Copyright and Trade Mark Policy
1.1 Capitalised terms used in this policy will have the meaning given in the Moteefe Terms and Conditions
, unless defined otherwise. By using the Platform (including to set up and run a Campaign) you are acknowledging and accepting the terms of this policy.
1.2 This policy was most recently updated on 3rd November, 2016.
1.3 Moteefe prohibits Designers from using the Platform to sell Products to Purchasers that infringe third party rights including but not limited to copyright, trade mark rights, rights in passing off or unfair competition, rights in confidential information, rights of privacy and image, personality or publicity rights (together “Intellectual Property Rights”).
1.4 This document (together with the Moteefe Terms and Conditions and any other documents referred to in it) sets out our policies regarding the use by Designers of Intellectual Property Rights in relation to Campaigns, and the processes that will be followed if we receive a Complaint (as defined in clause 3.4 below) that a Campaign infringes the Intellectual Property Rights of a third party.
1.5 Designers (and not Moteefe) are the sellers of Products through the Platform. Moteefe is not responsible for the design or marketing of Products sold through the Platform and, save for its responsibilities under this policy, to the fullest extent permissible by law takes no responsibility or liability in that regard.
2. Your obligations as a Designer
2.1 In the event that a Complaint (as defined in clause 3.4 below) is received in relation to any Campaign run by you through the Platform as a Designer, you agree to cooperate fully withMoteefe including by acting in accordance with the procedures below and with any notifications sent to you by us during the course of a Complaint.
2.2 By submitting Designer Content (as defined in clause 4.8 of the Moteefe Terms and Conditions) to the Platform, you warrant to us that the use of such Designer Content as contemplated under the Moteefe Terms and Conditions (which includes but is not limited to the promotion and sale of Products incorporating such Designer Content) will not breach a third party’s Intellectual Property Rights. This means that you must either own or have permission to use the Designer Content in relation to a Campaign. If you are in any doubt about whether you are allowed to use any Designer Content, you should contact the owner of the Intellectual Property Rights in question. You also warrant to us that any description and information presented in relation to a Product and any Campaign is complete, accurate and not misleading. You agree to indemnify us and our suppliers in respect of any loss or damage (including legal fees) incurred in the event of a breach of this clause 2.2.
2.3 You acknowledge that if you run a Campaign that includes infringing content, your Campaign may be suspended or cancelled at our discretion (see clauses 4.19, 7.8 and 7.11 of the Moteefe Terms and Conditions). In addition, you may be subject to action from the Rights Holder (as defined in clause 3.1 below), whether by making a Complaint under this policy, or through separate legal action. This may result in you being liable to pay damages to the Rights Holder, including its associated legal costs in pursuing you. Those damages and costs may substantially exceed any profits you may have made from the infringing Campaign. In addition, we may seek to recover from you (under the indemnity given by you in clause 2.2 above) the Moteefe Fee (as defined in clause 4.14 of the Moteefe Terms and Conditions) we have lost as a result of the infringing Campaign and our costs in assessing and assisting with a Complaint. We may satisfy such indemnity by withholding the payment to you of Designer Profit that would otherwise have been due to you.
3.1 If you believe a Campaign contains content that infringes your Intellectual Property Rights, please provide us with a notification containing the information listed below (an “Infringement Notification”). You should send your Infringement Notification to firstname.lastname@example.org
. Please note that Moteefe will consider Complaints only from parties that own, or have the exclusive right to exploit, the Intellectual Property Rights that are alleged to be infringed (each a “Rights Holder”).
3.2 You must include the following information within the Infringement Notification:
3.2.1 your full name, address, telephone number(s) and email address(es);
3.2.2 the URL of the Campaign(s) used by the Designer in connection with the alleged infringement;
3.2.3 identification of the exact nature of the Intellectual Property Right(s) you allege is or are being infringed by the Campaign. This may include, but is not limited to, details of copyright, trade mark rights, rights in passing off or unfair competition, rights in confidential information, rights of privacy and image, personality or publicity rights;
3.2.4 evidence establishing legal ownership of the Intellectual Property Rights referred to in clause 3.2.3 above (such as copies of subsisting trade mark registrations or, in the case of copyright, evidence of authorship) and your right to take action in relation to such Intellectual Property Rights (such as copies of relevant licence agreements providing such a right);
3.2.5 a statement that you have a good-faith belief that use of the Intellectual Property Rights in the Campaign(s) indicated is unauthorised by the rights owner or its licensee, and therefore amounts to infringement of those Intellectual Property Rights; and
3.2.6 a statement that the information in the notification is complete and accurate, that you are authorised to act on behalf of the owner of the Intellectual Property Right(s) that is or are allegedly infringed, and a physical or electronic signature of that person.
3.3 Moteefe is not in a position to adjudicate disputes and is only able to act on the basis of proven information. Therefore you should provide as much information as you can in the Infringement Notification to prove why the Campaign in question infringes your Intellectual Property Rights.
3.4 Upon receipt of an Infringement Notification we will review it and if (in our reasonable discretion) it contains sufficient information, it will qualify as a Complaint under the terms of this policy. If the Infringement Notification does not (in our reasonable discretion) provide sufficient information we may (but are not obliged to) ask you to provide further information in a revised Infringement Notification.
3.5 We will forward a Complaint to the Designer to whom the Complaint relates. For these purposes we will use the contact details we have been provided by the Designer in question. Please note that we cannot guarantee that the Designer will receive or respond to a Complaint.
3.6 We may provide messaging or other functionality to facilitate the communication and negotiation between a Rights Holder and a Designer in relation to a Complaint. We encourage both parties to act reasonably in relation to a Complaint but you acknowledge that we have no control over, or responsibility to resolve, any Complaint.
3.7 We reserve the right (in our sole and absolute discretion) to suspend or cancel a Campaign that is the subject of a Complaint, whilst a Complaint is ongoing (see clauses 4.19, 7.8 and 7.11 of the Moteefe Terms and Conditions), however we are not obliged to do so.
4. Settlement of a Complaint
4.1 In the event that a Complaint between a Rights Holder and a Designer is settled, that settlement is personal to them. However it is the Rights Holder’s responsibility to inform us of the outcome so that we can take appropriate steps. So there is no confusion, we may confirm our understanding of the outcome with the Designer before proceeding with any further steps. Please note that we are not able to make transfers of any funds held by us in relation to a Campaign, to any party other than the Designer. The Designer is responsible for making any further payments to the relevant Rights Holder in accordance with the settlement reached.
4.2 Where we have suspended a Campaign in relation to which a Complaint has settled, we may agree (in our sole and absolute discretion) to remove the suspension of that Campaign, however we may impose any conditions that we consider appropriate in relation to that and any other Campaign run by the Designer in question.