User Content: Complaints and Rights Protection

1. The Role of the Service

The website is owned and operated by Individual entrepreneur Artur Churilov (OGRNIP 317784700274428, INN 781698056498), registered in the Russian Federation (the “Administration”).

Part of the material on the website is uploaded by users themselves. Photos of items, outfits, and wardrobes are uploaded by users on their own initiative and are not screened by the Administration in advance. With respect to such content the Administration acts as an information intermediary within the meaning of Article 1253.1 of the Russian Civil Code (and relies on comparable safe-harbour rules elsewhere, including 17 U.S.C. § 512): it provides the technical means to store and display material, does not initiate its transmission, does not select the recipient, and does not alter the material in substance — save for technical processing (cropping, resizing, compression, background removal) needed to display it in the interface.

The Administration does not pre-moderate uploaded material and is under no obligation to monitor it continuously. Featuring material in a public feed or a curated selection does not mean rights in it have been verified, and is not an endorsement or a warranty of accuracy by the Administration.

Responsibility for uploaded material lies with the user who posted it. The Administration does not, however, walk away from the problem: on receiving a substantiated report it reviews the report and takes the necessary and sufficient measures described below.

2. What Users Warrant When They Upload

By uploading a photo or other material, the user confirms that they hold all necessary rights in it or have the rights holder’s permission, and that people depicted have consented to publication and use of their image. The user grants the Administration a non-exclusive, royalty-free licence to store, reproduce, technically process, and display the material on the website and related services for as long as the material remains posted. Full terms are in the “User Content” section of the Terms of Use.

If the material infringes someone else’s rights, the user who posted it bears the losses and third-party claims arising from that posting.

3. Grounds for a Complaint

• Copyright and neighbouring rights: your photo, illustration, video, text, or other material is used without permission.
• Trademark: a logo or sign is used in a way that is likely to confuse consumers about the source of goods.
• Right of publicity / likeness (Art. 152.1 of the Russian Civil Code): you or your child appear in a photo published without consent.
• Personal data and privacy: the material discloses information about you that you did not publish.
• Other unlawful content: abuse, threats, pornography, extremism, circumvention of age restrictions, fraud.

4. How to Send a Notice

Send your notice to copyright@climate-wear.ru (backup address: support@climate-wear.ru). This address is published as the designated contact for rights-holder notices. To let us act on the substance of your report, the notice must contain:

• Your identification: full name (or company name), and the capacity in which you act — rights holder or authorised agent.
• Contact details: e-mail address, and postal address and phone number where available.
• Identification of the work or other subject matter you claim is infringed (photograph, image, design, trademark, or your own likeness), and the basis of your rights in it.
• The exact URL of every page on the website where the material appears. Without a precise URL we cannot locate the material and cannot act on the report.
• A statement that the material is used without permission of the rights holder, its agent, or the law.
• A statement that the information in the notice is accurate, and that you are the rights holder or authorised to act on their behalf.
• For notices under the U.S. DMCA (17 U.S.C. § 512(c)(3)): a statement made under penalty of perjury, and your physical or electronic signature.

A ready-made form with these fields is on the “Report content” page. It fills in the material’s URL automatically when opened from a look page.

If the notice is incomplete, we will tell you within 24 hours what is missing; a corrected notice is then handled in the usual way. You may also write via the Contacts page, but mail to the address above is processed faster.

5. What We Do, and How Fast

On receiving a notice that meets the requirements of section 4, we restrict access to the material within 24 hours: the page stops opening and the material disappears from feeds, curated selections, and on-site search. We do not adjudicate the dispute on the merits and are not an arbiter between the parties — at this stage access is restricted on formal grounds, to stop a possible infringement.

The user who posted the material is notified of the reason for the restriction and of how to object. The complainant is informed of the measures taken.

6. Counter-Notice by the User

A user whose material has been restricted may, within 14 days, send a counter-notice to the same address with evidence of their rights: the original file with metadata, a contract or licence, written permission from the rights holder, or the consent of the person depicted. If the documents make the user’s rights clear, access is restored and we inform the complainant, providing the contact details needed to pursue the matter. Where the U.S. DMCA applies, restoration follows the 10–14 business-day procedure of 17 U.S.C. § 512(g).

If the parties continue to dispute the rights, the dispute is between them — by negotiation or in court. The Administration will comply with an enforceable court decision or interim injunction.

7. Repeat Infringers

Each confirmed infringement adds a strike to the account. Three strikes within a year suspend the ability to upload; systematic or severe abuse (bulk uploading of other people’s photos, commercial use of someone else’s catalogue, publishing images of people without consent after a warning) leads to account termination without prior warning. A strike is removed if the user’s counter-notice is upheld.

8. Bad-Faith Notices

A complainant is liable for losses caused to the user or the Administration by false statements in a notice. We may reject a report that is plainly aimed at removing a competitor rather than protecting rights, and may stop corresponding with anyone who systematically sends unfounded demands.

9. Removal at Our Own Initiative

Independently of any complaint, the Administration may unpublish or delete any user material that conflicts with the law, the Terms of Use, or the purpose of the service. This is a right, not an obligation, and its existence does not imply that material is screened in advance.

10. Contacts

Rights-holder complaints and content removal requests: copyright@climate-wear.ru. General enquiries: support@climate-wear.ru.