Giftilized respects the intellectual property rights of artists, designers, and other creators, and we expect everyone who uses our website to do the same. In line with the Digital Millennium Copyright Act of 1998 (“DMCA”), we respond promptly to clear notices of alleged copyright infringement that are reported to our Designated Copyright Agent as described below.

This page explains how to report content you believe infringes your copyright, what happens once we receive your notice, and how someone whose content has been removed can file a counter-notification.

1. Reporting Copyright Infringement

If you are a copyright owner, or are authorized to act on behalf of one, and you believe that any product, design, image, or other material available on our website infringes your copyright, you may submit a written notice of infringement (a “DMCA Notice”) to our Designated Copyright Agent.

Before sending a notice, please consider whether the use of the material could be permitted by the copyright owner, its agent, or the law, for example under the fair use doctrine. If you are unsure whether the material infringes your rights, we recommend speaking with a lawyer first.

2. What to Include in Your Notice

To be effective under the DMCA, your notice must be in writing and include all of the following:

1. A physical or electronic signature of the copyright owner or of a person authorized to act on their behalf.
2. A description of the copyrighted work you claim has been infringed. If several works are involved, a representative list of those works is acceptable.
3. A description of the material you claim is infringing, with enough detail for us to locate it, including the specific URL(s) or product page(s) where it appears.
4. Your full name, mailing address, telephone number, and email address.
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner.

Notices that do not include all of the information above may not be processed. Where possible, we will contact you to ask for any missing details.

3. Where to Send Your Notice

Please send your DMCA Notice to our Designated Copyright Agent using the details below:

Designated Copyright Agent

Company: [Legal company name]

Address: [Street address, City, State, ZIP code, Country]

Phone: [Phone number]

Email: [email protected]

For faster handling, please include “DMCA Notice” in the subject line of your email. This contact information is intended only for copyright infringement notices. For questions about orders, shipping, or returns, please contact our customer support team instead.

4. What Happens After We Receive a Notice

Once we receive a complete and valid DMCA Notice, we will:

• remove or disable access to the material identified in the notice;
• make reasonable efforts to notify the person who provided or uploaded the material that it has been removed, and share a copy of the notice with them; and
• record the notice as part of our repeat infringer policy described below.

Please note that we may share the information in your notice, including your name and contact details, with the person whose material was removed so that they can respond or file a counter-notification.

5. Filing a Counter-Notification

If material you provided has been removed and you believe this happened because of a mistake or misidentification, you may send a written counter-notification to our Designated Copyright Agent. Your counter-notification must include:

1. Your physical or electronic signature.
2. A description of the material that was removed or disabled, and the location (URL) where it appeared before removal.
3. 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.
4. Your name, address, and telephone number.
5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Giftilized may be found), and that you will accept service of process from the person who submitted the original DMCA Notice or their agent.

After receiving a valid counter-notification, we will forward a copy to the person who submitted the original notice. Unless that person informs us within 10 business days that they have filed a court action to stop the alleged infringement, we may restore the removed material within 10 to 14 business days of receiving the counter-notification.

6. Repeat Infringers

In appropriate circumstances, Giftilized will suspend or terminate the accounts of users who are found to be repeat infringers. We may also limit access to our website or remove any material at our sole discretion, whether or not a formal notice has been received.

7. False or Misleading Claims

Under Section 512(f) of the DMCA, any person who knowingly and materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be held liable for damages, including costs and attorneys’ fees. Please make sure your claim is accurate before submitting a notice or counter-notification.

8. Custom Designs and User-Submitted Content

When you upload images, artwork, text, or other content to personalize a product, you confirm that you own that content or have permission to use it. You are responsible for any content you submit, and we may refuse or cancel any order that we believe may infringe the rights of others. For more details, please refer to our Terms of Service.

9. Changes to This Policy

We may update this DMCA Policy from time to time. Any changes will take effect as soon as they are posted on this page, so we encourage you to review it periodically.

10. Contact Us

If you have any questions about this DMCA Policy, please email us at [email protected].