Placeholder Intellectual Property & DMCA Policy - Polynesian Pride

Intellectual Property & DMCA Policy

Polynesian Pride respects the intellectual property rights of others and strictly complies with the Digital Millennium Copyright Act (DMCA) and other applicable federal and state laws. We expect our customers, users, and partners to do the same.

It is our policy to expeditiously block and remove any content or merchandise displayed on our website that we believe in good faith to infringe the intellectual property rights, such as copyright, trademark, trade dress, and right of publicity, of third parties following receipt of a compliant notice. We also maintain a strict policy to terminate service for repeat infringers.

1. How to File an Intellectual Property Complaint - Takedown Notice

If you are a copyright or trademark owner, or authorized to act on behalf of one, and believe that your intellectual property rights have been infringed upon by any content or product residing on the Polynesian Pride website, please notify our Designated Agent by emailing support@polynesianpride.co. You must include the following information in your notification:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
  2. The specific URL(s) on the Polynesian Pride website used in connection with the sale of the allegedly infringing merchandise or content;
  3. Identification of the copyright, trademark, or other rights that allegedly have been infringed, including proof of ownership, such as copies of existing trademark or copyright registrations;
  4. Your full name, address, telephone number, and email address;
  5. A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, its licensee, or the law; and
  6. A statement, made under penalty of perjury, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the intellectual property or other right that is allegedly infringed.

2. Counter-Notice Policy

If you believe that a claim of intellectual property infringement was filed by mistake or misidentification, you may file a counter-notice. Please note that materially misrepresenting that material is not infringing may expose you to liability for damages, including costs and attorneys' fees. If you are unsure whether the material infringes on intellectual property, we strongly recommend contacting an attorney before filing a counter-notice.

The counter-notice must be submitted to our Designated Agent at support@polynesianpride.co and include the following information:

  1. Your physical or electronic signature;
  2. Your full name, address, telephone number, and email address;
  3. Identification of the material and its location before it was removed, such as the specific URL on the Polynesian Pride website;
  4. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification;
  5. Your consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if you are outside the U.S., the Federal District Court of New York, USA; and
  6. Your consent to accept service of process from the party who submitted the original takedown notice or an agent of that party.

Upon receipt of a valid counter-notice, Polynesian Pride may send a copy to the original complaining party informing them that we may replace the removed material or cease disabling it in 10 business days. Unless the intellectual property owner files an action seeking a court order against you, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.

3. Repeat Infringer Policy

If Polynesian Pride receives repeated notices that a user or partner has violated others' intellectual property, we will take strict action. We maintain a system for keeping track of repeat violators and reserve the right to suspend or terminate accounts and refuse service to anyone who acts against the spirit of our Terms of Service, regardless of how many strikes are involved.

4. Designated Copyright Agent Contact Information

Notices of claimed infringement and counter-notices must be directed to our Designated Agent at the following corporate address:

Legal Entity: Polynesian Pride LLC

Designated Agent Address: 447 Broadway 2ND FL 609, New York, NY 10013, United States

Email for Legal Notices: support@polynesianpride.co

Phone: +1 (608) 200-2716