Intellectual Property Policy
Last Updated: 09/24/2024
ArtWink (“we,” “us,” or “our”) respects the intellectual property rights of others and expects users of our platform to do the same. This Intellectual Property Policy explains the ownership of content, artwork, trademarks, and other intellectual property, as well as the actions we may take to address violations.
1. Ownership of Intellectual Property
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Platform Content: All content on the ArtWink platform, including but not limited to text, images, logos, graphics, designs, software, and other materials, is the intellectual property of ArtWink or its licensors, and is protected by copyright, trademark, and other intellectual property laws.
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User-Generated Content: When you upload, post, or submit content, including artwork, images, descriptions, and other media, to ArtWink, you retain all ownership rights to that content. However, by submitting content to ArtWink, you grant us a worldwide, non-exclusive, royalty-free, and transferable license to display, distribute, and promote your content on our platform for the purposes of providing the marketplace services.
2. License for Use of User-Generated Content
By submitting artwork or other content to the ArtWink platform:
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You grant us a limited license to display, reproduce, and distribute your content for purposes related to the operation of our platform, marketing, and promoting ArtWink.
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This license is non-exclusive, meaning you can still use your content in other ways. It is also royalty-free and worldwide, allowing us to use your content in marketing campaigns, social media, and more, without owing additional compensation.
3. Your Responsibilities as a Seller
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Originality and Ownership: By listing artwork on ArtWink, you affirm that you are the creator or legal owner of the artwork, or that you have all necessary rights and permissions to sell the artwork on our platform.
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Copyright and Trademark Compliance: Sellers must ensure that their artwork, descriptions, titles, and any other content do not infringe on the copyright, trademark, or intellectual property rights of any third party.
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Unauthorized Use: You are strictly prohibited from uploading, posting, or selling counterfeit, stolen, or otherwise unauthorized items, as well as content that violates the intellectual property rights of others. ArtWink reserves the right to remove listings and terminate accounts found to be in violation of these terms.
4. Reporting Intellectual Property Infringement
If you believe that your intellectual property rights have been violated on the ArtWink platform, please contact us with the following information:
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A detailed description of the copyrighted work or trademark that you claim has been infringed.
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A link to or description of where the allegedly infringing content is located on our platform.
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Your contact information (name, email address, phone number).
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A statement that you believe, in good faith, that the use of the content is unauthorized.
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A statement confirming that the information provided is accurate and, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of the intellectual property in question.
We will review all claims and take appropriate action, which may include removing the infringing content and, in certain cases, terminating the accounts of repeat offenders.
5. Counter-Notice for Sellers
If you are a seller whose content was removed due to a claim of intellectual property infringement, you have the right to file a counter-notice if you believe the claim was made in error. To submit a counter-notice, provide us with the following:
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Identification of the removed content and where it was located on the platform.
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A statement, under penalty of perjury, that you believe the content was wrongly removed.
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Your contact information (name, address, phone number, and email).
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A statement that you consent to the jurisdiction of the courts in the state in which you reside and that you will accept service of process from the person who filed the original infringement claim.
Upon receiving a valid counter-notice, we may reinstate the removed content unless the original claimant initiates a legal action.
6. Termination for Repeat Infringers
ArtWink reserves the right to terminate the accounts of users, buyers, or sellers who are repeat infringers of intellectual property rights. We operate a "three-strike" policy: after three valid claims of infringement, the offending user’s account may be permanently terminated.
7. Third-Party Intellectual Property
ArtWink respects the intellectual property of third parties and requires all users to do the same. Any use of third-party intellectual property, including trademarks, copyrights, or patents, without authorization is strictly prohibited. We are not liable for any unauthorized use of third-party intellectual property by users or sellers.
8. Trademarks
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The ArtWink name, logo, and any other related brand names or marks are trademarks of ArtWink. You may not use, copy, or imitate these marks without our prior written consent.
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All other trademarks displayed on the platform are the property of their respective owners, and any unauthorized use is strictly prohibited.
9. Changes to This Policy
We reserve the right to update or modify this Intellectual Property Policy at any time. Any changes will be posted on this page, and we will notify users of significant updates. Your continued use of the platform after such changes constitutes your acceptance of the revised policy.​
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