1. About this document
1.1 This document is one of the documents listed in section 4.2 of our Terms of Service and carries out section 10.6 of those terms for copyright. Tokyofishmarket is operated by Manda SENC, 418, avenue des Pins Ouest, bureau 40, Montréal (Québec) H2W 1S2, Canada.
1.2 This document applies to every kind of user-generated content on the platform: Circle posts and comments, marketplace listings and their images, collection showcase photos, avatar and profile content, and contributions to the product catalogue.
2. Designated agent
2.1 Our designated agent for copyright notices is Manda SENC, 418, avenue des Pins Ouest, bureau 40, Montréal (Québec) H2W 1S2, Canada, reachable at dmca@tokyofishmarket.com.
3. Filing a takedown notice
3.1 If you believe your copyrighted work is used on the platform without authorisation, send a notice to our designated agent. Your notice must include:
- your physical or electronic signature;
- identification of the copyrighted work you say is infringed;
- identification of the material to be removed, with its URL;
- your contact information: name, address, telephone number and email address;
- a statement that you believe in good faith that the use is not authorised;
- a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the rights holder or are authorised to act on their behalf.
4. How we process notices
4.1 Once a notice meets the requirements in section 3, we remove or disable access to the material it identifies. We notify the user whose content was removed, record the notice, and preserve the evidence the law requires us to keep.
5. Counter-notification
5.1 If your content was removed and you believe it was a mistake or a misidentification, you may file a counter-notice. It must include:
- your physical or electronic signature;
- identification of the removed material and where it previously appeared;
- a statement, made under penalty of perjury, that the removal was a mistake or a misidentification;
- your consent to the jurisdiction of the federal court for the district where you live, or, if outside the United States, for any district where we may be found, and that you will accept service of process from the person who filed the original notice;
- your name, address and telephone number.
6. Repeat infringers
6.1 A copyright violation is handled under section 14 of the Terms of Service, proportionately to the breach and how often it happened:
- first notice upheld against an account: removal of the content and a warning;
- second: removal of the content, a suspension, and a final warning;
- third: termination of the account.
6.2 You may appeal a decision under this document, as Reporting Illegal Content and Appealing Our Decisions describes.
7. Safe harbour
7.1 We act as a hosting service provider and rely on the safe harbour available to such providers under the law, including 17 U.S.C. § 512 for content accessed from the United States and Canada's notice-and-notice regime under the Copyright Act for content accessed from Canada.
8. False claims
8.1 Filing a false takedown notice or a false counter-notice may carry legal consequences for you. Under 17 U.S.C. § 512(f), a person who knowingly makes a material misrepresentation in a notice or a counter-notice can be liable for damages, including costs and attorney's fees.
9. Changes and contact
9.1 We change this document only as section 19 of the Terms of Service allows. Every version is kept and dated, and the history is linked from the foot of this page.
9.2 Copyright notices and counter-notices: dmca@tokyofishmarket.com. Other legal notices: legal@tokyofishmarket.com. Manda SENC, 418, avenue des Pins Ouest, bureau 40, Montréal (Québec) H2W 1S2, Canada.