If you encounter images, graphics or other intellectual property on Oh, That’s You.com
The Oh, That’s You.com community of users import images and graphics from other web locations using tools and services that we provide. Users import images, for example, so that they can create personal fashion collages in order to visualize clothing sets and “outfits” comprised of different clothing elements. For example, users might collect sets of jackets that they think look particularly fine when wearing blue jeans, or different types of skirts that look good with certain types of blouses or tops. It is our understanding that reproduction of retail related sales images in order to make purchasing recommendations is “fair use” as defined by the Copyright Act. If you disagree, you may contact us to ask us to remove the related image or graphic.
Often such use of graphics prompts our user base to make purchasing decisions based on suggestions made by other users. For example, images from a particular online retailer might be posted which leads to the purchase of the particular item as well as other clothing items offered by that retailer. This mixing and matching of items is designed to heighten interest in retail clothing and increase the sales of the clothing being pictured.
It is our policy to provide links from the images and graphics to the online website where the image originated from. By providing such links, our user community can click on the link and are given the opportunity to purchase the item from the originating retail website. These links also enhance the search engine traffic for the originating retail website.
If a copyright owner wishes us to remove any image, that copyright owner is invited to send us a properly worded DMCA take down notice and we will follow the outlined procedures of the Digital Millennium Copyright Act.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or has been used as authorized by the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To expedite our ability to process your request, such written notice should be sent to our designated agent via this surface address:
Oh, That’s You.com
PO BOX 3904
Los Altos, CA 94024
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please do not make false claims as they can lead to you being sued by the person or entity you are making the false claim against.
Please also note that the information and personally identifiable content provided in your DMCA legal notice may be forwarded to the person or entity that provided the allegedly infringing content as a part of the DMCA’s requirements for due legal process.
Counter-Notification
Counter Notifications may be sent to the surface address listed above. Counter Notifications must be in the proper form and content as stated by the Digital Millennium Copyright Act.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
BACK TO TOP