Intellectual Property Policy
The Shared Environment takes intellectual property rights very seriously and expects others to do the same. The Shared Environment complies with intellectual property laws and industry best practices in order to maintain the integrity of our marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit reports of infringement, and how to respond.
For more information on use of The Shared Environment's intellectual property, including guidelines for the use of The Shared Environment's Trademarks and brand, please refer to The Shared Environment's Trademark Policy.
This policy is a part of our Terms.
1. The Shared Environment's Role
We provide a platform for third-party sellers who run their own shops, create their own policies, and are responsible for their inventory, but The Shared Environment does not manufacture goods, hold inventory, or deliver items on behalf of our sellers. The content uploaded on The Shared Environment's marketplace is generated by independent sellers who are not employees, agents, or representatives of The Shared Environment. 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 Shared Environment reserves the right to disable any listing, shop, or account that we believe violates our Terms, including this Intellectual Property Policy or our Prohibited Items Policy. The Shared Environment also reserves the right to take action against abusers of The Shared Environment’s Intellectual Property Policy, Prohibited Items Policy, or our Terms.
The Shared Environment is not in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. The Shared Environment will remove material cited for alleged intellectual property infringement when provided with a report that complies with our policies.
2. Reports of Intellectual Property Infringement
The Shared Environment strives to respond quickly by removing or disabling access to the allegedly infringing material when we receive a report of intellectual property infringement that complies with our policies. When The Shared Environment removes or disables access in response to a report, The Shared Environment makes a reasonable attempt to provide information about the report and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. The Shared Environment may also provide a copy of the infringement report, including the name and email address of the reporting party, to the affected member.
To submit a report of alleged infringement against The Shared Environment shop listings, email dmca@thesharedenvironment.com. This is the easiest way to report alleged infringement to The Shared Environment and its Designated Agent under the Digital Millennium Copyright Act and other intellectual property rights.
The Shared Environment may request additional information before processing a report, such as a letter of authorization from the rights owner, identity verification of the reporting party, or other documentation regarding the claimed right. The Shared Environment may reject reports of infringement or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Submission of false or bad faith notices of claimed infringement is punishable by law. The Shared Environment 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 Shared Environment accepts counter notices for US-based copyright infringement reports only. When The Shared Environment 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, and informs The Shared Environment of this action. Read more about DMCA notices, counter notices, and requirements here.
4. Repeat Infringement
The Shared Environment terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at The Shared Environment’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, The Shared Environment reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
5. Withdrawals
The Shared Environment only accepts withdrawals of infringement reports 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.
Once The Shared Environment receives a formal withdrawal of an infringement report, The Shared Environment will contact the withdrawing party to confirm receipt and will notify the affected member of 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.
This Policy may be updated periodically. Continued use of the Services constitutes acceptance of any updated version of this Policy.