Intellectual Property Policy
1. Outlabeled’s Role
Outlabeled provides a marketplace for third-party sellers who operate their own online shops, and as such Outlabeled does not manufacture goods, hold inventory or ship items on behalf of these third-party sellers. These third-party sellers are independent of Outlabeled and are not agents, employees or representatives of Outlabeled, and each is responsible for the content it uploads and its own business policies. These third-party sellers are obligated to ensure they have all necessary rights to any content they post and that said content is not a violation or infringement of any third party’s intellectual property rights.
Outlabeled cannot make any statements or representations on behalf of intellectual property rightsowners. Outlabeled is not offering any legal advice in this policy and will not make any legal determination as to whether a third-party seller has infringed a rightsowner’s intellectual property. All Outlabeled will do is remove content identified as an alleged intellectual property infringement when an intellectual property rightsowner submits a notice that meets all requirements.
2. Notices of Intellectual Property Infringement
To report an intellectual property infringement by a third-party seller on Outlabeled’s website, please send a notice of infringement to firstname.lastname@example.org (preferably by email to ensure the most prompt response), which must include all of the following items:
1. The name of the owner of the intellectual property.
2. The contact information for the party submitting the notice, including name, email address, address, and telephone number.
3. A sufficiently detailed identification of the work that has allegedly been infringed.
4. An identification of, and the location/URL of, the allegedly infringing content, so that Outlabeled has sufficient information to identify the content with specificity.
5. A statement that the notifying party has a good-faith belief that the allegedly infringing content is not authorized by the intellectual property rightsowner, its agent, or the law.
6. A statement under penalty of perjury that the information provided in the notice is accurate.
7. A statement, under penalty of perjury, that the notifying party is authorized by the intellectual property rightsowner to submit the notice.
8. A signature of a person authorized to act on behalf of the intellectual property owner whose rights have allegedly been infringed. This signature does not have to be pen and ink, it can be provided just by typing the person’s name.
Outlabeled tries to quickly respond to all proper notices of intellectual property infringement by disabling or removing access to the allegedly infringing content. Outlabeled may contact the notifying party to request additional information, verify their identity or request documentation to substantiate the ownership of the allegedly infringed content. When Outlabeled removes or disables access in response to a notice, Outlabeled makes a reasonable attempt to contact the affected third-party seller, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter-notice. Outlabeled may also provide a copy of the infringement notice, which, as stated above, includes the contact information of the notifying party, to the allegedly infringing third-party seller.
Outlabeled reserves the right to reject notices/counter-notices submitted in bad faith, or notices/counter-notices containing false, fraudulent or incomplete information. If a notifying party misrepresents that content is infringing, the notifying party may be liable for damages such as costs and attorneys’ fees. As such, if there is a question as to whether or not content is infringing a rightsowner should consult with an intellectual property attorney before submitting a notice. Outlabeled reserves the right to terminate an account or take other legal action in the event that it receives abusive or fraudulent notices.
If you receive a notice that your content allegedly infringes the intellectual property rights of another, we encourage you to directly contact the party that submitted the notice using the contact information that Outlabeled provides you, or speak with an intellectual property attorney.
For notices advising of alleged copyright infringement, Outlabeled accepts counter-notices, per the Digital Millennium Copyright Act (DMCA), that meet the requirements of the law and allege that you have a good faith belief that the content was removed as a result of a misidentification or mistake.
To submit a counter-notice, either respond to the email advising you of the notice, or send an email to email@example.com that includes all of the following information:
1. Your name, email address, address and telephone number.
2. Identification of, and the location/URL of, the content that has been removed or disabled.
3. A statement made under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content.
4. A statement that you consent to the jurisdiction of the federal court for the judicial district in which you are located, or if your address is located outside the United States, for any judicial district in which Outlabeled is located, and that you will accept service of process from the person who provided the original notification or an agent of such person.
5. Your signature, which may be provided electronically by typing your name.
When Outlabeled receives a DMCA counter-notice, we will provide a copy of the counter-notice to the party that submitted the original notice. The removed content may be put back up or have access to it restored within 10 business days after the counter-notice is processed by Outlabeled, unless the rightsowner of the allegedly infringed copyrighted content files a lawsuit seeking an order from a court against the allegedly infringing third-party seller and advises Outlabeled of this lawsuit.
4. Multiple Infringement Notices
5. Withdrawals of Notices
Outlabeled only accepts withdrawals of infringement notices that it receives from the intellectual property rightsowner, or its authorized representative who submitted the original notice of infringement. The withdrawal of the notice must state that it is a formal withdrawal, and sufficiently identify the third-party seller and/or content that is the subject of the withdrawal (by including the original notice or providing information such as the relevant URL).
Once Outlabeled receives a formal withdrawal, Outlabeled will make reasonable efforts to advise the withdrawing party that it has received the withdrawal, and notify the third-party seller of the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a third-party seller’s shop status.