IPO
IPO
Hell yeah we can use big words too! 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.
