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DMCA Policy

DMCA Policy

M&S Underperforming Stores ("we", "us", or "our") respects the intellectual property rights of others and expects its users to do the same. This Digital Millennium Copyright Act (DMCA) Policy outlines our procedures for addressing alleged copyright infringement on our platforms and services.

In accordance with the DMCA, we will respond promptly to notices of alleged infringement that are reported to our designated Copyright Agent, provided such notices comply with the requirements detailed below.

Filing a DMCA Infringement Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via M&S Underperforming Stores' services, please provide a written DMCA infringement notice to our Copyright Agent containing substantially the following information:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
  2. Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
  3. 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 us to locate the material (e.g., a specific URL or description of its location).
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a valid DMCA notice, we will investigate the matter and take appropriate action, which may include removing or disabling access to the allegedly infringing material.

Filing a DMCA Counter-Notification

If you believe that your content was removed or disabled as a result of mistake or misidentification, you may file a counter-notification with our Copyright Agent. For your counter-notification to be valid under the DMCA, you must provide the following information in writing:

  • Your physical or electronic signature.
  • 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.
  • A statement under penalty of perjury that 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.
  • Your name, address, and telephone number.
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the U.S., for any judicial district in which M&S Underperforming Stores may be found, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

Upon receipt of a valid counter-notification, we will send a copy to the original complaining party. Unless the copyright owner files an action seeking a court order against you within 10-14 business days of receiving the counter-notification, we may, at our sole discretion, replace or re-enable access to the removed material.

Contact Information

For all DMCA-related inquiries and communications, including the submission of infringement notices or counter-notifications, please refer to our contact page to reach our designated Copyright Agent.