Intellectual Property Policy -This policy is part of our Terms of Use
1. Quirky.im’s Role
Quirky.im is a marketplace of individual third-party sellers. They run their own shops and are responsible for their inventory, delivery, and complying with the law. Quirky.im does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Quirky.im’s marketplace is generated by independent sellers who are not employees, agents, or representatives of Quirky.im. 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 listing it for sale.
Quirky.im reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use. We also reserve the right to take action against abusers of our Intellectual Property Policy or our Terms of Use.
Quirky.im is not in a position to offer legal advice or make determinations as to whether a shop’s content infringes someone else’s intellectual property. We will strive to respond quickly to remove material cited for alleged intellectual property infringement when provided with a proper notice.
2. Notices of Intellectual Property Infringement
When Quirky.im removes or disables access in response to a notice, we will contact the affected member and provide information about the notice and removal. Quirky.im may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.
Quirky.im may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Quirky.im may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Quirky.im also reserves the right to take action against abusers of this policy.
3. Repeat Infringement
Quirky.im terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Quirky.im’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. Per our Terms of Use, Quirky.im reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
4. Notice Withdrawals
Quirky.im only accepts withdrawals of infringement notices directly from the intellectual property owner or authorised 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, shop name, and Quirky.im listing URLs).
Once Quirky.im receives a formal withdrawal of a notice of infringement, Quirky.im 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 shop status.
Last reviewed 27 September 2022