|Use of Trademarks on Our Site
Logos shown on products on our web site appear only to illustrate the products we offer and the variety of ways in which they can be decorated. The use of logos that are trademarks or copyrighted work of other companies are never intended to suggest that Opentip.com owns the rights to those trademarks, or that Opentip.com would make those products featuring the trademarked logos of others available to any purchaser without the permission of the owners of the trademarked or copyrighted art or copy.
Additionally, the contents of the Opentip.com web site, including, but not limited to, the arrangement and assembly, text, graphics, logos, button icons, images, audio clips and software, are copyrighted materials owned by Opentip.com.
Customer's Right to Use Trademarks
Any customer ordering custom-imprinted merchandise from Opentip.com represents and warrants to Opentip.com that he or she has the unrestricted right and authority to use, copy and distribute each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property in the way it is applied to promotional merchandise. Purchase of merchandise from Opentip.com in no way, shape or form grants a customer permission to reproduce logos, nor does it transfer, grant, or lease ownership of any logos or trademarks to a customer.
To use any logo a customer MUST have written permission from the registered owner of the logo or trademark, or be an authorized agent or affiliate of the registered owner of the logo. A customer may NOT use any logo in a manner that may infringe copyright laws. A customer also may NOT use any logo in a vulgar, illegal, and/or unlawful manner. Opentip.com assumes no responsibility for damages or any wrong doing that the purchaser may cause using a logo. Opentip.com shall not be held liable for the unauthorized, improper, or illegal use of any logo or trademark that is applied to promotional merchandise purchased through Opentip.com. Opentip.com will also not accept responsibility or liability for the actions of clients who have misrepresented their ownership of licenses or trademarks. Opentip.com will reserve the right to refuse orders from any customer who has violated or otherwise infringed upon the intellectual rights of others.
Opentip.com will not accept responsibility for claims of infringement arising out of Opentip.com' manufacture or sale of any custom merchandise (i.e., merchandise not currently in Opentip.com' catalogue) the design, appearance, functionality or specifications of which are requested by the Customer.
Zero Tolerance on Counterfeit Items or Unauthorized Copies
We don't allow replicas, counterfeit items, or unauthorized copies to be listed for sale on Opentip.com Unauthorized copies may include things that are bootlegged, illegally duplicated, or pirated.
If any product custom made for a customer is seized by law enforcement due to suspicion of copyright or trademark infringement, the customer who places such an order is solely responsible for the entire losses. The customer is still responsible for full payment of the placed order even if the products cannot be delivered after seizure by law enforcement. Upon verification that an item is counterfeit, management may report the facts and circumstances to law enforcement or other designated authority, and will dispose of as instructed.
Opentip.com, Inc. ("Opentip.com") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). Opentip.com will respond to notices of this form from jurisdictions other than the U.S. as well. The address of Opentip.com's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
Opentip.com may act expeditiously to respond to a proper notice by removing or disabling access to material claimed to be subject of infringing activity. If Opentip.com removes or disables access in response to such a notice, Opentip.com will make a good-faith attempt to contact the allegedly infringing vendor so that they may make a counter notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Opentip.com.
If you believe that material residing on or accessible through the Opentip.com web site or service infringes a copyright or other intellectual property right, to provide Opentip.com of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed below. Please specify the type of infringement at issue and the notice must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail - not by email, except by prior agreement);
2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
3. Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Opentip.com is capable of finding and verifying its existence (for listings, please provide item numbers);
4. Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Opentip.com on the owner's behalf, the address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law;
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
B. Removal of Allegedly Infringing Material
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, Opentip.com may remove or disable access to the material infringing upon the intellectual property.
If a counter-notice from the vendor is received by the Designated Agent, Opentip.com may send a copy of the counter-notice to the original complaining party informing that person that Opentip.com may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the vendor, the removed material may be replaced or access to it restored in 30 business days after receipt of the counter-notice, at Opentip.com's discretion.
Please contact Opentip.com's Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Find Import Corporation
Attn: Legal Department
101 First Street
Cambridge, MA 02141
E-mail: Contact Us Online