DMCA
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Gift Nook respects the work of artists, photographers, designers and writers, and we expect the same from everyone who uses our site. This page explains how to tell us if you believe something on giftnook.shop infringes your copyright, and how the process works under the US Digital Millennium Copyright Act (DMCA). It also explains the counter-notice process for anyone whose material was removed by mistake. For trademarks and other intellectual property, and for our own rights in Gift Nook content, see the Intellectual Property Policy.
Copyright notices in short
- Where to send a notice: support@giftnook.shop, subject line “DMCA notice”.
- Postal address: Gift Nook, 5201 Georgia Ave, West Palm Beach, FL 33405, US.
- What to include: the six elements listed in section 3.
- Our response: we acknowledge within 24 hours on business days and act promptly on complete notices.
- Counter-notices: available if material was removed by mistake or misidentification.
1. What this page covers
This process covers copyright: the rights in original creative works such as illustrations, photographs, lettering artwork, poems and verses, product photography and website text. It applies to anything that appears on giftnook.shop, including product images, product designs, category banners and page text, as well as any customer content we publish, such as reviews by verified buyers.
Some concerns are not copyright issues. A brand name or logo is usually a trademark matter, and the use of someone’s likeness is a privacy or publicity matter. You can still contact us about those through the same email address, and we will handle them under our Intellectual Property Policy.
2. Before you send a notice
A personalized gift store sees a few common situations that look like copyright problems but are not:
- Short names and phrases. Names, dates and common short phrases such as “Est. 2014” or “Best Dad Ever” are generally not protected by copyright on their own.
- Similar ideas. Many shops sell birth flower suncatchers or family name ornaments. Copyright protects a specific artwork, not the general idea of a product.
- Your own photo on a customer’s gift. Customer photos are used only for that customer’s private gift and are deleted 30 days after delivery. If you believe someone ordered a gift using your photo without permission, contact us and we will look into it.
If you are unsure, email us informally first. We would much rather talk than have you prepare a formal notice you do not need.
3. How to send a copyright notice
To be complete under the DMCA, your notice must be in writing and include all of the following:
- A physical or electronic signature of the copyright owner or a person authorized to act for them.
- Identification of the copyrighted work you believe is infringed, for example a link to your original artwork or a description and a copy of it. If several works are involved, a representative list is enough.
- Identification of the material on giftnook.shop that you believe infringes, with enough detail for us to find it. The page URL is best; for an image, tell us which image on the page.
- Your contact information: name, postal address, telephone number and email address.
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.
Send the notice to support@giftnook.shop with “DMCA notice” in the subject line, or by post to Gift Nook, 5201 Georgia Ave, West Palm Beach, FL 33405, US. Email is faster.
4. What we do when we receive a notice
| Step | What happens | Timing |
|---|---|---|
| Acknowledgement | We confirm we received your notice | Within 24 hours on business days |
| Completeness check | We check the notice contains the required elements and ask for anything missing | Promptly after acknowledgement |
| Action | For a complete notice, we remove or disable access to the identified material | Promptly, and we tell you when it is done |
| Notice to the other party | If the material came from a third party, we inform them and tell them about the counter-notice process | When the material is removed |
| Follow-up | We record the case and apply our repeat-infringer rule | Ongoing |
If a notice is incomplete, we will reply explaining what is missing. We may not be able to act on an incomplete notice, but we will not ignore it.
5. Counter-notices
If material you provided was removed and you believe it was removed by mistake or misidentification, you may send a counter-notice. It must be in writing and include:
- your physical or electronic signature;
- identification of the material that was removed and where it appeared before removal;
- a statement, under penalty of perjury, that you have a good faith belief the material was removed as a result of mistake or misidentification;
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which Gift Nook may be found), and that you will accept service of process from the person who provided the original notice or their agent.
When we receive a complete counter-notice, we send a copy to the person who sent the original notice. If they do not tell us within the period set by the DMCA that they have filed a court action, we may restore the material.
6. False or misleading notices
Under the DMCA, anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages. Please make sure your claim is accurate, and consider getting legal advice if you are unsure whether material infringes your rights.
7. Repeat infringement
Where we publish content from third parties, such as verified buyer reviews, we may remove that content and restrict the account of anyone who repeatedly infringes copyright.
8. How we avoid infringement in the first place
Our product designs, graphics and website text are created for Gift Nook or used with permission. We do not print customer requests that include artwork, characters, logos or sports team marks the customer has no right to use; in those cases we contact the customer to agree a different design or cancel the order with a full refund, as our Terms of Service explain.
9. Worked example
An illustrator notices that one of our suncatcher product photos uses a floral border very close to her published artwork. She emails a notice with a link to her original, the URL of our product page, her contact details, the good faith statement and the accuracy statement, signed with her typed name. We acknowledge the next business day, remove the image while we review it, and confirm to her once it is down. We then review where the design came from and either replace it permanently or, if we believe there was a mistake, explain our position and the counter-notice route.
Frequently asked questions about copyright at Gift Nook
Do you check customer photos for copyright?
We look at every photo before printing, and we do not print photos that are obviously professional artwork, stock images with watermarks, or images of characters and logos. Customers confirm they have the right to use the photos they send. Photos are used only for that customer’s gift and are deleted 30 days after delivery.
Can I send a notice on behalf of a client?
Yes, if you are authorized to act for the copyright owner. Say so in the notice and include your own contact details as well as the owner’s name.
Will you tell the other party who complained?
If the material came from a third party, such as a reviewer, we may share your notice with them so that they can respond or send a counter-notice. If you prefer to share only limited contact details, use a business email address or your representative’s details in the notice.
How long does it take to remove material?
We act promptly on complete notices and confirm to you by email when the material has been removed or disabled. Incomplete notices take longer because we first need the missing details.
Can I ask you to stop selling a product entirely?
If the product’s design itself is the issue, removing the listing is usually the right outcome, and we will tell you what we have done. If only one image is affected, we may replace the image and keep the product.
What happens to existing orders
If a design is removed after a valid notice, we stop producing it. Customers who already ordered that design and have not yet received it will be contacted, offered an alternative and, if they prefer, refunded in full. Gifts already delivered stay with their owners, since they were bought for private, personal use.
Keeping records
We keep copies of notices and counter-notices, along with our replies and the action taken, so that we can apply the process consistently and respond to any follow-up questions. Personal details in those records are handled as described in our Privacy Policy.
A checklist before you press send
- Have you included a signature, typed or handwritten?
- Have you identified your original work clearly, ideally with a link?
- Have you given the exact URL on giftnook.shop and said which image or text is affected?
- Are your name, postal address, phone number and email address included?
- Have you included both statements, the good faith statement and the accuracy statement under penalty of perjury?
A notice that ticks every box lets us act on the first reading, without a back-and-forth.
Language and format
Notices can be sent in English as an email with attachments, or as a signed letter by post. If your evidence is large, such as a portfolio of artwork, a link to an online folder is easier than many attachments. We do not need originals of anything; copies are fine.
10. Other questions
For questions that are not copyright notices, such as an order, a delivery or a return, please use the regular support channels: Contact Us, Help Center or Submit a Ticket. Copyright notices: support@giftnook.shop, Gift Nook, 5201 Georgia Ave, West Palm Beach, FL 33405, US.
