Intellectual Property Policy | THE CUSTOM MOVEMENT

Intellectual Property Policy

As a venue for artists, designers, and makers, The Custom Movement takes intellectual property rights very seriously. 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 authorized parties can submit proper notices of infringement regarding content on our marketplace, and how The Custom Movement sellers can respond when their listings or shops are affected by a notice.


This policy is a part of our Terms of Use.


1. The Custom Movement's Role

2. Notices of Intellectual Property Infringement

3. Counter Notices

4. Repeat Infringement

5. Notice Withdrawals

6. Resources


1. The Custom Movement's Role


The Custom Movement 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 The Custom Movement does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on The Custom Movement's marketplace is generated by independent sellers who are not employees, agents, or representatives of The Custom Movement. 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.


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


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


2. Notices of Intellectual Property Infringement


The Custom Movement strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When The Custom Movement removes or disables access in response to a notice, The Custom Movement 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. The Custom Movement may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.


Please read more about our general notice requirements and DMCA Designated Agent here.


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


3. Counter Notice


In accordance with the Digital Millennium Copyright Act (DMCA), The Custom Movement accepts counter notices for copyright notices only. When The Custom Movement 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 The Custom Movement of this action. Read more about DMCA notices, counter notices, and requirements here.


4. Repeat Infringement


The Custom Movement terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at The Custom Movement’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, The Custom Movement reserves the right to terminate account privileges at any time, for any reason, and without advance notice.


5. Notice Withdrawals


The Custom Movement only accepts withdrawals of infringement notices directly from the intellectual property owner or authorized 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 The Custom Movement listing URLs).


Once The Custom Movement receives a formal withdrawal of a notice of infringement, The Custom Movement 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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