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SenpaiWares IP/Publicity Rights Policy

SenpaiWares has many vendors and as a result we don't always have validity of the contents themselves. We do take fan designs and fan made are to put on our merchandise. We do not support the use of stealing other people’s work and passing it off as our own. 

This is against the law and covered here:

There are several international treaties that relate to intellectual property, but the laws are not uniform across the world. However, generally speaking…

COPYRIGHT law protects the expression of an original idea recorded in a tangible form, such as artwork in the form of photographs or paintings and literary works in the form of poems or stories.

TRADEMARK law protects the use of words, symbols, designs or logos that identify and distinguish a source of goods.

PUBLICITY RIGHTS protect an individual’s name, image and likeness. Basically this means you can’t use someone else’s identity, to your commercial advantage, without their consent.

A NOTE ON FAIR USE: You might be able to incorporate someone else's copyright or trademark into your own work, if you do it in such a way that that is considered "fair use" or in such a way that qualifies as another permissible use. However, please be aware that “fair use” typically applies in limited circumstances and isn’t the same as “freedom of speech”. Quite frankly “fair use” is a difficult concept, even for the experts, and the scope of “fair use” is different in different countries. If you do see an IP or a product you own with your rights to it and wish for this to be taken down, we are more than happy to oblige and urge you to call or email us in regards to this.

We at SenpaiWares respect the intellectual property rights of others and we ask you to do the same.

If you believe that your content has been used in a way that constitutes an infringement of your rights, please notify us 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 SenpaiWares 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.

SenpaiWare's Designated Agent for complaints can be reached at: dmca@senpaiwares.com

 

If the SenpaiWares 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.

We do apologize that we are legally not able to provide individual copyright, trademark or publicity rights advice, or give personal opinions on these matters.

We recommend that you research the relevant copyright, trademark and publicity rights laws and their application to your work on the Internet (a few links below), or consult an I.P. specialist if you are unsure why your specific work may have been included in a Notice and Takedown Report.

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 SenpaiWares site;
3. your address, telephone number, and email address;
4. a statement by you that you consent to the jurisdiction of the Federal District Court, San Francisco County, 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 dmca@senpaiwares.com

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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