This policy is a part of our Terms of Use.
Intellectual Property Policy
Also being a venue for artists, designers, Web developers (scripts, plugins, etc.), SimplytheBest 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 SimplytheBest vendors can respond when their listings or stores are affected by a notice.
SimplytheBest is a marketplace comprised of individual third¬party sellers who run their own stores, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a venue, but SimplytheBest does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on SimplytheBest’s marketplace is generated by independent vendors who are not employees, agents, or representatives of SimplytheBest. Vendors 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.
SimplytheBest reserves the right to disable any listing, store, or account that we believe violates our Terms of Use, including this Intellectual Property Policy or our Prohibited Items Policy. SimplytheBest also reserves the right to take action against abusers of SimplytheBest’s Intellectual Property Policy or our Terms of Use.
SimplytheBest can’t speak on behalf of intellectual property owners, nor is SimplytheBest in a position to offer legal advice or make legal determinations whether a store’s content infringes someone else’s intellectual property. SimplytheBest will remove material cited for alleged intellectual property infringement when provided with a proper notice.
Notices of Intellectual Property Infringement
SimplytheBest strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When SimplytheBest removes or disables access in response to a notice, SimplytheBest 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. SimplytheBest 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 SimplytheBest’s Contact Form to provide notice of claimed infringement to SimplytheBest’s Designated Agent under the DMCA and for other intellectual property claims. Using the form is the fastest way for us to address your claim.
SimplytheBest may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. SimplytheBest may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. SimplytheBest also reserves the right to take action against abusers of this policy.
In accordance with the Digital Millennium Copyright Act (DMCA), SimplytheBest accepts counter notices for copyright notices only. When SimplytheBest 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 SimplytheBest of this action.
SimplytheBest terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at SimplytheBest’s discretion. If we believe a member has attempted to open a new store 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, SimplytheBest reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
SimplytheBest 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, store name, and SimplytheBest listing URLs).
Once SimplytheBest receives a formal withdrawal of a notice of infringement, SimplytheBest 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 store status.
Last updated on April 10, 2021