SUNMIWO (hereinafter referred to as “the Company”) establishes the following policy regarding the handling of notifications of intellectual property rights infringement (hereinafter referred to as “Infringement Notices”) received from third parties concerning the services operated by the Company (hereinafter referred to as “the Services”).
The Company respects the intellectual property rights of others. If content that appears to infringe on these rights is found on the Services, the Company will handle it appropriately and promptly in accordance with relevant laws and regulations and this Policy.
1. Procedure for Submitting an Infringement Notice
If a rights holder or their representative (hereinafter referred to as “the Notifying Party”) believes that content uploaded to the Services infringes upon their intellectual property rights, they should notify the Company in writing (including via email) at the designated contact point provided below, clearly stating the following information.
The notice must contain all of the following information. If information is incomplete, the Company may not be able to take action based on the law.
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Notifying Party’s Information:
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Full Name or Legal Entity Name
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Address
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Contact Telephone Number
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Email Address
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Identification of Allegedly Infringing Content:
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The specific URL(s) of the content within the Services (a direct link to the page in question).
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A sufficient description that clearly identifies the allegedly infringing content.
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Rights Information:
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Specific details of the intellectual property right claimed to be infringed (e.g., a copyrighted painting, a registered trademark, etc.).
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Documentation proving that the Notifying Party is the legitimate rights holder or their authorized representative (e.g., copyright registration number, trademark registration number, power of attorney confirming representative authority, etc.).
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Statements:
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A statement made in good faith that the information in the notification is accurate and not false.
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A statement, under penalty of perjury, that the Notifying Party is the rights holder or authorized to act on their behalf.
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Signature:
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An electronic signature or a copy of a signed document from the rights holder or their representative.
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2. Company’s Response
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Receipt of Notice: After receiving an Infringement Notice containing all required information, the Company will review the contents of the notice.
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Review and Assessment: The Company will assess whether the notice meets the formal requirements and if infringement is readily apparent. The Company may request additional information from the Notifying Party if necessary.
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Action Taken: If the Company determines the notice is valid, it will take one or more of the following actions based on applicable laws and regulations:
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Removal of the content in question.
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Blocking access to the content in question.
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Suspension of the account of the user who uploaded the content (hereinafter referred to as the “Poster”), particularly in cases of repeated infringement.
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Notification to the Poster: If the Company removes or blocks access to content, it will notify the Poster of the action and the reason (the content of the Infringement Notice).
3. Counter-Notification Procedure
A Poster who disagrees with the removal or blocking of their content by the Company may submit a counter-notification to the Company.
The counter-notification must include the following information:
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The Poster’s full name, address, telephone number, and email address.
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Identification of the content that was removed and its original location (URL).
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A statement, under penalty of perjury, that the content was removed or disabled as a result of a mistake or misidentification, along with the reasoning.
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Consent to the jurisdiction of the Poster’s local courts.
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The Poster’s signature.
If the Company receives a valid counter-notification, it will forward a copy to the original Notifying Party. Unless the Notifying Party provides the Company with documentation proving that they have initiated legal proceedings against the Poster within ten (10) business days, the Company may, at its discretion, restore the removed content or unblock access to it.
4. Disclaimer
Except in cases of intentional misconduct or gross negligence, the Company shall not be liable for any damages incurred by the Notifying Party, the Poster, or any third party arising from measures taken based on this Policy (including the removal or restoration of content).
5. Contact Information / Designated Contact Point
Please send all notifications regarding intellectual property rights infringement and counter-notifications to the following contact point:
SUNMIWO
IP Infringement Contact
Email: copyright@sunmiwo.com
Mailing Address: Room 303, 1-7-3 Okukita, Ikuno-ku, Osaka-shi
Responsible Department: Legal Department