Intellectual Property Policy
As a venue for artists, designers, and makers, Artify Botswana 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 Artify Botswana sellers can respond when their listings or shops are affected by a notice.
This policy is a part of our Terms of Use.
1. Artify Botswana’s Role
2. Notices of Intellectual Property Infringement
3. Repeat Infringement
4. Notice Withdrawals
1. Artify Botswana’s Role
Artify Botswana 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 Artify Botswana does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Artify Botswana’s marketplace is generated by independent sellers who are not employees, agents, or representatives of Artify Botswana. 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.
Artify Botswana reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use, including this Intellectual Property Policy or our Prohibited Items Policy. Artify Botswana also reserves the right to take action against abusers of Artify Botswana’s Intellectual Property Policy or our Terms of Use.
Artify Botswana can’t speak on behalf of intellectual property owners, nor is Artify Botswana in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Artify Botswana will remove material cited for alleged intellectual property infringement when provided with a proper notice.
2. Notices of Intellectual Property Infringement
Artify Botswana strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Artify Botswana removes or disables access in response to a notice, Artify Botswana 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. Artify Botswana may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.
Artify Botswana may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Artify Botswana may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Artify Botswana also reserves the right to take action against abusers of this policy.
3. Repeat Infringement
Artify Botswana terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Artify Botswana’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, Artify Botswana reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
4. Notice Withdrawals
Artify Botswana 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 Artify Botswana listing URLs).
Once Artify Botswana receives a formal withdrawal of a notice of infringement, Artify Botswana 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.
