Intellectual Property Policy
As a venue for artists, designers, and makers, Osbisy 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 authorised parties can submit proper notices of infringement regarding content on our marketplace, and how Osbisy sellers can respond when their listings or shops are affected by a notice.
For more information on use of Osbisy’s intellectual property, including guidelines for the use of Osbisy’s Trademarks and brand, please refer to Osbisy’s Trademark Policy
This policy is a part of our Terms of Use.
Osbisy 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 Osbisy does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Osbisy's marketplace is generated by independent sellers who are not employees, agents, or representatives of Osbisy. 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.
Osbisy 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. Osbisy also reserves the right to take action against abusers of Osbisy’s Intellectual Property Policy or our Terms of Use.
Osbisy can’t speak on behalf of intellectual property owners, nor is Osbisy in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Osbisy will remove material cited for alleged intellectual property infringement when provided with a proper notice.
Osbisy strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Osbisy removes or disables access in response to a notice, Osbisy 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. Osbisy may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.
If you are not able to use the reporting form, please read more about our general notice requirements.
Osbisy may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Osbisy may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Osbisy also reserves the right to take action against abusers of this policy.
In accordance with the Digital Millennium Copyright Act (DMCA), Osbisy accepts counter notices for copyright notices only. When Osbisy 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 Osbisy of this action.
Osbisy terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Osbisy’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, Osbisy reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
Osbisy 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 Osbisy listing URLs).
Once Osbisy receives a formal withdrawal of a notice of infringement, Osbisy 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.
If material was removed from your shop due to a notice of infringement, or if you would like to learn more about intellectual property issues in general, please refer to the following information:
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