Intellectual Property Policy
Big Stitchy LLC
2590 Lake Manor Dr
Land o Lakes, Fl 34639
Last Updated: Jan 20, 2021
This Intellectual Property Policy (the “IPP”) outlines the responsibilities and rights of registered and non-registered users (each a “User,” and collectively, the “Users”) of our applications, software, products, and services (collectively, the “Service”) with regard to the intellectual property of Users and of Big Stitchy LLC Inc. (“Big Stitchy LLC”). This document is an important contract between Big Stitchy LLC and our Users, and as such, we have tried to make it as clear as possible. In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace or misrepresent the full text. For the avoidance of doubt, “intellectual property” refers to copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and all other such rights.
Summary: These terms are used throughout this IPP and it’s important that you understand what we are referring to when we use them.
Terms not defined in this section shall have the meaning provided elsewhere in the Terms of Service.
- “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that You create or own, otherwise, Big Stitchy LLC manages and retains rights to the Content.
- “Customers” refer to individuals or companies that purchase Your Products in Your Sales Channel.
- “Order” refers to Your Product once it has been purchased by You or Your Customers. “Produced Orders” refers to Orders that have been completed and shipped.
- The “Products,” refers to the all products offered by the different Providers on our Website, including, but not limited to clothing, accessories, home decor, or kitchenware. “Your Products” refers to Products you create by adding Your Content using our Service. “Your Mockups” are visual representations of Your Products created by Our Service.
- “Providers,” refers to the organizations and companies that Big Stitchy LLC partners with in the scope of its Service to offer Products to You.
- “Sales Channels,” or “Stores” refers to the other websites and platforms that You use to sell Your Products, including but not limited to Shopify, Woocommerce, or Etsy.
- “Us” and “We” refers to Big Stitchy LLC, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees
- “User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
- “Website” refers to Big Stitchy LLC’s website located at Big Stitchy LLC.com, and all content, services and products provided by Big Stitchy LLC at or through the Website. It also refers to Big Stitchy LLC-owned subdomains of BigStitchy.com, such as apps.Big Stitchy.com. These Terms also apply to BigStitchy.com and all subdomains of BigStitchy.com such as apps.BigStitchy.com. These terms also govern the use of Big Stitchy LLC plugins such as those available in the Shopify App store , Woocommerce, Etsy, or those we will create in the future. Occasionally, Big Stitchy LLC plugin pages and websites owned by Big Stitchy LLC may provide additional or different terms of service. If those additional terms conflict with this IPP, the terms in the additional terms with regard to the matter in conflict shall apply.
When You use Our Services and Content, You are agreeing to:
- This Intellectual Property Policy
- Our Terms of Service
- Any other terms or policies we reference in any of the above.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, this IPP constitutes the entire Agreement between Big Stitchy LLC and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Big Stitchy LLC and You in relation to the access to and use of the Service.
If any provision of this IPP is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Questions about this Intellectual Property Policy? Contact us.
C. When Does This IPP Apply?
Summary: By using Big Stitchy LLC, You are agreeing to all the terms below.
By using the Service, You are agreeing, on behalf of Yourself and those You represent, to comply with and be legally bound by this Agreement and all applicable laws. If You do not agree with any provision of this IPP, You must discontinue the registration process, discontinue Your use of the Service, and, if You are already registered, delete Your account.
D. Can This IPP Be Modified?
Summary: We can change these terms, and if the changes are big, we’ll let You know.
Big Stitchy LLC reserves the right to revise this IPP from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of this IPP reflects the date of the last modification. Your use of the Service following the effective date of any modifications to this IPP will constitute your acceptance of such revised IPP. If You do not agree to the new terms, You should stop using the Service and delete Your account.
E. How Does Big Stitchy LLC Handle Intellectual Property Right Claims?
Big Stitchy LLC respects the intellectual property rights of others and we expect people using our Service to do the same. It is our practice—in appropriate circumstances and at our discretion—to either disable or terminate the accounts of Users who infringe or are repeatedly charged with infringing copyrights or other intellectual property rights of others.
Big Stitchy LLC prohibits the use of our Service to sell counterfeit goods. A User printing and selling counterfeit goods through our Service may be held liable for selling counterfeit products if such User has reason to know or knows that the products are counterfeit.
Summary: We’re passionate about helping people run their own businesses and as such we feel strongly about other people getting in the way of that by stealing intellectual property.
Big Stitchy LLC allows Users to upload Content to our platform to create User Products to sell. Subject to the terms outlined in the Big Stitchy LLC Terms of Service, Users alone are solely responsible for such User’s Content. However, We retain the right, at our sole discretion, to reject the production of User Products that contain Content that we have reason to believe may be infringing copyrights or other intellectual property rights of others.
Summary: Although You alone are responsible for the content You upload, we can refuse to produce any products with content we believe might be infringing on others’ rights.
If You believe that the Content in question does not infringe on intellectual property rights of others, You should contact Big Stitchy LLC Customer Care with proof clearly outlining Your rights to use the Content.
If You notice infringement of Your copyrights or other intellectual property rights on Big Stitchy LLC, You can notify Us as follows. Please note that Big Stitchy LLC cannot provide You with legal advice or representation, and We recommend that You speak with a licensed attorney in Your jurisdiction if You are seeking legal advice. If You are a copyright holder or are authorized to act on behalf of one, You may report alleged copyright infringements on the Service by completing the Digital Millennium Copyright Act (“DMCA”) Notice of Alleged Infringement (the “DMCA Notice”). In accordance with the Digital Millennium Copyright Act, which You can find on the US Copyright Office website, We will respond as quickly as we can to claims of suspected copyright infringement that are reported via our DMCA Notice of Alleged Infringement or to Support@BigStitchy.com.
Upon receipt of Your DMCA Notice, We will notify the User responsible for uploading the corresponding Content and will provide the User with an opportunity to respond. We will take whatever additional action we deem appropriate, which may include removing the reported content from Big Stitchy LLC. Please note that it may take up to 10 business days to process, review, and act on Your request.
Summary: Big Stitchy LLC respects intellectual property rights. If We receive a DMCA Notice, We may disable access or remove the allegedly infringing content from Big Stitchy LLC Stores. If Your Content is removed and You think the claim is invalid, You can respond and let us know why. If You believe one of our Users is infringing on Your intellectual property rights, please send Big Stitchy LLC a DMCA Notice. We may remove the content and will certainly notify the Merchant.
Big Stitchy LLC respects the trademark rights of others. Accounts with usernames, board names, or any other content that may mislead or violate another’s trademark will need be updated or may be permanently suspended.
If You are concerned that someone may be using Your trademark in an infringing way on our Website, let Us know by completing our Trademark Violation Form. We will review Your complaint and take whatever action We deem appropriate, which may include temporary or permanent removal of the Content in question.
Summary: Big Stitchy LLC also takes issues of trademark violations seriously and if We receive a complaint of a purported trademark violation, We will investigate and may remove potentially infringing content.
F. What Can You Do If Your Content Was Removed from Big Stitchy LLC?
Summary: If You believe the complaint raised regarding Your Content is improper, follow the proper instructions below and We will help You sort things out.
If You received a notification that Your Content has been removed as a result of a copyright complaint, it means another User reported that they own the rights to the Content, and requested that We remove Your Content. If You want us to forward the information from the copyright complaint notification, email us at support@BigStitchy.com to let us know. Please note that We may remove some personal contact information from the original complaint.
If Your Content is the subject of repeated copyright complaints, We may disable Your account altogether.
If You think We made a mistake by removing Your Content, You can file a counter-notice with Us, by following the directions and requirements below. When We get a counter-notice that includes all of the information required, We will remove the complaint from Your account’s record.
Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure You have a good faith belief that We removed Your Content in error, and that You understand the repercussions of submitting a false claim. If Big Stitchy LLC is the subject of a legal cause of action on account of your false claim, You will be added to the claim and Big Stitchy LLC will not be liable for such false claim. In addition, Big Stitchy LLC may at its sole discretion delete Your account and refuse future service, which includes cancelling any orders that are active at the time, with no refund to you.
To submit Your counter-notice, email us at support@BigStitchy.com and include all of the following information:
- Your name, address and phone number.
- The DMCA ID found at the bottom of the notification email You received from us.
- The web address of the Content We removed (copy and paste the link from the notification email).
- A statement under penalty of perjury that You have a good faith belief that Your Content was removed in error.
- A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which your address is located or, if Your address is outside of the United States, for any judicial district in which Big Stitchy LLC may be found, and that You agree to accept service of process from the entity who provided the original complaint.
- A physical or electronic signature (for example, by typing Your full name).
- Any additional information you have showing that You own or are otherwise entitled to use the Content at issue.
If You received a trademark complaint notification from Us, You can contest it by emailing support@BigStitchy.com and letting Us know why You think the complaint is invalid. Please include the trademark complaint reference number from the notification. If You want Us to forward the info from the trademark complaint notification, let Us know and We’ll be glad to send it along although We may remove personal information.
G. What Are You Agreeing to Under This IPP?
By uploading Your Content on the Service, You represent and warrant that: (i) You either own the Content posted by You on or through the Service or that You otherwise have the legal right and authority to use Your Content; (ii) the posting and use of Your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) You agree to pay for all royalties, fees, and any other monies owed through use of Your Content on the Service; and (iv) You have the legal right and capacity to enter into this Agreement.
If You are unsure about your rights regarding the usage of Your Content, You agree to perform all due diligence on Your part to ensure that Your Content is free for You to use on the Service.