DMCA Notice Policy
Kin Custom holds intellectual property rights to the highest standard and expects all users of the Kin Custom Platform to do the same. If you are a copyright owner, or an agent thereof a copyright that you in good faith believe content on the Kin Custom Platform infringes upon, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) to Kin Custom's Copyright Agent (contact information below) with the following information in writing:
A physical or electronic signature (i.e., /s/NAME) of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, with a URL link to such copyrighted work whether on the Kin Custom Platform or another website.
Identification of the material that is claimed to be infringing, including a URL to such material, and information reasonably sufficient to permit Kin Custom personnel to locate the material.
Information reasonably sufficient to permit Kin Custom personnel to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party 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 the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Please see 17 U.S.C 512(c)(3) for further detail.
Please ensure that your submission of a "DMCA Take Down Notice" pursuant to and consistent with the information requested above that you are in fact disputing the use of a copyrighted works and not another form of intellectual property (i.e. trademark). The DMCA only protects copyrighted works and thus will not be applicable if you believe a trademark has been infringed. Please see (Copyright vs. Trademark) and also (Intellectual Property Policy) for more information to properly determine whether you should submit a DMCA Take Down Notice.
Please assist us in ensuring that your DMCA Take Down Notice receives prompt attention by including the following subject line in your correspondence:
Subject: NAME_ARTWORK TITLE_DMCA TAKE DOWN NOTICE
By doing so we are able to promptly assess your claim and accordingly take appropriate action.
Kin Custom's designated Copyright Agent for purposes of receiving proper DMCA Take Down Notices is:
Philip A. Nicolosi
Phil Nicolosi Law, P.C.
6735 Vistagreen Way, Suite 210
dmca@philnicolosilaw.com
Please note that only DMCA Take Down Notices should go to Kin Custom's designated Copyright Agent. Any other feedback, comments, requests for technical support, complaints concerning other areas of intellectual property infringement or other communications should not be directed to Kin Custom's designated Copyright Agent and instead to Kin Custom's customer support at (info@kincustom.com). Failure to comply with all of the requirements of this DMCA Notice Policy may result in the invalidation of your DMCA Take Down Notice.
If your work has been included in a DMCA Take Down Notice submitted to Kin Custom's designated Copyright Agent, that work will be removed promptly from the Kin Custom Platform. Accordingly, you will be unable to use, access, view or modify such works.
If you believe that your work has been wrongfully included in the DMCA Take Down Notice, you have the right to submit a counter-notice to Kin Custom. In your counter-notice you must provide the following information:
Your physical or electronic signature (i.e., /s/NAME) or the physical or electronic signature of a person authorized to act on your behalf;
Your contact information (i.e. address, telephone number, and, if available, an electronic mail address);
Identification and description of the work which has been removed pursuant to the submitted DMCA Take-Down Notice;
A statement, under penalty of perjury, that you have a good faith belief the material was mistakenly taken down;
A statement affirming that you consent to the jurisdiction of the Federal District Court, Franklin County, Ohio, United States.
In most instances we will forward your counter-notice directly to the complainant. At that point, the complainant may take legal action against you. However, if after 14 days the complainant has not taken any sort of legal action you are permitted to contact Kin Custom to request a reinstatement of your work.