Bogs Footwear - Digital Millennium Copyright Act Policy

Last Updated / Effective Date: September 1, 2020

Bogs Footwear ("Bogs", "we" or "us") respects the intellectual property rights of others and expects you to do the same.

Bogs Footwear has registered with the U.S. Copyright Office under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") so that if a copyright owner notifies us that materials on Bogs Footwear's website (the "Site"), or linked to Bogs Footwear's Site, infringe your copyright, you may request removal of those materials (or removal of access to them) from the Site as set forth below.

You must provide notice and counter-notice of any DMCA claims as set forth herein in compliance with the DMCA. Bogs Footwear WILL ONLY RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT THAT COMPLY WITH APPLICABLE LAWS.

If we receive a valid notification of alleged copyright infringement, we will remove the materials and take reasonable steps to contact the owner of the removed materials so that the owner can respond with a counter-notification.

If we receive a valid counter-notification, we will repost the applicable materials unless we receive notice from the original person or entity that provided notice of alleged infringement that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity within ten (10) business days of receiving the copy of the counter-notice.

We are permitted to share these notifications with others in order to address and respond to DMCA claims and counterclaims, and as stated in our Privacy Policy found here https://www.bogsfootwear.com/shop/privacyPolicy.html.

Please be aware that if you knowingly, materially misrepresent that any material or activity on the Site: (a) is infringing your copyright; or (b) was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under the DMCA.

How to Report Claims of Copyright Infringement.

In accordance with the DMCA, if you believe any materials accessible on or from the Site infringe your copyright, you must provide a written notification to our designated agent listed below, that includes the following:

1. Identification of the copyrighted work you claim is infringed, or if multiple copyrighted works, a representative list of the works you claim are infringed, with sufficient detail to permit us to locate it;
2. A statement that you own the copyrighted work and that it be removed or disabled from the Site;
3. Information sufficient to permit us to contact you, such as your name, address, telephone number and e-mail address;
4. The following statement: "I have a good faith belief that the use of the copyrighted materials described above and contained on the Site is not authorized by the copyright owner, its agent or by protection of law";
5. A statement that the notification is accurate;
6. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner that is allegedly infringed;
7. Your physical or electronic signature; and
8. Your acknowledgment and agreement that the DMCA provides that you may be liable for damages (including costs and attorneys' fees) if you falsely claim that materials infringe your copyright(s).

Please send written notification by overnight mail or regular U.S. mail to our DMCA designated agent at:

Bogs Footwear
Attn: Marketing Department
333 W. Estabrook Blvd. Glendale, WI 53212
Phone: 1-877-321-BOGS (2647) (please keep in mind that notice cannot occur via telephone)
Email Address: dmca@bogsfootwear.com

Counter-Notifications.

If we take down your materials or remove access to your materials as a result of receiving a DMCA notification, and you believe such take down or removal was a mistake or misidentification, you may respond by sending us a written counter-notification in accordance with the DMCA. The counter-notification must include the following:

1. A list of the material(s) that was removed by Bogs Footwear, and the location of the material(s) before it was removed with sufficient detail so we may identify and locate the material(s);
2. Adequate information so that we can contact you, including your name, address, telephone number, and email address;
3. A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Waukesha County, Wisconsin if your address is outside of the United States);
4. A statement that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
5. State the following: " I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Your physical or electronic signature.

Please send written notification by overnight mail or regular U.S. mail to our DMCA designated agent at:

Bogs Footwear
Attn: Marketing Department
333 W. Estabrook Blvd. Glendale, WI 53212
Phone: 1-877-321-BOGS (2647) (please keep in mind that notice cannot occur via telephone)
Email Address: dmca@bogsfootwear.com

Repeat Infringers.

It is Bogs Footwear's policy to terminate repeat infringers' use of the Site's services, such as by terminating or disabling accounts (if applicable).