Filing a DMCA Takedown
DMCA Notice Procedures + Policy
We strive to keep Clearly Development a friendly place to buy and sell items and respect the intellectual property rights of others. We prohibit users from uploading, posting, or otherwise transmitting on the website, or by use of any of Clearly Development's services, any materials that violate another party’s intellectual property rights. To help cooperate with and protect the rights of intellectual property owners, we’ve created the following takedown notice procedures.
It is our policy, in appropriate circumstances and at our sole discretion, to disable and/or terminate your Clearly Development account if you repeatedly infringe upon or violate the copyrights or other intellectual property rights of any party.
The blatant thief:
On occasion there are fake accounts where the user has obviously taken other people's artwork in full and posted it as their own. When reporting these, please:
- Provide links to the original works
- Provide links to the work that is plagiarized
Typically it's simple for us to check that these are fake accounts and they are removed quickly.
How to File a Notification of Alleged Copyright Infringement:
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with 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 website, with enough detail that we may find it on the website;
- Your address, telephone number, and email address;
- Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- Your statement 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.
This website’s “Agent for Notice” of claims of copyright or other intellectual property infringement can be reached as follows:
- By Email: [email protected]
How to File a Counter-Notification:
If you believe your own copyrighted material has been removed from our website as a result of mistake or misidentification, you may submit a written Counter Notification to our Agent for Notice pursuant to 17 U.S.C. § 512(g)(2) and (3). To be effective, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider for the web site may be found.
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or from the party's agent.
- Your name, address, and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
You may submit your Counter Notification by sending it to our designated “Agent for Notice” by mail or email as set forth below:
- By Email: [email protected]
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after ten (10) business days but no later than fourteen (14) business days from the date we receive your Counter-Notification, unless our designated “Agent for Notice” first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false form may constitute perjury.