1. YOUR ACCEPTANCE
2. ADDITIONAL POLICIES
- The Artist Shop Policy is an agreement between Threadless.com and artists or designers who open an Artist Shop on the Website to offer and post for sale products featuring their own artwork. You can read this policy here.
- The Rules for Buyers set forth the rights and obligations of users who visit the Website to browse or shop. You can read this policy here.
- The Threadless.com DMCA and Intellectual Property Infringement Policy here.
- The Policy Concerning Payments to Artists and Artist Shop Owners here.
3. GRANT OF RIGHTS
4. YOUR ACCOUNT AND ACCOUNT ACTIVITY
You are solely responsible for the activity that occurs on Your account, including the activities of others and regardless of whether such activities are authorized, and you are responsible for keeping Your account password secure. You may change Your password at any time. You agree to immediately notify Threadless.com if You suspect or know of any unauthorized use of Your password or account or any other breach of security. Threadless.com cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.
5. USE OF YOUR ACCOUNT INFORMATION
6. LINKED WEBSITES
The Website may contain links to third party websites that are not owned or controlled by Threadless.com ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. Threadless.com does not screen Linked Websites and has no control over, and assumes no responsibility for, the content, quality, suitability, functionality, legality, privacy policies, or practices of any Linked Websites. You acknowledge and agree that Threadless.com is not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk. By using the Website, You specifically release Threadless.com from any and all liability arising from Your access or use of any Linked Website, Your correspondence or dealings with other users, advertisers, partners, or other third parties found on or through the Linked Websites, and/or Your participation in promotions, sweepstakes, campaigns, or any other venture hosted, endorsed, or sponsored by other users, advertisers, partners, or other third-party parties outside the Website.
7. USER SUBMISSIONS
The interactive nature of postings on the Website makes it impossible for Threadless.com to assume responsibility for any of the information, material, or content posted by users.
The ideas, suggestions, opinions, comments, chat, text, messages, and observations made by users of the Website ("Commentary"), the photographs, artwork, sketches, videos, designs, and images ("Artwork") and any other files, material or information provided to the Website by users (all of which are referred to as "User Submissions") are not endorsed by Threadless.com, and we make no guarantee regarding the reliability, accuracy, nature, origin, or quality of any User Submission that is posted on the Website. You acknowledge that You will evaluate and bear any risks related to Your User Submission, or Your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and Your sole recourse for any damage You may suffer as a result of any User Submission, or any portion thereof, shall be to such individual, and not Threadless.com.
By posting a User Submission to the Website, You represent that: (i) You are the owner of the User Submission; or (ii) you have the right and license to use the User Submission; or (iii) the User Submission is in the public domain; or (iv) to Your knowledge, no one else claims ownership of, or exclusive rights to, the User Submission; and (v) You have the legal right to grant a license to Threadless.com to use the User Submission.
You hereby grant Threadless.com a worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submission (and derivative works thereof) in any media now known or hereafter developed.
If You choose to post a User Submission on the Website, we require that You adhere to generally accepted rules of etiquette and standards of behavior. You understand that Threadless.com does not guarantee any confidentiality with respect to any User Submission.
Threadless.com expressly disclaims any and all liability in connection with User Submissions. Threadless.com reserves the right to remove any User Submission in its sole discretion and without prior notice.
8. LICENSE AND USE OF ARTWORK
Threadless.com’s services empower artists to earn money from their Artwork by making it immediately available for sale on a variety of products - without giving up control of their rights. You retain all of Your ownership rights, including all copyright and other intellectual property rights, in the Artwork you submit to the Website and to Your Artist Shop. The exception to this is Artwork submitted to the Website in a themed design challenge in which case the third party sponsor of the challenge may require ownership of all Artwork submitted in that challenge. Please refer to the rules applicable to any design challenge you enter.
By uploading Artwork to the Website, You grant Threadless.com the license above in Paragraph 7, and further agree that Threadless.com may: (i) display your Artwork on the Website and in magazines, television shows, movies, on the Internet, and other media; (ii) sell Your Artwork; and (iii) make modifications to your Artwork as necessary to prepare your Artwork for use in a particular product category or for other manufacturing purposes. In addition, you represent that Threadless.com may legally make and sell merchandise incorporating Your Artwork without being obligated to make any payments to, or obtain any permission from, any third party.
9. IMPROPER USE OF WEBSITE
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any material that is libelous, invasive of another’s privacy, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- Upload, post, email or otherwise transmit any material that infringes or violates any patent, copyright, trademark, trade secret or other proprietary rights of any person;
- Upload, post, email or otherwise transmit any material that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, or racially or ethnically offensive;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;
- Upload, post, email, or otherwise transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality or any computer software or hardware or telecommunications equipment;
- Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or any content on the Website;
- Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity;
- Intentionally or unintentionally violate or encourage others to violate any applicable law, statute, ordinance or regulation;
- Provide false or deceptive information;
- Solicit personal information from anyone under 18;
- Breach a duty of confidentiality by which You are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Delete, add or otherwise change other people’s User Submissions;
- Remove or alter any copyright or other proprietary notices on or in connection with any content on the Website.
- Use or launch any automated system or technological devices or programs that access the Website in a manner that sends more request messages to the Threadless.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; and
- Access, monitor or copy any content or information from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose. Notwithstanding the foregoing, Threadless.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Threadless.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
10. COMMUNITY GUIDELINES
To make sure that the community spaces on Threadless.com, including, but not limited to any message boards, discussion groups, comments, and forums ("Community Spaces") are safe and respectful, the following policies apply to all Community Spaces:
- Respect other Users’ privacy. Private or personally identifying information should not be shared in Community Spaces or other public areas of the Website.
- Community Spaces may not be used to publicly disparage anyone, any User Submission, or any Artist Shop.
- Community Spaces may not be used to harass other users.
- You may not publish or post threats of violence, or promote or encourage others to engage in violence or illegal activity.
- Report abusive content to firstname.lastname@example.org if you see it.
You agree not to collect or use anyone else’s personally identifiable information ("Personal Information") including, without limitation, individual names, account names, email addresses, or other user-identifying information from the Website.
12. MODIFICATIONS TO THE WEBSITE
Threadless.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof), with or without notice, and to block You or anyone else from the Website, at any time in its sole discretion, provided, however, that Threadless.com has no obligation to update, store, maintain or correct any information on the Website. Threadless.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website.
Threadless.com may, in its sole discretion and without prior notice, immediately suspend, disable, or terminate Your account, with or without cause.
Termination of Your account may include: (i) removal of access to the Website; (ii) deletion of Your password and all related information, files and materials, including any User Submission associated with You or Your Artist Shop; (iii) barring further use of the Website; and (iv) closing your Artist Shop. Further, You agree that Threadless.com shall not be liable to You or any third party for any termination of Your account or access to the Website.
Threadless.com shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Website, Your account, or Your Artist Shop.
14. WARRANTY DISCLAIMER
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL THREADLESS.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE, SUCCESSOR, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF THREADLESS.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, USER SUBMISSION, OR OTHER MATERIAL POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THREADLESS.COM SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Threadless.com from its facilities in the United States of America. Threadless.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
18. SPECIAL PROVISIONS FOR USERS LOCATED OUTSIDE OF THE UNITED STATES
Threadless.com is a global community. Our servers and operations are, however, located in the United States, and our policies and procedures are based on United States law. As such, the following provisions apply specifically to users of the Website that are located outside of the United States: (i) You consent to the transfer, storage, and processing of your information, including but not limited to any personal information, to and in the United States and/or other countries; and (ii) if you are using the Website from a country sanctioned or embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not engage in financial transactions, or conduct any commercial activities using or through the Website.
20. INTELLECTUAL PROPERTY OWNED BY THREADLESS.COM AND ITS LICENSORS
The Website is owned by skinnyCorp LLC. The Website and its original content, features, and functionality are protected by U.S. and international copyright, trademark, patent, trade secret and/or other intellectual property or proprietary rights laws. The Website displays trademarks owned by skinnyCorp LLC, including but not limited to THREADLESS, and trademarks, copyrights, and other intellectual property owned by Website users, Artist Shop Owners, and other third party licensors (collectively, "Licensors"). No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of Threadless.com, or as otherwise agreed to in writing by the appropriate Licensor.
21. CONTESTS, DESIGN CHALLENGES, PROMOTIONS
22. LAW AND FORUM FOR DISPUTES
If You have a dispute with one or more Website users, You release Threadless.com (and Threadless.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If You are a California resident, You waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
24. GENERAL, AMENDMENTS
RULES FOR BUYERS
1. PRICING, SHIPPING, AND TERMS OF SALE
Prices for all merchandise on the Website are in US dollars. Prices and products may change at Threadless.com's discretion. Threadless.com may offer promotional discounts from time-to-time. You must agree to the terms of the discount in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by Threadless.com. Title and risk of loss for all products ordered by you shall pass to you upon Threadless.com's shipment to the shipping carrier. Threadless.com reserves the right to cancel any order for any product for any reason, including orders that may violate the intellectual property rights of a third party, and will notify the purchaser that the order has been cancelled.
2. PRODUCT DESCRIPTIONS
Threadless.com attempts to be as accurate as possible to provide a compelling user experience. However, Threadless.com does not warrant that product descriptions or other content of the Website are accurate, complete, reliable, current, or error-free. If a product offered by Threadless.com, or in an Artist’s Shop, is not as described, your sole remedy is to return it pursuant to Threadless.com's Return and Refund Policy here.
3. RETURN POLICY
Please review Threadless.com's Return and Refund Policy here.
4. FUNDED DESIGNS AND TIPPING
You sometimes have the opportunity to fund merchandise on the Website (a "Funded Design"). A funder is a person who funds particular merchandise by indicating a desire to purchase the merchandise and providing Threadless.com with his/her credit card information. Threadless.com thereby reserves authorized credit card charges from the Funder(s) before deciding to print and sell that merchandise. Such authorized credit card charges can be cancelled at your request. The Funded Design will have the opportunity to gain funding for ten (10) days, directly corresponding with the ten (10) day voting period for the design, via the Website. If, during this ten (10) day period, the design reaches its funding threshold, as determined solely by Threadless, and is successfully "funded," it may be sold. You will only be charged for an item once a Funded Design is fully funded, manufactured, and shipped to You. You also have the ability to "tip" an artist if you desire. Please note that a tip, once made, cannot be cancelled or refunded.
ARTIST SHOP POLICY
1. ARTIST SHOP SET UP
2. YOUR ARTWORK
3. REMOVAL OF ARTWORK AND CLOSING OF ARTIST SHOP
You may delete Your Artwork from Your Artist Shop or close Your Artist Shop at any time, but due to caching or other issues, it may take a number of days for deletions or closures to take effect. To the extent any of the Artwork displayed in Your Artist Shop has been incorporated into merchandise purchased and/or manufactured by Threadless.com prior to the deletion of Your Artwork or closing of Your Artist Shop, Threadless.com may sell-through all such merchandise until it is depleted. The terms regarding Payments to Artists and Shop Owners apply to such sales. Threadless.com may also continue to use your Artwork in marketing and promotional materials if such materials were created prior to Your removal of the Artwork from the Website, and/or the deletion or closing of Your Artist Shop.
4. TAGS, PRODUCT DESCRIPTIONS, AND LABELING AND DESCRIBING THE ARTWORK AND PRODUCTS IN YOUR ARTIST SHOP
By providing high-quality, accurate information, You help Users find Your products quickly and easily.
At the time You post products in Your Artist Shop, You will be asked to provide information (title, description, tags, categories) about Your products and Artwork so that visitors to Your Artist Shop can search and find relevant products.
You agree to use the Website and conduct Your Artist Shop in a manner that demonstrates common sense and respect for the rights of Threadless.com, other artists, Website users, and third parties and in accordance with applicable laws and regulations. Here are some of the basic rules for labeling the products in Your Artist Shop:
- Only use accurate and relevant terms that describe the specific products in Your Artist Shop.
- You may not intentionally misspell Your product names (unless such misspelling is part of the Artwork).
- You may use a short descriptive phrase as a tag if it accurately describes Your product.
- You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.
- You should only state what the item is, not what the Product may become or potential uses for the Product.
- You may not use words that are derogatory.
- You may not use malicious tags or descriptions.
- You may not use trademarks you do not own to refer to your Artwork or products.
You may report problems, offensive content, and policy violations in the Artist Shops to us at email@example.com.
Threadless.com may take the following actions to enforce the terms of this Artist Shop Policy:
- Send a notification informing You of any offending action, behavior, tag, spam or description, and request that You take corrective action immediately.
- Make Your product(s) unavailable.
- In the case of certain repeat offenders, Threadless.com will, in its sole discretion, withhold payment and/or shut down an Artist Shop.
6. PAYMENTS, TIMING OF PAYMENTS, AND INELIGIBLE SALES
Please refer to the " Policy Concerning Payments to Artists and Artist Shop Owners."
7. ARTIST SHOP ORDERS AND CONTACT INFORMATION
8. YOUR RESPONSIBILITIES
By selling on Artist Shops, you will receive and must determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through Artist Shops.
You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use Artist Shops. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information.
As a data controller, to the extent that you process user personal information outside of Artist Shops, you may be required under applicable data protection and privacy laws to honor requests for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for marketing communications related to your Artist Shop. You may not use this information for unsolicited commercial messages or unauthorized transactions.
If Artist Shops and you are found to be joint data controllers of personal information, and if Artist Shops is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Artist Shops for the expenses it occurs in connection with your processing of buyer personal information.
POLICY CONCERNING PAYMENTS TO ARTISTS AND ARTIST SHOP OWNERS
By submitting Artwork to the Website and/or opening an Artist Shop, You authorize Threadless.com to display the Artwork, and to manufacture, sell and distribute products displaying your Artwork. You also authorize Threadless.com to collect and hold the retail price ("Retail Price") of all products displaying your Artwork that are purchased via the Website.
The Retail Price charged to customers who purchase products featuring Artwork includes the (i) manufacturing fees, (ii) Threadless.com’s fee for hosting the marketplace and/or Your Artist Shop and facilitating the transaction (the manufacturing fees and Threadless.com’s fee are referred to collectively, and inclusive of tax, as the "Base Cost"), (iii) Your compensation (the "Artist Compensation"), (iv) any relevant tax (such as GST, VAT, etc), and (v) shipping charges.
You authorize Threadless.com to deduct both (i) the Base Cost and (ii) any shipping charges from the Retail Price of the product(s) featuring your Artwork before distributing the remainder (i.e., the Artist Compensation and tax where relevant), to You. Unless you opt out of Managed Pricing, in no event will the Artist Compensation be less than 10% of the item’s sale price during promotional pricing events with the exclusion of skateboards. Skateboards minimum earnings are $2.50 per unit on items sold at retail price less than $50.00, $5.00 per unit between $50.00 and $99.99 and $10 per unit between $100.00 - $199.99.
On certain limited occasions Threadless may include the Artwork in miscellaneous items such as, without limitation, calendars or books that promote the Threadless brand or community, and You will not be owed or paid any royalties or payments for such use.
Timing and Method of Payment to Artists and Shop Owners. Payments will be made on a monthly basis, via PayPal. You are required to provide Threadless.com with Your PayPal account information. You will not be charged by PayPal for any payment made to You by Threadless.com. You alone are responsible for the payment of any tax that arises as a result of receiving any payment from Threadless.com, its subsidiaries, related companies, partners or licensors.
Threadless Base Cost (not sold through Artist Shops or Marketplace). The prices for Artwork sold outside an Artist Shop are set by Threadless.com and are subject to change in Threadless.com’s discretion.
Artist Shops Base Costs. If you've opted out of Managed Pricing, you are responsible for setting your own prices at or above the provided Base Costs. In addition, there is no minimum Artist Compensation guaranteed to an Artist Shop Owner who has opted out of Managed Pricing.
Threadless Marketplace Base Costs (sold through Threadless). The prices for Artwork sold on the Threadless Marketplace, are set by Threadless.com and are subject to change in Threadless.com’s discretion. If there is a discrepancy regarding Threadless Marketplace Managed Pricing, Threadless reserves the right to apply the base cost deemed appropriate for the situation.
THREADLESS.COM DMCA AND INTELLECTUAL PROPERTY INFRINGEMENT POLICY
Threadless.com respects the intellectual property of others, and we require users of the Website to do the same. Thus, in Your use of and interactions with Threadless.com and the Website, You may not post, upload, display, submit, modify, distribute, or reproduce in any way any User Submission that is or contains copyrighted material belonging to others, without obtaining their prior written consent. Threadless.com reserves the right, in its discretion, to remove any User Submission if it believes that it may infringe the copyright of any third party, and/or to terminate the accounts of users believed to be infringers.
DMCA and Intellectual Property Infringement Takedown Notification
Take-Down Notice. If You are a copyright, trademark, or intellectual property owner or an agent thereof and believe that any material on Threadless.com infringes Your copyrights, trademarks, or intellectual property rights, You may submit a notification by providing Threadless.com with the following information in writing:
- A physical or electronic signature of the intellectual property owner or the person authorized to act on behalf of the owner of an intellectual property interest that is allegedly infringed;
- Identification of the material claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Threadless.com to locate the material (providing URLs in the content of an email is the best way to help us locate content quickly);
- Information reasonably sufficient to permit Threadless.com to contact You, including Your address, telephone number, and e-mail address at which You may be contacted;
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by You, or Your agent, or the law;
- A statement made under penalty of perjury, that the above information in Your notice is accurate and that You are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf.
See 17 U.S.C 512(c)(3) for further information regarding claims of copyright infringement.
Our Designated Agent to receive notification of claimed copyright infringement under the DMCA is:
400 N Morgan
Chicago IL 60642
Phone: 773 878 3557
Please send all other notices of claimed intellectual property infringement to:
Intellectual Property Complaints
400 N Morgan
Chicago IL 60642
Phone: 773 878 3557
Fax: 888 595 3258
You acknowledge that if You fail to comply with all of the requirements above, Your notice may not be valid and not be acknowledged by Threadless.com.
Threadless.com will process and investigate valid notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws.
Upon receipt of notices complying with the above requirements, Threadless.com will act expeditiously to remove or disable access to any material claimed to be infringed or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to his/her material.
Copyright / DMCA Counter-Notice Procedure
If You have a good faith belief that you received a copyright infringement notice under the DMCA as a result of a mistake or misidentification, you may consider submitting a counter-notice. Threadless.com accepts counter notices submitted in response to copyright takedowns only.
Counter-Notice You may send a counter-notice to Threadless.com’s Designated Agent, shown above, which must contain the following information in writing:
- Your physical or electronic signature;
- 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;
- A statement under penalty of perjury that You have a 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;
- Your name, address, and telephone number; and
- A statement that You consent to the jurisdiction of federal district court in the judicial district in which Your address is located, or if Your address is outside of the United States, for any judicial district in which You may be found and that You will accept service of process from the person who provided the initial notification of alleged infringement.
Threadless.com will provide a proper and valid counter-notice to the alleged copyright owner for review and consideration.
If, within 10 business days of our receipt of your counter notice, the party who submitted the initial copyright claim doesn't inform us of an action seeking a court order against you, the material specified in the counter notice may be reactivated. Reactivating the material before this time may result in account termination. If you have any questions or concerns, please consult an attorney. You may also consider communicating directly with the party who filed the initial infringement claim.