Popup respects intellectual property rights and expects its users to do the same. Popup responds expeditiously to claims of copyright infringement committed using the Services. In accordance with applicable law (including the Digital Millennium Copyright Act of 1998), Popup will, under appropriate circumstances, terminate the accounts of repeat copyright infringers. We also reserve the right, in our sole discretion, to terminate any account for actual or apparent copyright infringement.

Last updated on: September 6, 2022

Copyright Infringement
‍
We do not allow any content that infringes copyright. The use of copyrighted content or material of others without proper authorization or legally valid reason may lead to a violation of Popup's policies.

At the same time, not all unauthorized uses of copyrighted content constitute an infringement. In many countries, exceptions to copyright infringement allow the use of copyrighted works under certain circumstances without authorization. These include the fair use doctrine in the United States, United Kingdom and permitted acts of fair dealing in the European Union (and other equivalent exceptions under applicable local laws in other countries).

Removal of Content; Suspension or Termination of Account

Any content or material that violates another’s trademark rights may be taken down. The account may be suspended or terminated for multiple copyright violations in connection with the use of the Popup services or other violations of the Terms of Service and Acceptable Use Policy. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on Popup’s site, or otherwise hosted by Popup.

Submitting a Notice of Infringement

‍To submit a notice of claimed copyright infringement, you will need to provide us with the following information:
i) Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);
ii) Identification of the infringing material and information reasonably sufficient to permit Popup to locate the material on the Services;
iii) Your contact information, including name, address, telephone number and email address;
iv) The following statements:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”; and 
v) A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.
vi) Deliver this notice, with all items completed, to legal@popup.store  

Popup’s response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material. Please note that information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content.

Bad Faith Notices

‍Please be aware that under applicable law you may be liable for any damages, including without limitation costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you’re unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

Submitting A Counter-Notification

‍If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. To submit a counter-notice, please respond to our original email notification of removal with the following information:
‍
i) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice);
ii) Your name, address and telephone number;
iii) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Delaware if your address is outside of the United States), and that you will accept service of process from the person who provided the original notification or an agent of such person;
iv) The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and
v) A physical or electronic signature (typing your full name will suffice).

Upon receipt of a valid counter-notification, Popup will forward it to the notifying party who submitted the original notice of infringement.
The notifying party will then have ten business days to notify us that they have filed legal action relating to the allegedly infringing material. If we don’t receive any such notification within ten business days, we may restore the material to the services.

Trademark

‍A trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.

‍Trademark Infringement

‍Trademark laws prohibit trademark infringement, which is generally the unauthorized use of a trademark or service mark in connection with goods or services in a way that is likely to cause confusion, deception or mistake about the source, origin, sponsorship or affiliation of the associated goods and/or services.At the same time, the use of another’s trademark for purposes of accurately referencing, lawfully commenting, criticizing, or reviewing the trademark owner’s products or services, or for purposes of comparing them to other products or services, where the mark is not used to designate the user’s own goods or services or those of a third party, is generally not considered a violation of our policies. 

‍General Note

‍As a Popup user, you are responsible for the content and material you post. If you have questions about copyright law or trademark law, such as questions about whether your content or your use of another person’s name or brand infringes or otherwise violates another person’s rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s right, you may also want to first seek legal advice before reporting such content to us.

We may modify this Copyright Policy from time to time, and will post the most current version on our site.