IP Infringement and Takedown Policy

This Policy applies to the materials published by Handmade Gifts Made Easy ("the Company") on the website at homemade-gifts-made-easy.com. The Company respects the intellectual property rights of others and expects our users to do the same. To that end, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, the Company has implemented procedures for reporting instances of copyright infringement.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

"Infringing Material": means any material published by the Company which is alleged (and/or found) to infringe any Intellectual Property Rights;
"Intellectual Property Rights": means any and all patents, rights in inventions, rights in designs, trade marks, trade and business names and all associated goodwill, rights to sue for passing-off or for unfair competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know-how and trade secrets) and all other similar or equivalent rights (subsisting now or in the future) in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term;
"Notice": means a communication received by the Company informing us of an alleged infringement which contains the requirements set out in the United States Digital Millennium Copyright Act (DMCA) (see 17 U.S.C 512(c)(3) for further detail) and described in Section 3 below.

2. Notice and Take Down

2.1 Whilst the Company has made all reasonable efforts to ensure that all materials published by it do not infringe the Intellectual Property Rights of any third party, the risk of such infringement cannot be entirely removed.
2.2 Under the terms of this Policy, a third party who identifies any material belonging to them which has been used by the Company without the requisite consent should contact the Company using the procedures set out herein.

3. Notice Procedure

3.1 If you identify any material protected by Intellectual Property Rights belonging to you in any material published by the Company you should immediately send a Notice to the Company using the following procedure:
- 3.1.1 Send a message to the Company using the form at the bottom of this page, containing the following details:
  - a clear description of the copyrighted work that you claim has been infringed;
  - description of the Infringing Material;
  - identification of the URL or other specific location on the website where the Infringing Material is located (please be as detailed as possible to enable us to locate the Infringing Material);
  - your contact information, including your address telephone number, and email address;
  - statement by you that you have a good faith belief that the Infringing Material is not authorized by the owner of the Intellectual Property Rights, its agent, or the law;
  - statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the owner of the Intellectual Property Rights or authorized to act on the owner’s behalf;
  - an electronic or physical signature of the person authorized to act on behalf of the owner of the Intellectual Property Rights.
- 3.1.2 Send a message to the Company at the following address: copyright@homemade-gifts-made-easy.com.

4. Assessment and Take Down

4.1 Following receipt of a Notice, the Company shall make a preliminary assessment of the alleged infringement in order to determine its legitimacy and applicability to the identified Infringing Material.
4.2 If the outcome of the preliminary assessment shows that the complaint in the Notice is legitimate, the Infringing Material will be removed pending the completion of our enquiries and/or the reaching of an agreement between the Company and you.
4.3 In the event that the Infringing Material was provided to the Company by a third party, the Company will contact that third party in the course of its enquiries in order to determine the extent of that third party's rights over the Infringing Material. Please note that we may forward the notice of copyright infringement (or information contained therein), as well as your contact information, to the user who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, the Company will notify the affected user that the content has been removed or disabled. The Company will not reinstate such third-party content absent agreement of the rights owner or a court order. In such situations, it is the responsibility of the third party to secure appropriate authorizations or releases from the rights owner to reinstate the Infringing Material. The Company will not make its own assessment as to the substantive merits of any Notice, which is the sole responsibility of the third party and rights owner to resolve.
4.4 In cases where it is deemed necessary and appropriate, the Company shall seek legal advice in order to resolve any matters of infringement.
4.5 Following the Company's preliminary assessment of the alleged infringement, we shall contact you in order to inform you of the outcome of the assessment and to discuss, where relevant, an appropriate resolution to your complaint.

5. Resolution of Complaints

5.1 The Company shall use commercially reasonable efforts to resolve complaints quickly and fairly. One of the following outcomes shall be desirable (but not guaranteed):

5.1.1 Where no infringement is found, the (alleged) Infringing Material shall remain without modification;
5.1.2 The Infringing Material shall be replaced without modification without the requirement for licensing fees;
5.1.3 The Infringing Material shall be replaced without modification under the terms of a negotiated paid license;
5.1.4 The Infringing Material shall be replaced with modifications to remove infringing elements; or
5.1.5 The Infringing Material shall be removed and not republished.

5.2 In the event that a complaint cannot be resolved the Infringing Material shall remain removed indefinitely or until such time that an appropriate resolution is reached.
5.3 In the event that a complaint cannot be resolved and becomes the subject of legal proceedings, the Infringing Material shall remain removed, the provisions of this Policy shall cease to apply, and the complaint shall be resolved as the parties, their legal advisors, and the courts may direct.

6. Changes to this Policy and Procedure

The Company reserves the right to change this Policy as we may deem necessary from time to time or as may be required by law.

IP Infringement Form

Please see the Notice Procedure section of the policy above for what information to provide when completing this form.