Crypto Art – hereinafter referred to as MarketPlace
We respect the intellectual property rights of artists, designers and manufacturers by being a marketplace for them. To preserve the integrity of our creative marketplace, we comply with intellectual property laws and industry best practices. This Intellectual Property Policy discloses how we handle complaints of infringement, how authorized parties can report infringing content on our Marketplace, and how MarketPlace merchants can respond when a report concerns their listings or shops.
MarketPlace is an online marketplace where independent sellers can operate their shops, set their own rules and be responsible for their products, deliveries and legal compliance. MarketPlace does not manufacture merchandise, stock or deliver merchandise on behalf of sellers. Content posted on MarketPlace is created by independent sellers who are not employees, agents or representatives of MarketPlace. Sellers are obliged to independently protect their rights to the content and not infringe the rights of third parties when publishing it.
MarketPlace cannot speak on behalf of intellectual property owners, nor can MarketPlace provide legal advice or make legal determinations as to whether the contents of the shop infringe anyone’s intellectual property. MarketPlace will remove material referenced in connection with an alleged intellectual property infringement if a report is submitted that complies with our policy.
- Intellectual Property Infringement Reports
MarketPlace takes steps to respond quickly to reports of intellectual property infringement consistent with our policies by removing or blocking access to material that we believe is infringing. When removing or blocking access as a result of a report, MarketPlace attempts to contact the affected merchant to provide information about the complaint and removal, and, in the case of alleged copyright infringement, to indicate how to file a counter-notice. MarketPlace may also provide a copy of the infringement complaint, including the name and email address of the complaining party, to the affected merchant.
To notify MarketPlace of an alleged violation of user rights, shop names, videos on the MarketPlace shop page or videos from social media postings on MarketPlace accounts, you can use the “Complain about a shop or product” link or write to customer support at [email protected]
This is a way to notify MarketPlace and its designated agent of alleged copyright and other intellectual property infringement under the Digital Millennium Copyright Act. MarketPlace may require additional information, such as a power of attorney from the copyright holder, proof of identity of the reporting party, or other documents relating to the right in question, before it will consider the report. MarketPlace may reject notices of infringement or counter-notices that, in our opinion, contain false, fraudulent, incomplete or dishonest information. MarketPlace also has the right to take action against violators of this policy.
- Counter Notification
Under the Digital Millennium Copyright Act (DMCA), MarketPlace only accepts counter-notices for copyright infringement. Upon receipt of a DMCA counter-notice, MarketPlace will provide a copy of the notice to the party that filed the complaint. The removed material may be reinstated or replaced 10 business days after the counter-notice is processed, unless the copyright owner files a lawsuit for an injunction prohibiting the party named as the infringing party from publishing the items again and notifies MarketPlace to do so.
- Repeat infringement
MarketPlace may deactivate the accounts of sellers who receive multiple notices of intellectual property infringement in appropriate circumstances and at MarketPlace’s discretion. If we believe that a seller attempts to open a new shop after their original account has been deleted, we reserve the right to deny that seller all services.
MarketPlace only accepts complaints of infringement of intellectual property from the owner himself or the official representative who submitted the complaint. The waiver must clearly state that it is a formal waiver and sufficiently specify the seller and/or material (e.g. by stating the username, shop name and MarketPlace list URLs).
Once MarketPlace receives a formal complaint of infringement, it will contact the complaining party to acknowledge receipt and notify the affected vendor of the complaint. Please note that infringement issues are handled on an individual basis, and withdrawals do not guarantee a change in the seller’s shop status.