Intellectual Property Dispute & DMCA Policy

Effective date: August 17, 2020

CubeBik provides an internet-based marketplace platform that allows its users to design and sell their own custom T-shirts, blankets, canvas, and other merchandise. We are an online service provider as defined in the Digital Millennium Copyright Act. We contractually prohibit our users from designing or selling merchandise that infringes the intellectual property rights of third parties (including without limitation copyright, trademark, and related rights). If you believe that a user of the CubeBik service has infringed your intellectual property rights, we encourage you to contact us using the procedure outlined below.

A. Procedure for reporting intellectual property infringement:

It is CubeBik’s policy to (1) block access to or removes any content (including, without limitation, text, graphics, and photos) (collectively, “Content”) that it believes in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice; and (2) remove and discontinue service to repeat infringers.

If you believe that Content residing on or accessible through the CubeBik Service constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send a notice of infringement containing the following information to the Designated Agent listed below:

1. Identification of the copyrighted work or other intellectual property that you claim has been infringed on or through the CubeBik Service, including the registration number(s) for any such material if applicable;
2. Identification of the Content that you claim has infringed on the identified copyrighted work or other intellectual property, including (a) a description of how the material in question is using the copyrighted work or other intellectual property in a way that constitutes infringement, and (b) a description of where the material in question is located on or in the CubeBik Service, with sufficient detail that we may verify the existence of the material within the CubeBik Service;
3. Your contact information, including your full name, mailing address, telephone number, and email address;
4. A statement by you that you have a good faith belief 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. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder; and
6. An electronic or physical signature of the person authorized to act on behalf of the rights holder.

B. Once proper infringement notification is received by the designated agent:

It is CubeBik policy:

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. That repeat offenders will have the allegedly-infringing Content removed from the Service and that CubeBik will terminate such member’s access to the Service.

C. Procedure to supply a counter-notice to the designated agent:

If the notified-member believes that the Content that was removed or to which access was disabled is either not infringing, or the member believes that he or she has the right to post and use such Content from the rights owner, the owner’s agent, or pursuant to the law (including as a fair use), the notified-member must send a counter-notice containing the following information to the Designated Agent listed below:

1. Identification of the Content that has been removed or disabled, including a description of the where the material in question appeared on the CubeBik Service before it was removed or disabled;
2. A statement by you, made under penalty of perjury, that you have a good faith belief that the Content was removed or blocked as a result of a mistake or misidentification of the Content in question;
3. Your contact information, including full name, mailing address, telephone number, and email address;
4. A statement by you that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which CubeBik is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
5. Your electronic or physical signature.

If a counter-notice is received by the Designated Agent, CubeBik may send a copy of the counter-notice to the original complaining party informing that party that CubeBik may replace the removed Content or cease disabling it in 10 business days. Unless the rights owner files an action seeking a court order against the member, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CubeBik’s discretion.

Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be subject to liability for damages, including attorney’s fees.


* Important: CubeBik will take full responsibility of suspending a member of marketplace due to their intellectual property infringement. But we don’t ensure that we will bear the damages for the suspended marketplace users if we cannot contact them in any way.

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In accordance with the DMCA, we’ve adopted the policy below toward intellectual property infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted and trademarked material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users and (2) remove and discontinue service to repeat offenders.

Remember that your use of CubeBik Services is at all times subject to the Terms of Service, which incorporates this Intellectual Property Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

  1. Procedure for Reporting Intellectual Property Infringements. If you believe that material or content residing on or accessible through the Services infringes your intellectual property (or the intellectual property of someone whom you are authorized to act on behalf of), please send a notice of intellectual property infringement containing the following information to CubeBik Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that has been allegedly infringed;
    2. Identification of works or materials being infringed;
    3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the intellectual property owner seeks to have removed, with sufficient detail so that CubeBik is capable of finding and verifying its existence;
    4. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the intellectual property owner, its agent, or the law;
    5. Contact information about the notifier including address, telephone number and, if available, email address;
    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property owner.
  2. Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent. Upon receipt of a proper notice of intellectual property infringement, we reserve the right to:
    1. remove or disable access to the infringing material;
    2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
    3. terminate such content provider’s access to the Services if he or she is a repeat offender.
  3. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the intellectual property owner, the intellectual property owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
    1. A physical or electronic signature of the content provider;
    2. 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 disabled;
    3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
    4. Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which CubeBik is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, CubeBik may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Inspire Cotton may replace the removed material or cease disabling it in 10 business days. Unless the intellectual property owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at CubeBik discretion.

If you need to file a DMCA Report, please contact CubeBik Designated Agent by filling out the form below: