Legal and Copyright Policy
LEGAL & COPYRIGHT INFRINGEMENT POLICY
1. Introduction
Holland Blu LLC ("Company," "we," "our," or "us") respects the intellectual property rights of others and expects the same from users of our website. This DMCA Takedown and Copyright Infringement Policy outlines the procedures we follow in response to claims of copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA").
We have designated an agent with the United States Copyright Office in compliance with 17 U.S.C. §512(c)(2) and have implemented the notice-and-takedown procedures described herein. Compliance with these requirements qualifies us for the safe harbor protections set forth under 17 U.S.C. §512.
2. Ownership of Intellectual Property
All content available on www.hollandblu.com, including but not limited to apparel designs, graphics, logos, images, text, and other materials, are the exclusive property of Holland Blu LLC unless otherwise stated.
These materials are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use, reproduction, distribution, modification, or exploitation of our content without prior written consent is strictly prohibited and may result in legal action.
3. Designated DMCA Agent
In accordance with 17 U.S.C. §512(c)(2), Holland Blu LLC has designated the following agent to receive notifications of claimed copyright infringement:
Designated Agent: Holland Blu Legal Department
Address: 760 Warrior Drive, Suite 2-501, Stephens City, VA 22655
Email: legal@hollandblu.com
4. Filing a DMCA Takedown Notice
If you believe that your copyrighted work has been copied or used on our website in a way that constitutes copyright infringement, you may submit a written DMCA notice to our designated agent listed above.
To be valid under 17 U.S.C. §512(c)(3), your notice must include all of the following:
• Your full legal name, mailing address, telephone number, and email address
• A clear description of the copyrighted work that you claim has been infringed
• The exact URL or specific location on our website where the allegedly infringing material is located
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner
• Your physical or electronic signature
Failure to include all required elements may result in your notice being deemed invalid. Holland Blu LLC reserves the right to disregard incomplete, inaccurate, or non-compliant notices without any obligation to respond or take action.
Upon receipt of a valid and complete DMCA notice, we will act expeditiously to remove or disable access to the allegedly infringing material and notify the affected user.
5. Misrepresentation and False Claims
Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that content or activity is infringing, or that content was removed or disabled by mistake or misidentification, may be subject to liability, including damages, costs, and attorneys’ fees.
Holland Blu LLC reserves the right to pursue all available legal remedies against individuals or entities who submit false, misleading, or bad faith infringement claims.
6. Counter-Notification Procedure
If you believe that content you posted on our website was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to our designated agent in accordance with 17 U.S.C. §512(g).
To be valid, your counter-notification must include all of the following:
• Your full name, mailing address, telephone number, and email address
• Identification of the material that has been removed or disabled and the location where it appeared before removal or disabling
• 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
• 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 outside the United States, any
judicial district in which Holland Blu LLC may be found), and that you will accept service of process from the person who submitted the original DMCA notice or their agent
• Your physical or electronic signature
Upon receipt of a valid counter-notification, we will promptly forward a copy to the original complainant. Pursuant to 17 U.S.C. §512(g)(2)(C), we may restore the removed material no sooner than ten (10) business days and no later than fourteen (14) business days after receipt of the counter-notification, unless our designated agent first receives notice from the original complainant that they have filed an action seeking a court order to restrain the allegedly infringing activity.
7. Repeat Infringer Policy
In accordance with 17 U.S.C. §512(i), Holland Blu LLC has adopted and reasonably implemented a policy to terminate, in appropriate circumstances, the accounts or access of users who are repeat infringers of intellectual property rights. We reserve the right to suspend, terminate, or restrict access to our website and services for any user found to be a repeat infringer or who repeatedly violates this policy.
8. Safe Harbor Compliance
Holland Blu LLC qualifies for the safe harbor protections provided under 17 U.S.C. §512(c) as a service provider that: (i) does not have actual knowledge of infringing material; (ii) is not aware of facts or circumstances from which infringing activity is apparent; (iii) upon obtaining such knowledge or awareness, acts expeditiously to remove or disable access to the material; (iv) does not receive a financial benefit directly attributable to the infringing activity; and (v) responds expeditiously to valid DMCA notices.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Holland Blu LLC shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or related to any content posted, transmitted, or made available by users or third parties on our website.
While we take copyright infringement claims seriously and respond to valid DMCA notices in accordance with applicable law, we do not guarantee the accuracy, integrity, or legality of any user-generated or third-party content. Users are solely responsible for ensuring that their content complies with all applicable intellectual property laws.
10. Contact Information
If you have any questions regarding this policy or wish to submit a DMCA notice or counter-notification, please contact our designated agent:
Holland Blu Legal Department
Holland Blu LLC
760 Warrior Drive, Suite 2-501
Stephens City, VA 22655
Email: legal@hollandblu.com
Website: www.hollandblu.com
