DMCA

Benixtee operates an online platform where users can create and sell their own T-shirts and merchandise.

We strictly prohibit users from designing or selling merchandise that infringes upon the intellectual property rights of third parties, including but not limited to copyrights, trademarks, and related rights.

If you believe that a user has violated your intellectual property rights on Benixtee, please follow the procedure outlined below:

A. Reporting Intellectual Property Infringement:

  1. Upon receipt of a valid notice, Benixtee will promptly block access to or remove any content (“Content”) that is deemed to infringe upon the intellectual property rights of third parties.
  2. Users who repeatedly violate these terms may have their service terminated. If you believe that Content on the Benixtee Service infringes upon your copyright or other intellectual property rights, please send a notice of infringement containing the following details to the Designated Agent provided below:
  1. Description of the copyrighted work or other intellectual property allegedly infringed upon via the Benixtee Service, including registration number(s) if available.
  2. Description of the Content that is believed to infringe upon the identified copyrighted work or other intellectual property, including:
    (a) Explanation of how the material uses the copyrighted work or other intellectual property in a manner constituting infringement;
    (b) Specific location of the material on the Benixtee Service, with sufficient details for verification.
  3. Your contact information, including your full name, postal address, phone number, and email address.
  4. A statement by you, under penalty of perjury, affirming 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, under penalty of perjury, verifying the accuracy of the information provided in your notice and confirming that you are the rights holder or authorized to act on behalf of the rights holder.
  6. An electronic or physical signature of the person authorized to act on behalf of the rights holder.

B. Upon receipt of a valid infringement notification by the designated agent:

  1. Benixtee will take action to remove or block access to the allegedly infringing Content.
  2. The user whose Content has been removed or restricted will be notified.
  3. Users who repeatedly violate these terms may have the allegedly infringing Content removed from the Service, and Benixtee may terminate their access to the Service.

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

If the notified user believes that the removed or disabled Content is not infringing or that they have the right to post and use such Content, they must submit a counter-notice containing the following details to the Designated Agent listed below:

  1. Description of the Content that was removed or disabled, including details of its location on the Benixtee Service before removal.
  2. A statement from the user, under penalty of perjury, asserting that they believe in good faith that the Content was removed or blocked due to a mistake or misidentification.
  3. User’s contact information, including full name, postal address, phone number, and email address.
  4. A declaration by the user consenting to the jurisdiction of the Federal Court for the judicial district in which their address is located, or if their address is outside of the USA, for the judicial district in which Benixtee is located.
  5. Electronic or physical signature of the user. Upon receipt of a counter-notice, Benixtee may provide a copy to the original complaining party, informing them that Benixtee may reinstate the removed Content or cease disabling it within 10 business days. Unless the rights owner initiates legal action against the user, the removed Content may be reinstated or access to it restored within 10 to 14 business days or more following receipt of the counter-notice, at the discretion of Benixtee.

Please note that under Section 512(f) of the DMCA, individuals who knowingly