on the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Scrim Gear LLC. Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Web site (providing URL(s) in the body of an email is the best way to help us locate content quickly);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Right of final approval and removal
- Store shall have the sole right to approve of or reject all Designs bearing Store’s name, likeness, or other phrases or images that identify Store. By personally submitting a Design, Store is giving approval for the Design, and Printer may proceed with posting the design without further assurances or agreement from Store.
- If at any time, for any reason, Store determines that a particular design should no longer be available for sale, Store must provide Printer with notification requesting that the particular design be removed. Printer will use its best efforts to remove the design within 24 hours of receiving notification, but in any event the design shall be removed within 7 days after receiving the notice.
- Store acknowledges that Printer may be contacted by third parties asserting that a Design infringes on the third-party’s intellectual property rights and that the third-party may demand that Printer remove a design from ScrimGear.com. Store acknowledges and agrees that Printer, in Printer’s sole discretion, may remove a design as a result of such notice until the rights regarding the design can be determined.
Store hereby agrees to indemnify, defend, and hold harmless Printer and its subsidiaries and affiliated companies, agents, officers, directors, and employees (collectively, the “Printer Group”) from any and all liability, loss, damage, costs, expenses, claims, or demands (including without limitation, reasonable attorneys’ fees and court costs), which may arise out of third party claims against Printer arising out of or relating to allegations that Printer’s marketing, display, sale, printing, or any other action, infringes on any United States copyright or trademark.
Printer agrees to indemnify, defend, and hold harmless Store from and against any and all damages, loss, cost, expenses, liability, claims or demands (including without limitation, reasonable attorney’s fees and court costs) which may arise out of third party claims against Store arising out of or relating to the gross negligence or willful misconduct of Printer.
The party seeking indemnification shall give the indemnifying party prompt notice of any indemnified claims, permit the indemnifying party to control the defense and settlement of such claims, and reasonably cooperate with the indemnifying party in connection with the defense and settlement of such claims.
The indemnifying party shall give prompt written notice of any proposed settlement of a claim, provided that indemnifying party may not, without the prior written consent of the party seeking indemnification (which consent shall not be unreasonably withheld), settle or compromise any such claim or consent to the entry of any judgment with respect to which indemnification is being sought unless such settlement, compromise or consent (i) includes an unconditional release of the party seeking indemnification from all liability arising out of such claim, and (ii) does not contain any admission or statement suggesting any wrongdoing or liability on behalf of the party seeking indemnification.
The parties’ obligation to indemnify each other shall survive the expiration or termination of this Agreement by either party for any reason.
Make sure you know whether the Content that you have seen on scrimgear.com infringes your copyright. We suggest that you consult your legal advisor before filing a notice with Scrim Gear copyright agent, because there may be penalties for false claims. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing Content.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by Scrim Gear LLC. against you, the Digital Millennium Copyright Act (“DMCA”) permits you to send Scrim Gear LLC. a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices of claims of copyright or other intellectual property infringement and counter-notices should be sent to Scrim Gear Copyright Agent who can be reached in the following ways:
2348 N Damen Ave.
Chicago, IL 60647