🚫DMCA & Takedown Policy

1. Overview

This DMCA & Takedown Policy applies to:

• Copyright infringement claims under the DMCA (17 U.S.C. § 512)
• Trademark infringement and brand misuse
• Other intellectual property violations
• Prohibited content as defined in our Terms of Service and Seller Content & IP Policy

AdaptiveShop is a platform provider only. We do not create, upload, or control merchant content. Merchants are solely responsible for ensuring their content does not infringe third-party rights.

Nothing in this Policy constitutes legal advice. If you are unsure about your rights, you should consult an attorney.

2. Reporting Copyright Infringement (DMCA Notice)

If you believe your copyrighted work has been copied, used, or displayed on AdaptiveShop in a way that constitutes copyright infringement, you may submit a DMCA takedown notice to our designated agent.

2.1 Designated DMCA Agent

2.2 Required Information

Your DMCA notice must include all of the following under penalty of perjury:

• Identification of the copyrighted work you claim has been infringed, or a representative list of works if multiple are covered.
• Identification of the allegedly infringing material and its location on AdaptiveShop (e.g., product URL, storefront URL, product ID, screenshots).
• Your contact information: name, mailing address, telephone number, and email address.
• Good-faith statement: a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• Accuracy statement: a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on their behalf.
• Signature: your physical or electronic signature.

2.3 Example DMCA Notice Format

3. Counter-Notification Procedure

If your content was removed or disabled in response to a DMCA notice and you believe this was a mistake or that you have the legal right to use the material, you may submit a DMCA counter-notification.

3.1 Counter-Notification Requirements

Your counter-notification must include:

• Your contact information: name, mailing address, phone number, and email.
• Identification of the removed material and its location before removal (e.g., URL, product ID).
• Good-faith statement: a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled due to mistake or misidentification.
• Consent to jurisdiction: a statement that you consent to the jurisdiction of the federal courts located in the Central District of California (Los Angeles County), and that you will accept service of process from the person who filed the original DMCA notice or their agent.
• Signature: your physical or electronic signature.

Send your counter-notification to: [email protected] with the subject "DMCA Counter-Notification".

3.2 What Happens After a Counter-Notification

After receiving a valid counter-notification, AdaptiveShop may:

• Forward a copy of the counter-notification to the original complainant.
• Inform the complainant that the removed content may be restored within 10–14 business days unless they notify us that they have filed a court action seeking an injunction.
• Restore the content within a reasonable time if we do not receive notice that a court action has been filed.

Warning: Filing a false or fraudulent counter-notification may result in legal liability, including damages, court costs, and attorneys' fees under 17 U.S.C. § 512(f).

4. Trademark Violations

If you believe your registered trademark is being used on AdaptiveShop without authorization in a way that is likely to cause consumer confusion, you may submit a trademark violation report.

4.1 How to Report

Email: [email protected]
Subject Line: "Trademark Violation Report"

4.2 Required Information

Please include:

• Trademark registration details: registration number, country/region, and registration date.
• Description of your trademark: what it covers (e.g., brand name, logo, slogan).
• Location of infringing content: URLs, product IDs, storefront links, or screenshots.
• Explanation of infringement: how the content uses your trademark without authorization or creates confusion.
• Your contact information: name, company name (if applicable), address, phone number, and email.
• Good-faith statement: that you have a good faith belief the use is not authorized.
• Signature: physical or electronic signature.

Note: Lawful resale of genuine goods and nominative fair use (e.g., "compatible with [BRAND]") may be permitted. We will evaluate trademark claims on a case-by-case basis.

5. Other Content Violations

To report other violations of our policies, such as:

• Counterfeit goods
• Illegal products or services
• Prohibited content (hate speech, explicit material, etc.)
• Deceptive or fraudulent listings
• Violation of privacy or publicity rights

Email: [email protected]
Subject Line: "Content Violation Report"

Include:

• Your contact information
• URL(s) or product ID(s) of the violating content
• A description of the violation and which policy it appears to violate
• Any supporting evidence (screenshots, documents, etc.)

6. AdaptiveShop's Response Process

6.1 Review Timeline

We endeavor to review and respond to valid notices as promptly as possible. Response times vary based on the complexity of each case and the volume of requests we receive. We do not guarantee specific timeframes.

6.2 Actions We May Take

Depending on the circumstances, AdaptiveShop may:

• Remove or disable access to the reported content
• Notify the merchant whose content was reported
• Provide the merchant with a summary of the complaint
• Allow the merchant to submit a counter-notification (for DMCA claims)
• Suspend or terminate accounts of repeat or egregious offenders
• Preserve records as appropriate in connection with legal processes

6.3 Notification to Merchants

If your content is removed:

• We will attempt to notify you at the email associated with your account.
• We may provide information about the complaint (excluding sensitive complainant contact details).
• For DMCA-based removals, we will inform you of your right to file a counter-notification.

7. Repeat Infringer Policy

AdaptiveShop has a policy of terminating, in appropriate circumstances, merchants who are repeat infringers.

We may suspend or terminate a merchant account if, in our sole discretion:

• The merchant receives multiple valid DMCA notices, or
• The merchant repeatedly violates trademark or IP policies, or
• The merchant continues to post infringing or prohibited content after being warned.

Termination decisions are made at AdaptiveShop's sole discretion and may consider the number, severity, and nature of violations.

8. False Claims & Misrepresentation

Under 17 U.S.C. § 512(f), any person who knowingly misrepresents that:

• Material or activity is infringing, or
• Material or activity was removed or disabled by mistake or misidentification

may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, the copyright owner, or AdaptiveShop.

Do not submit notices or counter-notifications unless you genuinely believe, in good faith, that your claims are accurate and you have the authority to act.

9. Limitations & Disclaimers

9.1 No Legal Advice

This Policy is provided for informational purposes only and does not constitute legal advice. You should consult an attorney for advice regarding your specific situation.

9.2 Platform Provider Only

AdaptiveShop is a platform provider and does not:

• Pre-screen or manually approve all merchant content
• Guarantee that all infringing content will be identified or removed
• Act as a judge or final arbiter in IP disputes between third parties

We rely on rightsholders and users to notify us of potential infringement.

9.3 No Guarantee of Action

AdaptiveShop reserves the right to:

• Determine whether a notice is valid, complete, and actionable
• Request additional information or clarification
• Decline to remove content where we believe it is not infringing or may be protected by fair use or another defense
• Restore content if a valid counter-notification is received

9.4 Removal Is Not an Admission

Removal or disabling of content in response to a notice does not constitute an admission by AdaptiveShop that the content is infringing, unlawful, or in violation of any rights. Content may be removed to comply with the DMCA's safe harbor provisions and to reduce legal risk.

10. Preservation of Evidence

If you believe you may pursue legal action related to content on AdaptiveShop, you should:

• Preserve your own evidence (screenshots, URLs, timestamps, purchase records, etc.) before submitting a notice
• Understand that removed content may not be accessible later

AdaptiveShop may preserve certain records or logs in response to valid legal process (such as subpoenas or court orders), but is not obligated to preserve content indefinitely and may delete or archive data in accordance with our data retention practices.

11. Updates to This Policy

We may update this DMCA & Takedown Policy from time to time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of AdaptiveShop after changes constitutes acceptance of the revised policy.

12. Contact Information

For all DMCA notices, trademark reports, and content violation reports, contact: