DMCA

1. Copyright Protection

Modernacloth recognizes the importance of protecting original creative works, including photographs, written content, graphics, illustrations, artwork, product imagery, and other copyright-protected materials.

We expect everyone who uses or contributes content to the Modernacloth website to respect applicable copyright laws and the rights of copyright owners.

2. What the DMCA Covers

The Digital Millennium Copyright Act provides a framework for copyright owners to notify online service providers about alleged copyright infringement. Modernacloth may review notices concerning copyrighted material made available through our website.

3. Before Filing a Notice

Before submitting a DMCA notice, please consider whether the use you are reporting may be authorized or otherwise permitted by applicable law.

• Confirm that you own the copyright or are authorized to act on behalf of the copyright owner.
• Identify the specific copyrighted work that you believe has been infringed.
• Identify the exact material on the Modernacloth website that you believe infringes your copyright.
• Consider whether the use may be authorized by a license, permission, or another lawful basis.
• Make sure that the information included in your notice is accurate and complete.

Submitting a copyright notice is a legal process. If you are uncertain whether a particular use constitutes infringement, you may wish to obtain appropriate legal advice before submitting a notice.

4. Requirements for a Valid DMCA Notice

A copyright infringement notification should contain sufficient information for Modernacloth to understand the nature of the complaint and locate the material in question.

Where applicable, a notice should include the following:

• The physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
• Identification of the copyrighted work claimed to have been infringed.
• If multiple works are involved, a representative list identifying those works.
• A description of the material that is allegedly infringing.
• The specific URL or other location where the allegedly infringing material can be found.
• Contact information sufficient for Modernacloth to communicate with the complaining party.
• A statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
• A statement that the information provided in the notification is accurate and, where required, that the complaining party is authorized to act on behalf of the copyright owner.

5. How to Submit a DMCA Notice

Copyright complaints should be submitted directly to Modernacloth using the contact information provided at the end of this policy.

6. Review of Copyright Notices

When Modernacloth receives a copyright complaint, we may review the information provided to determine whether the notice identifies the relevant copyrighted work, the allegedly infringing material, and the basis for the complaint.

We may request additional information or clarification if the notice does not provide enough information for us to evaluate the concern.

Depending on the circumstances and applicable requirements, Modernacloth may remove, restrict access to, disable, or otherwise address material that is determined to present a legitimate copyright concern.

7. Counter Notification

If material has been removed or restricted following a copyright complaint and the affected party believes that the removal was made in error, that party may contact Modernacloth to provide relevant information and explain the basis of the dispute.

A counter notification may need to identify the material involved, explain why the material was removed or restricted in error, and provide sufficient contact information for communication regarding the matter.

Where applicable, counter notifications may be handled in accordance with the procedures and requirements established by applicable copyright law.

8. Restoration of Removed Material

Modernacloth may consider restoring material that was removed or restricted when appropriate information demonstrates that the original complaint was withdrawn, mistaken, insufficient, or otherwise does not require continued restriction.

Restoration is not automatic and may depend on the circumstances of the complaint, the information provided by the affected parties, and applicable legal requirements.

9. Repeat Copyright Concerns

Modernacloth may take appropriate steps when repeated copyright complaints involve the same user, contributor, or source of content.

Depending on the circumstances, such steps may include restricting access to particular material, discontinuing access to certain website functions, or taking other reasonable measures consistent with applicable law and our website policies.

10. False or Misleading Notices

Copyright notices should be submitted only when the complaining party has a legitimate and good-faith basis for believing that infringement has occurred.

Knowingly submitting false, misleading, fraudulent, or abusive copyright complaints may have legal consequences and may interfere with the rights of other parties.

Modernacloth reserves the right to consider the accuracy and circumstances of submitted notices when responding to copyright complaints.

11. Third-Party Content

Some materials displayed through Modernacloth may originate from customers, suppliers, service providers, licensors, or other third parties.

If a copyright complaint concerns third-party material, Modernacloth may need to investigate the source, authorization, licensing arrangements, or other circumstances surrounding the content before determining an appropriate response.

12. Intellectual Property Rights

This DMCA Policy addresses copyright concerns and does not replace the separate procedures that may apply to trademarks, trade names, patents, publicity rights, or other intellectual property rights.

For intellectual property concerns that do not primarily involve copyright, please refer to our Intellectual Property Claim policy or contact our support team with details of the issue.

13. Policy Updates

Modernacloth may update this DMCA Policy when necessary to reflect changes in our website, content practices, business operations, or applicable legal requirements.

Updated versions will be posted on this page. We encourage copyright owners and website users to review this policy periodically.

14. DMCA Contact Information

To submit a copyright infringement notice, counter notification, or question regarding this DMCA Policy, please contact Modernacloth using the information below.