INTELLECTUAL PROPERTY COMPLAINT POLICY
Tomm provides users with a platform to sell their own merchandise. Users contractually agree to all terms prior to use of Tomm services. Tomm contractually prohibits users from using its services to sell merchandise that infringes upon third party intellectual property rights (such as copyright, trademark, trade dress, and right of publicity).
It is Tomm’s policy to block and remove any content that it believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice; and to terminate service for repeated infringement.
If you believe that your intellectual property rights have been infringed upon by a Tomm user, please notify Tomm at [email protected]. You must include within your notification the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed
- The URL to the Tomm campaign(s) used in connection with the sale of the allegedly infringing merchandise.
- Identification of the copyright, trademark, or other rights that allegedly have been infringed, including proof of ownership (such as copies of existing trademark or copyright registrations).
- Your full name, address, telephone number(s), and email address(es).
- A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under federal or state law.
- A statement, under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the intellectual property or other right that is allegedly infringed.
If you believe that a claim of intellectual property infringement was filed by mistake or misidentification you may file a counter-notice. If you materially misrepresent in your counter-notice that your design is not infringing upon the intellectual property, you may be liable for damages to the intellectual property owner (including costs and attorney’s fees). Therefore, if you are unsure whether or not the material infringes on the intellectual property, please contact an attorney before filing the counter-notice. The counter-notice should be submitted to [email protected] and must include the following information:
- Your physical or electronic signature;
- Your full name, address, telephone number(s), and email address(es);
- Identification of the material and its location before it was removed, either by URL to the Tomm campaign(s) used in connection with the sale of the allegedly infringing merchandise or Tomm campaign number;
- A statement under penalty of perjury that the claim of intellectual property infringement that led to the removal or blockage of access to material was filed by mistake or misidentification;
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the U.S.);
- Your consent to accept service of process from the party who submitted the takedown notice or an agent of that party.
If you submit a counter-notice, a copy of the counter-notice may be sent to the complaining party informing the complaining party that Tomm may replace the removed material or cease disabling it in 10 business days. Unless the intellectual property owner files an action seeking a court order against you, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.
REPEAT INTELLECTUAL PROPERTY COMPLAINT POLICY
If Tomm receives repeated notices that you have posted others’ intellectual property without permission, Tomm may terminate your account. Tomm has a system for keeping track of repeat violators of intellectual property rights of others, and determining when to suspend or terminate your account.
Tomm reserves the right to terminate accounts that act against the spirit of the Terms of Service, regardless of how many strikes are involved.
If you require further assistance please contact us at [email protected]