Intellectual Property Policy

Your rights and obligations as an Unekha seller

As a venue for artists, designers, and makers, Unekha 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 Unekha sellers can respond when their listings or shops are affected by a notice.

This policy is a part of our Terms of Use.

   1. Unekha’s Role

   2. Notices of Intellectual Property Infringement

   3. Counter Notices

   4. Repeat Infringement

   5. Notice Withdrawals

   6. Resources

  1. Unekha’s Role

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

Unekha 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. Unekha also reserves the right to take action against abusers of Unekha’s Intellectual Property Policy or our Terms of Use.

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

  1. Notices of Intellectual Property Infringement

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

Please use Unekha’s Reporting Form to provide notice of claimed infringement to Unekha Designated Agent under the DMCA and for other intellectual property claims: https://store.unekha.com/legal/ip/report. Using the form is the fastest way for us to address your claim.

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

  1. Counter Notice

In accordance with the Digital Millennium Copyright Act (DMCA), Unekha accepts counter notices for copyright notices only. When Unekha 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 Unekha of this action.

  1. Repeat Infringement

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

  1. Notice Withdrawals

Unekha 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 Unekha listing URLs).

Once Unekha receives a formal withdrawal of a notice of infringement, Unekha 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.

  1. Resources

If the material was removed from your shop due to a notice of infringement, please contact us at: store@unekha.com