Legal Department

 

Intellectual Property and Publicity Rights

As a growing community of artists, Banana Joe LLC. respects the intellectual property rights of other artists, and we expect all of our artist/sellers to adhere to this policy. We do not have an opportunity to pre-screen, review and approve every design that is submitted to our site for sale, so from time to time a user may inadvertently or deliberately submit and display art for sale that breaches the m00nshot Terms & Conditions for art submissions.

Each artist/seller account holder must confirm that each design they upload is done so only in that they are the owner of any/all designs they upload, or that they are working in conjunction with the owner with appropriate rights to the IP through partnership or promotion. Unfortunately there may be users who do not adhere to the appropriate use of IP. In the age of the internet it is impossible for any one person or organization to know every design that enjoys protection under IP law. Therefore, we comply with the Digital Millennium Copyright Act (“DMCA”). The DMCA provide a method for owners of protected IP to submit an infringement claim to a service provider such as m00nshot. Once a claim is submitted, the DMCA requires that we respond in certain ways and within certain time-frames. The text of the DMCA can be found at the following link: www.copyright.gov/legislation/dmca.pdf.

Notice and Takedown Procedure

We have adopted the following general policy toward copyright and intellectual property infringement in accordance with U.S. intellectual property laws, including the Digital Millennium Copyright Act of 1998. Notice & Takedown Requests should be sent to our designated agent to receive notification of claimed infringement at the address

If you believe that your content has been used in a way that constitutes an infringement of your rights, please notify Banana Joe LLC. designated agent for complaints (contact email below) by sending a Notice and Takedown Report, which must include the following important information:

1. an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter;

2. a description of the matter claimed to have been infringed;

3. a description of where the claimed infringing content is located on the Banana Joe LLC. site.

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorised by the owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that:

a. the above information is accurate; and
b. you are authorised to act on behalf of the owner of the rights involved. Banana Joe LLC. Designated Agent for complaints can be reached at: info@bananajoetropicalwear.com . Additionally, in certain circumstances, Banana Joe LLC. may suspend or terminate users who in our opinion infringe the copyrights, trademarks, publicity rights or other rights of others purposely (see deliberate misuse). If Your Work Has Been Included in a Notice/Takedown Report If the Banana Joe LLC. Content Team has received a Notice and Takedown Report which specifically notes one or more of your works, the noted works will have been removed. You will not be able to view or update these works. The Notice and Takedown Report that has been received may or may not have also included other works by other artists, and by removing the work, we are not stating that your work does or does not infringe copyright, trademark or publicity rights law. We have a legal obligation to act on reports filed in accordance with our IP/Publicity Rights Policy. While the work may not have been a direct copy of someone else’s work, it may contain elements, logos, or personal likenesses which may infringe on another’s rights. If you believe a report was in error or should not apply to your work, you have the right to lodge a counter-notification.

Banana Joe LLC. Designated Agent for complaints can be reached at: info@bananajoetropicalwear.com

Filing a Counter Notice

If you believe that removal of the content is the result of a mistake (for example, that you have authorisation) or misidentification, you can send us a counter-notice. Such counter-notice must provide the following information:

1. An electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter;

2. a description of the content which we have removed, including the URL on which the content was located on the Banana Joe LLC.;

3. your address, telephone number, and email address;

4. a statement by you that you consent to the jurisdiction of the Federal District Court, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person;

5. a statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

6. You can send a counter notice to info@bananajoetropicalwear.com. If we receive your counter-notice but your work does not comply with the Banana Joe LLC. User Agreement and/or IP/Publicity Rights Policy, we may inform you that we are not be able to reinstate your work. We may also request further information from you in order to determine whether the work can be reinstated. In many circumstances, however, we will forward your counter notice directly to the complainant, which will include your personal contact information. At that time the complainant may take legal court action against you in the United States. If after 14 days the complainant has not taken legal action against you, you may contact us to request that we reinstate your work. If your work otherwise complies with our User Agreement and IP/Publicity Rights Policy, we may reinstate your work at that time.

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