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  CarArt.com Intellectual Property Policy  
     
 
CarArt.com respects the intellectual property rights of others, and we expect our users to do the same. Users may only upload images and products to the CarArt.com Image Marketplace to which they own either
  1. all intellectual property rights, or
  2. at minimum, the rights of distribution.
Images of your own creation – unique images that you have created and for which you own all title, rights, and interest in – are usually images that won’t infringe on the intellectual property rights of others. Most images that are uploaded to the CarArt Image Marketplace fit this category.

Other images that may also be published on CarArt.com are images which belong to the Public Domain (see http://en.wikipedia.org/wiki/Wikipedia:Public_domain_image_resources)

CarArt.com may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. Royalties will not be paid to users who upload images that infringe on the copyrights of others for sales made in relation to such infringing images.

If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify CarArt.com's Copyright Agent, and provide the following information ("Notice"):
  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
  2. a description of the copyrighted work and/or trademark claimed to have been infringed;
  3. a description of where the claimed infringing Content is located on our Site;
  4. your address, telephone number, and email address
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
We have instituted the following procedures to facilitate cooperation between CarArt.com and you in protecting your intellectual property rights:
  • CarArt.com screens every uploaded image and will do our best to avoid publishing images to our Website that clearly infringe on the intellectual property rights of others
  • Prompt removal of such images or products where an appropriate intellectual property infringement claim is filed by intellectual property rights owners against the user of CarArt.com's service who submitted such listings
  • Written notification to users whose listings are claimed to infringe the intellectual property rights of others, and provision of an opportunity to respond to such charges
  • Termination, when appropriate, of the accounts of users of the CarArt.com.com service who appear to be repeat infringers.
CarArt.com is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace - who post tens of thousands of images and products on the CarArt.com website - have the right to distribute and publish the images and products offered. We appreciate your assistance in identifying images and products which you believe are infringing. CarArt.com is also not an arbiter or judge of disputes about intellectual property rights. By taking down a published image or product, as a prudential matter, CarArt.com is not endorsing a claim of infringement. Neither, in those instances in which CarArt.com declines to take down an image or product, is CarArt.com determining that the item is not infringing, nor is CarArt.com endorsing the sale of goods in such cases.

We ask those who assert claims of infringement and ask CarArt.com to stop others from listing trade leads on our marketplace to stand behind their claims. By submitting a report of alleged infringement to CarArt.com and asking CarArt.com to take down a listing, you agree to indemnify CarArt.com against claims or damages arising from the removal of the accused listing.

Procedures for reporting an alleged infringement to CarArt.com:
  1. If you have a good faith belief that an image or product on CarArt.com infringes your copyright, trademark, patent or other intellectual property rights, you may email us at help@carart.com.
  2. Upon receipt of the Notice, we will promptly evaluate your complaint, and in cases where it appropriate, we will expeditiously remove the image or product referred to in the Notice.
  3. We will notify the vendor or artist in writing of the removal of the claimed infringing product listing and provide the vendor with your contact information so that the vendor may contact you directly and with an opportunity to respond.
  4. If the vendor or artist objects to the removal of the alleged infringing image or product listing, the vendor or artist may submit to us an appropriate counter-notice to dispute the claim. Upon receipt of such counter-notice, we may resume the vendor/artist’s listing unless we receive notice from you that an action has been filed against the vendor/artist in a court of competent jurisdiction for infringement of your intellectual property rights.
For other questions or concerns relating to content or intellectual property rights on the CarArt.com website, please contact us at
 
 
 
 
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