Overview of Intellectual Property
There are several international treaties relating to intellectual property, but laws relating to this are not uniform across the world. In general, copyright law protects the expression of an original idea recorded in a tangible form, such as artwork in the form of photographs or paintings and literary works in the form of poems or stories. Trademark law protects the use of words, symbols, designs, or logos that identify and distinguish a source of goods. Publicity rights protect an individual's name, image, and likeness.
In some circumstances, it is possible to use a copyrighted work without infringing the owner's copyright. For example, in many countries, copyrights are limited by the doctrine of "fair use," which permits certain uses of copyrighted material, such as parody, satire, and social commentary. However, the interpretation and application of these principles is complex and highly dependent on individual circumstances.
Artist Responsibility
smileonstyle accepts unsolicited designs from independent artists who have been informed of and have agreed to our policies concerning the intellectual property rights of others. All artists confirm upon submission of their designs that their design is entirely their own work, that it does not infringe upon the rights of others, and that they have all necessary permissions.
It is fundamental to understand that smileonstyle does not produce designs and does not own the rights to any submitted designs. All rights to the designs remain entirely with the individual artists who submitted each design. This clear separation also means that legal responsibility for the content of the designs lies with the artists.
Reporting Infringements
smileonstyle respects the intellectual property rights of others and we insist our users do the same. If you believe that your content has been used on our website in a way that constitutes an infringement of your rights, please notify smileonstyle's designated agent for complaints immediately.
An effective notice must include an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant rights. It should contain a detailed description of the material claimed to have been infringed, as well as an accurate description of the location of the allegedly infringing content on the smileonstyle website. URLs should be provided in the form https://www.smileonstyle.com/product/name-of-design so that we can locate the material in question.
The notice must also include your address, telephone number, and email address. You must provide a statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law. Finally, you must provide a statement, made under penalty of perjury, that the above information is accurate and that you are authorized to act on behalf of the owner of the rights involved.
Designated Agent for Complaints:
Email: support@smileonstyle.com
Address: Flat/Rm 401, 4/F, Wanchai Central Building, 89 Lockhart Road, Wan Chai, Hong Kong
If Your Work Has Been Included in a Notice
If the smileonstyle team has received a notice which specifically names one or more of your works, the named works will have been removed. You will not be able to view or update these works. The notice received may or may not have also included other works by other artists. By removing the work, we are not stating that your work does or does not infringe copyright, trademark, or publicity rights law.
We have a legal obligation to act on notices filed in accordance with our intellectual property policy. While the work may not have been a direct copy of someone else's work, it may contain elements, logos, or personal likenesses which may infringe on another's rights.
If you believe a notice was in error or should not apply to your work, you have the right to file a counter-notification. Please note that smileonstyle is legally not able to provide individual copyright, trademark, or publicity rights advice, or give personal opinions on these matters. We recommend that you research the relevant copyright, trademark, and publicity rights laws and their application to your work on the Internet, or consult an intellectual property specialist if you are unsure why your specific work may have been included in a notice.
Filing a Counter-Notification
If you believe that removal of the content is the result of a mistake, such as that you have authorization, or misidentification, you can send us a counter-notification. Such counter-notification must provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter
- A description of the content which we have removed, including the URL on which the content was located on the smileonstyle website
- Your address, telephone number, and email address
- A statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
You can send a counter-notification to: copyright@smileonstyle.com
Process After Filing a Counter-Notification
If we receive your counter-notification but your work does not comply with the smileonstyle Terms of Use and intellectual property policy, we may inform you that we are not able to reinstate your work. We may also request further information from you in order to determine whether the work can be reinstated.
In many circumstances, however, we will forward your counter-notification directly to the complainant, which will include your personal contact information. At that time the complainant may take legal court action against you.
If after 14 days the complainant has not taken legal action against you, you may contact us to request that we reinstate your work. If your work otherwise complies with our Terms of Use and intellectual property policy, we may reinstate your work at that time.
Repeat Infringers
smileonstyle reserves the right to suspend or terminate accounts of users who repeatedly infringe the intellectual property rights of others.
Contact
If you have questions about this policy, please contact us at:
Email: support@smileonstyle.com
Address: Flat/Rm 401, 4/F, Wanchai Central Building, 89 Lockhart Road, Wan Chai, Hong Kong
Business Registration Certificate Number: 74365680-000-08-24-A