DMCA

Riracha.com offers an internet-based platform where users can create and sell custom T-shirts and other merchandise. We require users to comply with intellectual property laws, prohibiting the design or sale of merchandise that infringes third-party intellectual property rights, including copyrights, trademarks, and related rights. If you believe that a user of the Riracha.com service has violated your intellectual property rights, please contact us using the information provided below.

A. Procedure for Reporting Intellectual Property Infringement:

Upon receiving a valid complaint, Riracha.com’s policy is to (1) block access to or remove any content (including, but not limited to, text, graphics, and photos) (“Content”) that we believe, in good faith, infringes third-party intellectual property rights; and (2) remove and discontinue service to repeat infringers.

If you believe that Content on or accessible through the Riracha.com service constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send an infringement notice to the Designated Agent listed below:

1. Provide a clear identification of the copyrighted work or other intellectual property that you believe has been infringed, including any registration number(s) associated with the material.

2. Specifically identify the content you allege is infringing the copyrighted work or intellectual property, including: (a) an explanation of how the content uses the copyrighted work or intellectual property in a manner that constitutes infringement, and (b) a detailed description of where the content can be found within the Riracha.com service, so we can verify its existence.

3. Include your contact information, which should include your full name, mailing address, phone number, and email address.

4. State that you believe in good faith that the disputed use of the copyrighted work or other intellectual property is not authorized by the copyright holder, its agents, or the law.

5. Provide a statement under penalty of perjury that the information in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder.

6. Include an electronic or physical signature of the person authorized to act on behalf of the rights holder.

B. Response to Infringement Notification:

Once a proper bona fide infringement notification is received by the designated agent, Riracha.com’s policy is:

1. To remove or disable access to the allegedly infringing Content;

2. To notify the member whose Content has been removed or disabled; and

3. To remove the allegedly infringing Content from the service and terminate the member’s access if they are a repeat offender.

C. Procedure for Filing a Counter-Notice:

If a notified member believes that the removed or disabled content is not infringing, or that they have the right to post and use the content (either from the rights holder, its agent, or under the law, including as fair use), the member must submit a counter-notice to the Designated Agent listed below:

1. Provide a description of the content that was removed or disabled, including where it appeared on the Riracha.com service prior to its removal or disabling.

2. Declare, under penalty of perjury, that you have a good faith belief that the content was taken down or blocked due to a mistake or misidentification of the material in question.

3. Include your contact information, including your full name, mailing address, phone number, and email address.

4. State that you agree to the jurisdiction of the Federal Court in the judicial district where your address is located, or if you are outside of the United States, in the judicial district where Riracha.com is located. Additionally, confirm that you will accept service of process from the person who reported the alleged infringement.

5. Provide an electronic or physical signature to confirm the validity of the counter-notice.

If the Designated Agent receives a counter-notice, Riracha.com may send a copy to the original complaining party, notifying them that Riracha.com may replace the removed content or stop disabling it within 10 business days. Unless the rights holder initiates legal action seeking a court order against the member, the removed content may be restored within 10 to 14 business days, or longer, at Riracha.com’s discretion.

Under Section 512(f) of the DMCA, anyone who knowingly misrepresents that content or activity is infringing may face legal consequences, including liability for attorney’s fees.