Third Party House Rules

As a venue for artists, designers, and makers, Kinkify takes intellectual property rights very seriously.

The 411

We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorised parties can submit proper notices of infringement regarding content on our marketplace, and how Kinkify sellers can respond when their listings or shops are affected by a notice.

For more information on use of Kinkify’s intellectual property, including guidelines for the use of Kinkify’s Trademarks and brand, please refer to Kinkify’s Trademark Policy

This policy is a part of our Terms of Use.

1. Kinkify’s Role

Kinkify is a marketplace comprised of individual third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a venue, but Kinkify does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Kinkify’s marketplace is generated by independent sellers who are not employees, agents, or representatives of Kinkify. Sellers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.

Kinkify reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use, including this Intellectual Property Policy. Kinkify also reserves the right to take action against abusers of Kinkify’s Intellectual Property Policy or our Terms of Use.

Kinkify can’t speak on behalf of intellectual property owners, nor is Kinkify in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Kinkify will remove material cited for alleged intellectual property infringement when provided with a proper notice.

2. Notices of Intellectual Property Infringement

Kinkify strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Kinkify removes or disables access in response to a notice, Kinkify makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Kinkify may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.

Kinkify may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Kinkify may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Kinkify also reserves the right to take action against abusers of this policy.

3. Counter Notice

In accordance with the Digital Millennium Copyright Act (DMCA), Kinkify accepts counter notices for copyright notices only. When Kinkify receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Kinkify of this action.

4. Repeat Infringement

Kinkify terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Kinkify’s discretion. If we believe a member has attempted to open a new shop after termination of the initial account, we reserve the right to refuse all services to that member. These actions apply to any accounts we believe are associated with or operated by the affected member. Per our Terms of Use, Kinkify reserves the right to terminate account privileges at any time, for any reason, and without advance notice.

5. Notice Withdrawals

Kinkify only accepts withdrawals of infringement notices directly from the intellectual property owner or authorised representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the username, shop name, and Kinkify listing URLs).

Once Kinkify receives a formal withdrawal of a notice of infringement, Kinkify makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member’s shop status.

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