1. Trademark and Copyright Policy.
1.1 Intellectual Property at PartyShark.
PartyShark, Inc. (“PartyShark”) takes intellectual property rights very seriously. For that reason, we have created a simple process to deal with complaints of alleged infringement of certain third party intellectual property rights on the PartyShark platform. This process covers allegations of infringement of copyrights (e.g., written text, photographs, sound recordings and video clips) and trademarks/servicemarks (e.g., logos, slogans and names identifying a good or service). Capitalized terms used but not defined in this Agreement are defined in the Terms of Service.
1.2 Third Party Content.
All information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content relating to an event on the Services is posted by Hosts, Consumers, or other third parties, and not by PartyShark (collectively, "Third Party Content").
1.3 Purpose.
The following policy sets forth the process by which any third party who believes that their trademark and/or copyrights are being infringed by Third Party Content may request that PartyShark remove the allegedly infringing Third Party Content. PartyShark takes these violations seriously, but also expects its users to take steps in ensuring their content is protected by reaching out directly to those allegedly infringing upon them.
2. Removing Third Party Content.
2.1 Getting Allegedly Infringing Content Removed.
If you believe in good faith that any Third Party Content PartyShark makes available in connection with the Services infringes your copyright or trademark rights, you (or your agent) may send us a takedown notice requesting that the Third Party Content be removed, or access to it be blocked. Your takedown notice needs to contain the following information in order for PartyShark to be able to take action:
- Information that allows PartyShark to contact you (i.e., name and address, telephone number and/or email address);
- Sufficient information to identify the copyrighted works or trademarks that are allegedly being infringed, including registration number and registration office if applicable;
- Sufficient information for us to identify and locate the allegedly infringing material including its Internet location;
- A statement that you have a good faith belief that the use of the Third Party Content on PartyShark is not authorized by the owner of the Content, its agent or the law;
- A statement of the accuracy of the takedown notice, and under penalty of perjury, a statement that you are the owner of the allegedly infringed material or you are authorized to act on behalf of such owner; and
- A physical or electronic signature of the person submitting the takedown notice.
- Evidence that you have unsuccessfully reached out to the Host, Vendor, or Consumer who is allegedly in violation.
2.2 Liability.
Note that by submitting a takedown notice, the information you provide is generally subject to PartyShark's Privacy Policy, however, you agree that PartyShark may provide copies of such takedown notice to the alleged infringer, which may include your name, and that the alleged infringer may contact you directly to discuss the allegation. In addition, you will be liable for any damages (including costs and attorneys' fees) incurred by PartyShark or the alleged infringer in the event you knowingly and materially misrepresent that Third Party Content is infringing (taking into consideration copyright defenses (such as fair use) and exceptions). If you are unsure whether the material you are reporting is infringing, you should contact an attorney before filing a takedown notice. PartyShark cannot provide you with legal advice as to whether or not you are entitled to file a takedown notice.
2.3 Takedown.
Upon receiving a valid and fully completed takedown notice that identifies an infringement of copyright or trademark rights, PartyShark will remove and/or disable access to the allegedly infringing material and notify the alleged infringing party.
2.4 Getting Content Reposted That Is Not Infringing.
If PartyShark has removed your material from the Services, the fastest way to get your material reposted is to remove the portions of your material that are allegedly infringing. In most instances, we only allow users to re-post material we have removed in response to a takedown notice if the complaining party withdraws their complaint.
2.5 Notice Address.
If you do not wish to fill out and submit your takedown notice electronically, you may submit it in writing to the address below, which is the address of our agent for purposes of the Digital Millennium Copyright Act.
PartyShark, Inc.
2424 SE Bristol ST #300
Newport Beach, CA 92626
Attn: legal