Copyright and Trademark Policy - THE ART MARKET
California Watercolor expects users of THE ART MARKET to respect the intellectual property rights of others. Users who have uploaded content have represented and warranted that they have the rights to permit California Watercolor to use it on THE ART MARKET.
If you infringe copyrights or other intellectual property rights of others, your Content may be removed or suspended in whole or part. It is our policy, in appropriate circumstances and our discretion, to disable and/or terminate accounts of users who repeatedly infringe or are charged repeatedly with infringing the copyrights or other intellectual property rights of others.
If you believe in good faith that materials hosted by California Watercolor infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or if multiple copyrighted works or trademarks located on THE ART MARKET are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow California Watercolor to locate the material on THE ART MARKET; (d) information reasonably sufficient to permit California Watercolor to contact the complaining party, such as the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be advised that California Watercolor will not respond to complaints that do not meet these requirements. These requirements are guided by the Digital Millennium Copyright Act (the "DMCA"). If California Watercolor determines that the materials alleged to infringe your copyright or trademark rights do not require removal, California Watercolor will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which California Watercolor services may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to claims of copyright infringement on THE ART MARKET must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement
560 C Industrial Way
Fallbrook, CA 92028
Fax: (760) 723-8730