Effective Date: October 15, 2026 Version: 1.0 Applies to: Copyright owners and their authorized agents, and all persons who submit content to the Platform.
Article 1: Introduction and Scope
1.1 This document states the procedure by which a copyright owner notifies the Company of claimed infringement on the Platform, the procedure by which a User whose material was removed responds, and the Company's policy for terminating the Accounts of repeat infringers. It implements the notice-and-takedown procedure of the Digital Millennium Copyright Act, 17 U.S.C. § 512.
1.2 The Company acts as a service provider that hosts content submitted by Users. The Company does not adjudicate a question of fair use, implied license, or the validity of a derivative work; such a determination is for a court of competent jurisdiction. The Company's function under this document is to receive a notice that satisfies 17 U.S.C. § 512(c)(3), to remove or disable access to the identified material expeditiously, to notify the affected User, and to restore material on a counter-notice that satisfies 17 U.S.C. § 512(g)(3), as this document provides.
1.3 A User who uploads, lists, or transmits infringing material bears direct liability to the rights holder for that infringement. Removal of material under this document does not indemnify, shield, or protect the infringing User, and a takedown does not extinguish a claim the rights holder holds against the User.
1.4 If a provision of this document conflicts with the Terms of Use, this document controls for the copyright subject it governs. If a provision of this document conflicts with the terms of a program in which the User participates, the program terms control for that program. Policies and help pages explain this document; they do not amend it, and in any conflict this document prevails, except as the preceding sentences provide.
Article 2: Definitions
2.1 In this document Account: the account a person or business establishes with the Company to use the Platform.
Company: All About Pawz, LLC, a Tennessee limited liability company.
Counter-Notice: a communication that satisfies Article 6 and 17 U.S.C. § 512(g)(3), submitted by a User whose material was removed or disabled under Article 5.
Designated Agent: the Company's designated copyright agent for receipt of notifications of claimed infringement under 17 U.S.C. § 512(c)(2), identified in Article 3.
Notice: a notification of claimed infringement that satisfies Article 4 and 17 U.S.C. § 512(c)(3).
Platform: the websites, applications, and services the Company operates under the name All About Pawz, including aapawz.com.
Site: aapawz.com and its subdomains.
Strike: a valid Notice that resulted in removal or disablement of a User's material and that was not defeated by a Counter-Notice followed by restoration of the material.
User: any person who accesses or uses the Platform, whether or not the person holds an Account.
Article 3: Designated Agent
3.1 The Company's Designated Agent is: All About Pawz, LLC, Attn: Designated Copyright Agent, 699 Waring Rd., Memphis, TN 38122; email: legal@aapawz.com.
3.2 A Notice and a Counter-Notice shall be sent to the Designated Agent at legal@aapawz.com. A communication sent to support@aapawz.com, to a Seller messaging channel, to a social media account, or to a general contact form is not a Notice or a Counter-Notice under this document, and a period that this document or 17 U.S.C. § 512 measures from receipt of a Notice or Counter-Notice does not begin on receipt of such a communication.
Article 4: Notice of Claimed Infringement
4.1 A Notice shall contain each of the following, as 17 U.S.C. § 512(c)(3) requires (a) a physical or electronic signature of the copyright owner or of a person authorized to act on the owner's behalf;
(b) identification of the copyrighted work claimed to have been infringed, or, where a single Notice covers multiple works at one location, a representative list of those works;
(c) identification of the material claimed to be infringing, and information reasonably sufficient to permit the Company to locate the material, including the specific address of each item of material on the Platform;
(d) the complaining party's full name, postal address, telephone number, and email address;
(e) a statement that the complaining party holds a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement, made under penalty of perjury, that the information in the Notice is accurate and that the complaining party is the copyright owner or is authorized to act on the owner's behalf.
4.2 A Notice that demands that the Company search the Site for infringing material, or that does not identify the material with the specificity clause 4.1(c) requires, does not satisfy this article. A complaining party who provides false or anonymized contact information submits a deficient Notice.
4.3 The Company may transmit a Notice, including the complaining party's contact information, to the affected User, as Article 5 provides.
Article 5: Action on a Notice; Deficient Notices
5.1 On receipt of a Notice that satisfies Article 4, the Company shall act expeditiously to remove or disable access to the material identified in the Notice. As an operating target, the Company removes or disables access on the same business day for a clear case.
5.2 A removal is limited to the material identified in the Notice. Where a Notice identifies specific images within a listing, the Company removes those images; the Company does not remove the listing, the Seller's remaining catalog, or the Account on the basis of a single Notice, except as Article 8 provides for a repeat infringer.
5.3 On removal or disablement, the Company shall promptly notify the affected User, stating the material removed, the complaining party's contact information as provided in the Notice, and the User's right to submit a Counter-Notice under Article 6.
5.4 Where a Notice fails to satisfy Article 4 in a material respect, the Company shall notify the complaining party of the deficiency and of the element required to cure it, where the Notice provides a means of contact. The Company takes no removal action on a deficient Notice, and the complaining party may submit a corrected Notice as a new filing.
5.5 A Notice submitted by a person who holds no authorization from the rights holder is an abuse of the procedure in this document and a violation of the Acceptable Use Policy, and the Company shall reject it.
Article 6: Counter-Notice
6.1 A User who believes material was removed or disabled by mistake or misidentification may submit a Counter-Notice to the Designated Agent at legal@aapawz.com. A Counter-Notice shall contain each of the following, as 17 U.S.C. § 512(g)(3) requires (a) the User's physical or electronic signature;
(b) identification of the material that was removed or disabled and the location at which the material appeared before removal;
(c) a statement, under penalty of perjury, that the User holds a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
(d) the User's name, postal address, telephone number, and email address, and a statement that the User consents to the jurisdiction of the federal district court for the judicial district in which the User's address is located: or, if the User's address is outside the United States, for a judicial district in which the Company may be found: and that the User shall accept service of process from the person who submitted the Notice or that person's agent.
6.2 A User who submits a Counter-Notice acknowledges that the Counter-Notice, including the User's identity and contact information, is forwarded to the complaining party under Article 7, and that the submission consents to federal court jurisdiction as clause 6.1(d) states.
Article 7: Restoration After a Counter-Notice
7.1 On receipt of a Counter-Notice that satisfies Article 6, the Company shall promptly forward the Counter-Notice to the complaining party and shall notify the complaining party of the restoration period stated in clause 7.2.
7.2 The Company shall restore the removed material, or cease disabling access to it, not less than ten (10) and not more than fourteen (14) business days after receipt of the Counter-Notice, unless the Designated Agent first receives notice from the complaining party that the complaining party has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material.
Article 8: Repeat Infringers
8.1 In accordance with 17 U.S.C. § 512(i), the Company has adopted and implements a policy that provides for the termination, in appropriate circumstances, of the Account of a User who is a repeat infringer, and the Company informs each User of that policy in this article.
8.2 On the accrual of three (3) Strikes against a single User within a rolling twenty-four (24) month period, the Company shall terminate the User's Account and all associated access.
8.3 Strikes are aggregated at the level of the person or business, across listings, Product categories, and Accounts held by that person or business. A User shall not evade this article by opening a new or undisclosed Account; such an act violates the Acceptable Use Policy.
8.4 A Strike ceases to count toward clause 8.2 where twenty-four (24) months pass after the Strike without a further valid finding of infringement against the same User.
8.5 A single confirmed act of counterfeiting is governed by the Trademark and Brand Protection Policy and may result in immediate termination without regard to the Strike count in this article.
Article 9: Misrepresentation and Abuse of the Procedure
9.1 Under 17 U.S.C. § 512(f), a person who knowingly and materially misrepresents that material or activity is infringing, or that material was removed or disabled by mistake or misidentification, is liable for damages, including costs and attorneys' fees, incurred by the injured party.
9.2 Abuse of the procedure in this document: including serial submission of deficient Notices, submission of a Notice without authorization, and use of a copyright claim as a pretext to enforce a minimum advertised price policy or to suppress lawful competition: violates the Acceptable Use Policy and is subject to enforcement under Article 12, including loss of expedited reporting privileges and suspension of the ability to submit further Notices.
Article 10: Liability
10.1 Exclusion of certain damages. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive, or consequential damages, or for lost profits, lost revenue, or loss of goodwill, arising out of or relating to this document, even if the party has been advised of the possibility of those damages.
10.2 Cap. To the fullest extent permitted by law, the Company's total liability arising out of or relating to this document shall not exceed the greater of (a) the amounts the User paid to the Company under this document in the twelve months before the event giving rise to the claim, or (b) one hundred dollars ($100).
10.3 Carve-outs. This article does not limit (a) a party's indemnification obligations under this document; (b) liability for fraud or willful misconduct; (c) amounts a party owes for Orders, fees, chargebacks, or refunds under this document; or (d) liability that cannot be limited under applicable law.
10.4 Essential purpose. The parties agree that this article allocates risk between them, that it is an essential part of the basis of their bargain, and that it applies even if a limited remedy fails of its essential purpose.
Article 11: Indemnification
11.1 Duty. The User shall indemnify, defend, and hold harmless the Company and its members, managers, employees, and agents from and against every claim, demand, action, loss, liability, judgment, settlement, cost, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) the User's breach of this document; (b) the User's Products, listings, or content submitted to the Platform; (c) an allegation that content the User submitted infringes the copyright of a third party; and (d) the User's violation of any law or of the rights of any person.
11.2 Procedure. The Company shall give prompt written notice of a claim under this article. The User shall control the defense with counsel reasonably acceptable to the Company. The Company may participate in the defense at its own expense. The User shall not settle a claim in a manner that imposes any obligation or restriction on the Company, or that does not release the Company fully, without the Company's prior written consent.
11.3 Survival. This article survives the termination of this document.
Article 12: Enforcement and Appeals
12.1 Investigation. The Company may investigate any suspected violation of this document. The User shall cooperate with an investigation and shall produce the records this document requires the User to keep.
12.2 Notice. If the Company determines that the User has violated this document, the Company shall give written notice stating the provision violated and the facts relied on, except where notice would compromise an investigation of fraud, a safety risk, or a legal obligation.
12.3 Opportunity to cure. Where a violation is capable of cure, the User has ten (10) business days from notice to cure it and to confirm the cure in writing. No cure period applies to fraud, counterfeiting, a risk to the safety of a person or an animal, unlawful conduct, or a violation that by its nature cannot be cured.
12.4 Measures. If a violation is established and is not cured within the period allowed, the Company may, proportionate to the violation: (a) issue a written warning; (b) remove or suppress a listing or content; (c) cancel an Order or a booking; (d) suspend the Account or a program participation, in whole or in part; (e) terminate this document and the Account; and (f) exercise any other right or remedy available under this document or at law. Termination of a repeat infringer's Account under Article 8 is a measure under this article.
12.5 Appeal. The User may appeal a measure under this article by written notice to legal@aapawz.com within thirty (30) days of the measure, stating the grounds and attaching the records relied on. The appeal is decided by a person who did not make the original decision. The Company's decision on appeal is final. A measure remains in effect during an appeal unless the Company directs otherwise in writing. An appeal under this article does not replace the Counter-Notice procedure in Article 6, which is the procedure by which removed material is restored.
12.6 No waiver by delay. The Company's delay in acting on a violation is not a waiver of the violation or of any later violation of the same kind.
Article 13: Term and Termination
13.1 Term. This document takes effect when the User first accesses or uses the Platform and continues until terminated under this article.
13.2 Termination by the Company. The Company may terminate this document and the Account on thirty (30) days' written notice for any reason, and immediately on written notice if the User materially breaches this document, engages in fraud, or becomes ineligible to participate, including as a repeat infringer under Article 8.
13.3 Termination by the User. The User may terminate this document on thirty (30) days' written notice to support@aapawz.com, or by closing the Account, provided the User has no Order, booking, or investigation outstanding.
13.4 Effect of termination. On termination: (a) the rights granted under this document end; (b) obligations that arose before termination: including payment, refund, chargeback, record-keeping, and indemnification obligations: survive until satisfied; and (c) the Company shall pay amounts owed, less amounts the Company may set off under this document, within thirty (30) days, except amounts held in connection with an open investigation or dispute.
13.5 Survival. The Definitions, Liability, Indemnification, Enforcement and Appeals (for measures taken before termination), Dispute Resolution, and General Provisions articles survive termination.
Article 14: Dispute Resolution
14.1 Any dispute arising out of or relating to this document, or to the relationship it governs, is governed by the Dispute Resolution Policy, which is incorporated into this document by reference.
Article 15: General Provisions
15.1 Amendments. The Company may amend this document by posting the amended document in the Document Center and giving notice to the User at the email address in the Account. An amendment that materially increases the User's fees or obligations takes effect thirty (30) days after notice; other amendments take effect on posting. Continued use of the Platform after the effective date of an amendment is acceptance of it. If the User does not accept an amendment, the User's remedy is to terminate under Article 13 before the amendment takes effect.
15.2 Notices. Legal notices under this document, including every Notice and Counter-Notice, shall be sent to the Designated Agent at legal@aapawz.com. Operational notices and all other communications shall be sent to support@aapawz.com. A notice to the Company is effective when the Company acknowledges receipt or, for email, one business day after sending, whichever is earlier. Notices to the User are effective when sent to the email address in the Account or posted to the Account's notice facility in the portal, whichever occurs first. The User shall keep the email address in the Account current. DMCA notices are given as provided in this document, to the designated agent at legal@aapawz.com.
15.3 Governing law. This document is governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Subject to the Dispute Resolution Policy, any proceeding arising out of this document shall be brought in the state or federal courts located in Shelby County, Tennessee, and the parties consent to personal jurisdiction there.
15.4 Severability. If any provision of this document is held unenforceable, the provision shall be enforced to the fullest extent permitted, and the remaining provisions continue in full effect.
15.5 Entire agreement. This document, together with the documents it incorporates by reference, is the entire agreement between the Company and the User for the subject it governs and supersedes every prior or contemporaneous statement, communication, or agreement on that subject, whether written or oral.
15.6 Assignment. The User shall not assign this document or any right or obligation under it without the Company's prior written consent, and an assignment without consent is void. The Company may assign this document to an affiliate or in connection with a sale of all or part of its business, on notice to the User.
15.7 Waiver. A waiver of any provision of this document is effective only in writing and only for the instance stated. No waiver is a waiver of any other provision or instance.
15.8 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This document shall not be construed against a party on the ground that the party prepared it. The English-language text controls over any translation.
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