DMCA
College Touchdown provides an internet-based platform where independent artists can design and sell custom NCAA football merchandise. We are committed to protecting intellectual property rights and contractually prohibit our users from designing or selling products that infringe on third-party rights, including without limitation copyright, trademark, and related rights. If you believe that a user on the College Touchdown platform has infringed your intellectual property rights, please follow the procedure outlined below to report it.
A. Procedure for Reporting Intellectual Property Infringement:
It is College Touchdown’s policy to (1) remove or block access to any content (including without limitation text, graphics, and photos) that we believe in good faith to infringe the intellectual property rights of third parties after receiving a valid notice; and (2) terminate access for repeat infringers.
If you believe that content on College Touchdown infringes your intellectual property rights, please send a notice of infringement containing the following information:
- Identification of the copyrighted work or other intellectual property that you claim has been infringed, including the registration number(s) for any such material, if applicable.
- Identification of the content you claim has infringed on the identified intellectual property, including (a) a description of how the material in question infringes upon your intellectual property rights and (b) the location of the material on College Touchdown’s website with enough detail that we can locate it.
- Your contact information, including your full name, mailing address, telephone number, and email address.
- A statement that you have a good faith belief that the disputed use of the content is not authorized by the rights holder, their agents, or the law.
- A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder.
- An electronic or physical signature of the person authorized to act on behalf of the rights holder.
B. Once a Bona Fide Infringement Notification Is Received:
Upon receiving a valid notification, College Touchdown will:
- Remove or disable access to the allegedly infringing content.
- Notify the member responsible for the content that has been removed or disabled.
- Terminate access for repeat infringers, removing infringing content from the platform.
C. Counter-Notice Procedure:
If the member responsible for the removed content believes that the content is not infringing, or that they have the right to post and use the content from the rights holder, their agent, or according to the law (such as fair use), they may submit a counter-notice. This counter-notice must include the following information:
- Identification of the content that has been removed or disabled, and the location where it appeared on College Touchdown’s website before it was removed.
- A statement, made under penalty of perjury, that you have a good faith belief that the content was removed or blocked as a result of a mistake or misidentification of the material in question.
- Your contact information, including full name, mailing address, telephone number, and email address.
- A statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located, or if your address is outside of the USA, for any judicial district in which College Touchdown is located, and that you will accept service of process from the person who provided the original notification of the alleged infringement.
- Your electronic or physical signature.
D. Content Restoration Process:
If we receive a valid counter-notice, College Touchdown may send a copy of the counter-notice to the original complainant, informing them that we may replace the removed content or cease disabling access to it in 10 business days. Unless the rights owner files an action seeking a court order against the member, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the receipt of the counter-notice, at College Touchdown’s discretion.
Please note that under Section 512(f) of the DMCA, anyone who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney’s fees.