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Intellectual Property Policy

Intellectual Property Policy

At TerraShops, intellectual property rights are of utmost importance and we take them seriously. To maintain the integrity of our members’, we ensure that we are always in compliance with intellectual property laws and industry best practices.

This policy informs you of how we handle infringement allegations, how to submit proper notices of infringement in connection with the content on our platform, and how TerraShops sellers can respond when their listings or shops are affected by a notice.

Please see our TerraShops Trademark Policy for more on the use of TerraShops Trademarks and brand.

This policy forms a part of our Terms of Use and you agree to be bound by it by making use of our website or any of our services.

Our Role

We are a marketplace consisting of individual third-party sellers who maintain their own shops, produce their own policies, and take care of their inventory, shipments, and also comply with the law. What we do is provide the platform for sellers; what we do not do is manufacture goods, hold inventory, or ship items on behalf of TerraShops sellers.

TerraShops members generate the content uploaded on the marketplace as nonemployees, agents, or representatives of TerraShops. Sellers must bear the responsibility of making sure that they acquire all the necessary rights to their content and ensuring that they do not infringe on anyone’s intellectual property rights.

If we believe our Terms of Use, Intellectual Property Policy, or Prohibited Items Policy are being violated or abused by any listing, account, or shop, we reserve the right to take appropriate action such as disabling or suspending them.

We do not legally determine whether a shop’s content violates or infringes on a third party’s intellectual property. We will only remove or take action concerning material for alleged infringement of intellectual property rights when a proper notice is provided.

 

Notices of Intellectual Property Infringement

When we receive proper notices of infringement on intellectual property rights, we always try to respond as quickly as we can to such allegations. We make reasonable attempts to contact the affected member, whenever we take action regarding such infringement. We also inform the effected member about the Notice and how they can respond in cases of alleged infringement of intellectual property rights. In addition, we may also provide the affected party with a copy of the infringement notice, the name and email address of the complaining party.

To provide us with notice of an infringement, please contact us: [email protected]. This is the quickest method for us to address your claim.

Please note that before we process any such notice, we may request you to provide further information such as your identity verification or any documents supporting your claim. If we believe that you have provided us with any false information regarding this, we may reject your notices (including counter-notice). We reserve the right to take appropriate actions against anyone who abuses any of our policies including this one.

Counter Notice

In line with the provisions of the Digital Millennium Copyright Act (DMCA), we at TerraShops, accept counter-notices for copyright notices only. When we are served with a DMCA counter-notice, we shall send a copy to the original complainant.

We may replace or restore the removed content at least 15 business days after we have processed the counter-notice, unless the copyright owner files a court action and seeks a court order against the alleged infringing party. TerraShops must be duly informed of such legal action. For more on DMCA notices and counter-notices, please read here.

Repeat Infringement

Sellers who are subjected to repeat or multiple notices of infringement of intellectual property shall have their account terminated by TerraShops – this is at our sole discretion. If we believe or find out that after the termination of the account, a member attempts to open a new shop, we reserve the right to refuse our services to such member – this applies to any account associated with such member. We reserve the right to terminate account privileges at any time or for any reason, without any advance notice.

Notice Withdrawals

Notice withdrawals must be sent directly by the intellectual property owner or the authorized representative who submitted the claim. Such withdrawal must clearly specify that it is a formal withdrawal and adequately identify the member and material – this includes providing the shop name, seller and username.

TerraShops makes reasonable attempts to reach out to both parties involved, when we receive a formal notice of withdrawal. We do this to confirm receipt of the withdrawal from the complainant and to inform the affected member of the withdrawal status. Please note that we treat infringement matters on a case-by-case basis; therefore, withdrawals do not guarantee that your shop status will change.

Resources

If you wish to learn more about general intellectual property issues, kindly read the information provided below:

Why Did I Receive a Notice of Intellectual Property Infringement?

This simply means that an intellectual property owner or someone authorized by them has notified us that they believe that certain content by a seller violates their intellectual property rights. We take appropriate action according to our Intellectual Property Rights Policy and Terms of Use and cannot speak on behalf of the complaining party on why your content was removed or how to resolve the issue.

Who I can contact to get more information?

If you have any questions concerning the infringement claim or on how to resolve the issues, please contact the party that provided the notice to TerraShops. You can find their contact information in the email we sent to you when we removed your listing. You can also speak to an attorney if you’re faced with such a situation.

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