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\nNative Heart Tee sells clothing, blankets, decor and gifts printed with nature art: wolves, eagles, bears, feathers, mountains and night skies. Artwork is central to what we do, and we know how much work goes into a single design. We respect the rights of artists, illustrators and photographers, and we expect the same respect for our own designs.
\nThe United States Digital Millennium Copyright Act (DMCA) sets out a process that lets copyright owners ask online services to remove infringing material, and lets people whose material was removed by mistake ask for it to be restored. We follow that process for content on nativehearttee.com, including product images, design artwork, page text and anything else published on the site. Customers and creators in Canada, Australia and New Zealand may use the same process; we respond in the same way regardless of where you are.
\nA DMCA notice is a legal document. Sending one that knowingly misrepresents that material is infringing can make the sender liable for damages. Before you send one, please consider:
\nIf you are unsure, you are welcome to email us informally first. Many concerns can be resolved by a conversation, and we would rather hear about a problem early.
\nSend your notice by email to support@nativehearttee.com with the subject “DMCA Notice”, or by post to the address above. To be complete, a notice must include:
\nScreenshots, dates of first publication and side-by-side comparisons are not required but help us review the notice faster.
\n| Step | \nWhat we do | \nTypical timing | \n
|---|---|---|
| Acknowledge | \nConfirm receipt and tell you if anything is missing from the notice | \nWithin 1 business day | \n
| Review | \nCheck that the notice is complete and the URLs match | \nSame day as acknowledgement where possible | \n
| Remove or disable | \nUnpublish the product or page, or remove the specific image or text | \nNormally within 2 business days of a complete notice | \n
| Stop production | \nInstruct print partners not to print the design for new orders | \nAt the same time as removal | \n
| Notify | \nTell the person responsible for the material, where that is not us, and explain counter-notices | \nAfter removal | \n
If a notice is incomplete, we will tell you what is missing. We may not be able to act on a notice that does not identify the material clearly enough for us to find it.
\nIf an order containing a removed design has not yet entered production, we cancel that item and refund the customer. Items that were already printed and shipped before we received the notice are handled case by case; we will tell the copyright owner what was sold if they need that information for their claim and the law allows us to share it.
\nIf material was removed because of a notice and you believe that was a mistake or a misidentification, you can send a counter-notice to the same address. It must include:
\nWhen we receive a complete counter-notice, we forward it to the person who sent the original notice. If they do not tell us within 10 to 14 business days that they have filed a court action to stop the infringement, we may restore the material.
\nOur own designs are created for Native Heart Tee or licensed from artists. If we ever work with outside designers, any designer whose work is repeatedly the subject of valid notices will no longer be able to supply designs to us. Customers who repeatedly submit infringing personalised text or artwork may have their accounts closed.
\nSome products let customers type a name or short phrase. We do not print song lyrics, quotations from books or other copyrighted text in personalisation fields unless the customer has permission. If you see such content on our site or believe we printed it, use the notice process above.
\nNotices must be made in good faith. Under United States law, anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages, including costs and legal fees. We may decline to act on notices that are clearly abusive, for example notices that target a shared theme rather than specific copying, or that are sent to remove a competitor’s legitimate products.
\nOur artwork is also copied by others from time to time. If you see a Native Heart Tee design on another website or marketplace and suspect it is not authorised, we would be grateful if you let us know at support@nativehearttee.com with a link. We never ask customers to file notices on our behalf; we handle that ourselves.
\nCopyright contact: Nativehearttee, 160 Azure St., Morro Bay, CA 93442, United States. Email: support@nativehearttee.com (subject “DMCA Notice” or “DMCA Counter-Notice”). We reply within 1 business day, Monday to Friday, Pacific Time.
\nRelated pages: our Intellectual Property Policy, our Terms of Service and our Privacy Policy, which explains how we handle the personal information included in notices.
\nNotices and counter-notices contain personal information such as names, addresses and phone numbers. We use that information only to process the notice. When we forward a notice to the person responsible for the material, or a counter-notice to the person who sent the original notice, the contact information included is shared as the DMCA process requires. We keep copies of notices for as long as needed to handle the matter and any related dispute, and as required by law.
\nNo. Copyright exists from the moment an original work is created. A registration number helps us identify the work, but it is not required for a notice.
\nYes, as long as they state that they are authorised to act on the copyright owner’s behalf and include the elements listed above.
\nIf the material was supplied by someone other than us, the notice, including your contact details, may be forwarded to them so they can respond. That is how the counter-notice process works.
\nYes. We email you confirmation once the product or page has been unpublished, with the URLs affected.
\nYes. Product photos, lifestyle images and graphics on our pages are covered by the same process. Identify the exact image, for example by right-clicking it and copying the image address, and explain where your original was published.
\nTell us straight away with the new URL. Once we have removed material after a valid notice, it should not be published again unless a counter-notice process has ended in its favour, and a reappearance is treated as an error to be fixed immediately.
\nWe remove the page from our site and our sitemaps. Search engines usually drop removed pages from their results on their next visit; we cannot control their timing, but removed product pages return a “not found” or “gone” response, which speeds up the process.
\nIf you are an artist and you have found your work on our site, we are sorry for the trouble. Please know that a complete notice will be acted on quickly and courteously, and that you do not need a lawyer to send one. If you would like to discuss licensing a design to us properly instead of having it removed, say so in your message; we are always glad to pay artists for their work.
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