Copyright & DMCA Policy - CGStore.art

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Introduction

CGStore.art respects the intellectual property rights of others and expects its users to do the same. The Platform operates as a technical intermediary and adheres to the "Safe Harbor" provisions. This policy outlines the official procedures for reporting content believed to infringe upon copyrights and how to respond to such claims. This policy applies to all services including Marketplace files and Creator Hub posts.

Designer's Responsibility (Content Creator)

  • You (the designer or user) expressly acknowledge and agree that you bear full legal responsibility for all content you upload or publish on the platform.
  • By agreeing to the "Terms of Use" and uploading any content, you warrant that you own all rights and licenses necessary for this content, or that it is your original creation.
  • The platform is a technical intermediary and not a publisher, and it disclaims all liability for any infringements committed by its users.

Procedure for Submitting a Notice of Infringement

To ensure swift and effective action, all infringement claims must be submitted exclusively through the platform's mandatory DMCA Complaint Form, accessible via the official "Report" page. The form must contain the following information completely and accurately:

  • Rights Holder Information: Full name, title (owner or legal agent), and official email address.
  • Description of the Infringed Work: A detailed description of the original copyrighted work, including proof of ownership (such as a link to the original work).
  • Link to Infringing Content: The exact and direct URL of the infringing content on the CGStore.art platform.
  • Binding Legal Statement: A statement made under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or are legally authorized to act on their behalf.
  • Important Note: Notices that do not meet all of the above requirements will not be considered valid legal notices.

Platform's Procedures Upon Receiving a Valid Notice

Upon receipt of a complete and valid notice, the Platform commits to taking the following actions:

  • Preliminary Verification: A review of the provided evidence to prevent fraudulent claims.
  • Prompt Takedown: Disabling access to the infringing content and removing it from public view on both the website and the mobile application.
  • Notification: Sending a notification to the user who posted the content (via email and internal notifications), which includes a copy of the complaint.

Zero-Tolerance & Immediate Confiscation Policy

The Platform adopts a strict, non-negotiable policy regarding intellectual property infringement and does not utilize a gradual strike system. Upon verification of infringement:

Immediate Termination

The infringing content will be removed, and the user's account will be permanently terminated and deleted upon the first verified offense. The user will be placed on a blacklist.

Absolute Confiscation

All pending or available financial balances, as well as any earned points, are immediately and permanently confiscated. This serves as non-appealable compensation for potential legal and technical damages incurred by the Platform.

Counter-Notice Procedure

  • If a user believes their content was removed by mistake, they have the right to file a "Counter-Notice" within 10 business days by replying to the takedown notice.
  • The Counter-Notice must include evidence of ownership and the user's consent to the jurisdiction of the Egyptian courts.
  • The removed content will be restored within 10 to 14 business days unless the complainant notifies us that they have filed a court action.

Disclaimer and Safe Harbor Principle

CGStore.art expressly declares and affirms the following:

  • Technical Intermediary: The Platform is solely a technical intermediary and service provider and does not pre-screen all content uploaded by users. We rely on a "Publish Now, Moderate Later" model.
  • Commitment to Takedown: The Platform adheres to the "Notice and Takedown" procedure. Upon receipt of a valid notice, we will promptly remove the infringing material.
  • Disclaimer of Liability: Based on its role as a technical intermediary, the Platform assumes no direct liability for copyright infringements committed by its users. The full liability rests with the designer who uploaded the content.

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