Intellectual Property Policy
As a venue for artists, designers, and makers, Guyra 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 Guyra sellers can respond when their listings or shops are affected by a notice.
For more information on use of Guyra's intellectual property, including guidelines for the use of Guyra's Trademarks and brand, please refer to Guyra's Trademark Policy
This policy is a part of our Terms of Use.
1. Guyra's Role
Guyra 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 Guyra does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Guyra's marketplace is generated by independent sellers who are not employees, agents, or representatives of Guyra. 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.
Guyra 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. Guyra also reserves the right to take action against abusers of Guyra’s Intellectual Property Policy or our Terms of Use.
Guyra can’t speak on behalf of intellectual property owners, nor is Guyra in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Guyra will remove material cited for alleged intellectual property infringement when provided with a proper notice.
2. Notices of Intellectual Property Infringement
Guyra strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Guyra removes or disables access in response to a notice, Guyra 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. Guyra 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 Guyra’s Reporting Form to provide notice of claimed infringement to Guyra’s Designated Agent under the DMCA and for other intellectual property claims: www.Guyra.com/legal/ip/report. Using the form is the fastest way for us to address your claim.
If you are not able to use the reporting form, please read more about our general notice requirements and DMCA Designated Agent here.
Guyra may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Guyra may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Guyra also reserves the right to take action against abusers of this policy.
3. Counter Notice
In accordance with the Digital Millennium Copyright Act (DMCA), Guyra accepts counter notices for copyright notices only. When Guyra 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 Guyra of this action. Read more about DMCA notices, counter notices, and requirements here.
4. Repeat Infringement
Guyra terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Guyra’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, Guyra reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
6. Resources
If material was removed from your shop due to a notice of infringement, or if you would like to learn more about intellectual property issues in general, please refer to the following information: