Apliiq Inc respects the intellectual property rights of others and expects its users, sellers, merchants, account holders, and other subscribers to do the same.
This Repeat Infringer Policy explains how Apliiq Inc handles users who repeatedly upload, submit, list, sell, transmit, store, or otherwise make available content that is alleged or determined to infringe copyright.
This policy is intended to support Apliiq Inc’s compliance with the Digital Millennium Copyright Act, including the requirement that qualifying service providers adopt and reasonably implement a policy for terminating repeat infringers in appropriate circumstances.
This policy applies to all users of Apliiq Inc, including but not limited to:
Sellers
Merchants
Account holders
Store owners
Designers
Customers who upload artwork or other content
API or integration users
Any person or entity that uploads, submits, stores, lists, publishes, sells, or distributes content through Apliiq Inc
This policy applies to copyright infringement matters, including DMCA takedown notices and related copyright complaints. Apliiq Inc may also maintain separate policies for trademark, right of publicity, counterfeit goods, privacy, or other legal complaints.
Users may not upload, submit, list, sell, produce, transmit, store, or otherwise make available content that infringes another person’s or entity’s copyright.
Examples of prohibited content may include, without limitation:
Artwork copied from another creator without permission
Photographs used without permission
Designs copied from another brand, artist, seller, or website
Copyrighted characters, graphics, illustrations, or patterns used without authorization
Music, videos, text, software, or other copyrighted content used without permission
Product images or marketing materials copied from another party without authorization
Users are responsible for ensuring they have all rights, licenses, permissions, and approvals required for content they upload, submit, list, sell, or request Apliiq Inc to produce or fulfill.
Apliiq Inc may consider a user to be a repeat infringer when the user is associated with multiple valid copyright complaints, DMCA takedown notices, infringement determinations, or other reliable evidence of repeated copyright infringement.
In determining whether a user is a repeat infringer, Apliiq Inc may consider factors including:
The number of valid DMCA takedown notices received for the user’s content
The number of separate copyrighted works involved
The number of affected listings, designs, products, files, orders, stores, or integrations
Whether the complaints involve the same or different copyright owners
Whether the user submitted valid counter-notices
Whether a complaint was withdrawn by the complainant
Whether the material was restored after the counter-notice process
Whether the user appears to have acted knowingly, recklessly, or in bad faith
Whether the user attempted to evade enforcement by creating new accounts or moving content to another store, listing, design, integration, or account
The severity, volume, and pattern of the alleged infringement
As a general guideline, Apliiq Inc may treat a user as a repeat infringer if the user receives two or more valid DMCA takedown notices or copyright infringement determinations within a rolling 12-month period. However, Apliiq Inc reserves the right to take action sooner in serious cases, including where a user engages in blatant, large-scale, willful, or commercially harmful infringement.
When Apliiq Inc receives a valid DMCA takedown notice or otherwise obtains knowledge of infringing material, Apliiq Inc may remove or disable access to the material in accordance with its DMCA policy.
Depending on the circumstances, Apliiq Inc may take one or more of the following actions:
Remove or disable access to the affected content
Suspend or disable a listing, product, design, file, campaign, order, storefront, or integration
Issue a warning to the user
Require the user to remove similar or related content
Restrict the user’s ability to upload new content
Restrict the user’s ability to publish or sell products
Place the account under review
Temporarily suspend the user’s account
Permanently terminate the user’s account
Refuse future service to the user
Cancel pending production or fulfillment involving allegedly infringing content
Take any other action Apliiq Inc determines is appropriate
Apliiq Inc may terminate a user’s account or access to the service in appropriate circumstances when the user is determined to be a repeat infringer.
Termination may occur after multiple valid copyright complaints or DMCA takedown notices. Termination may also occur after a single incident if the infringement appears to be willful, egregious, large-scale, fraudulent, unlawful, or likely to expose Apliiq Inc, its partners, or its users to legal risk.
Account termination may include:
Closing the user’s account
Removing active listings or products
Disabling uploaded files, designs, artwork, or content
Canceling pending production or fulfillment connected to infringing content
Blocking the user from opening new accounts
Restricting access to platform tools, APIs, integrations, or services
If a user believes content was removed or disabled as a result of mistake or misidentification, the user may submit a DMCA counter-notice in accordance with Apliiq Inc’s DMCA policy.
Apliiq Inc may consider valid counter-notices, restored content, withdrawn complaints, or final legal determinations when evaluating whether a user is a repeat infringer.
A takedown notice may still be considered in the user’s account history unless it is withdrawn, successfully countered, rejected as invalid, or otherwise determined not to support an infringement record.
Users may not attempt to avoid enforcement under this policy by:
Creating new accounts
Using another person’s account
Moving content to another storefront, listing, product, design, or integration
Re-uploading removed material
Slightly modifying infringing content and uploading it again
Using alternate names, emails, payment methods, business entities, or integrations to continue the same activity
Apliiq Inc may treat related accounts, stores, integrations, or business entities as part of the same enforcement history where there is evidence that they are controlled by, associated with, or acting in coordination with the same user or organization.
Apliiq Inc may maintain records of copyright complaints, DMCA takedown notices, counter-notices, removals, restorations, warnings, suspensions, terminations, and related enforcement actions.
These records may include:
Complaint ID
User, seller, or account ID
Listing, product, design, file, order, or integration ID
Complainant information
Date and time notice was received
Date and time content was removed or disabled
Date and time user was notified
Counter-notice status
Restoration status
Final case outcome
Enforcement action taken
Apliiq Inc may use these records to administer this policy, evaluate repeat infringement, respond to legal requests, preserve evidence, and protect the rights of Apliiq Inc, copyright owners, users, and other parties.
Users are responsible for ensuring that all content they upload, submit, list, sell, or request Apliiq Inc to produce does not infringe any third-party rights.
By using Apliiq Inc, users agree to comply with this policy and understand that repeated copyright infringement may result in suspension, termination, removal of content, cancellation of services, or other enforcement action.
Failure by Apliiq Inc to enforce this policy in any particular instance does not waive its right to enforce this policy in the future.
Apliiq Inc reserves the right to modify, suspend, or terminate access to its services at any time where it determines that action is necessary to comply with law, protect intellectual property rights, reduce legal risk, protect users, or preserve platform integrity.
Copyright complaints and DMCA notices should be sent to Apliiq Inc’s designated copyright agent:
DMCA Agent: Ian Gruber
Company: Apliiq Inc.
Address: 2623 E54 Street, Huntington Park, CA, 90255
Email: ian@apliiq.com
Phone: 858 414 4895
For more information, please see Apliiq Inc’s DMCA Policy.