Action Policy: Copyright/Trademark/Patent/Intellectual Property

Copyrights and Intellectual Properties carry with them grey areas where usage is concerned.  We ask that you, as a merchant, do your best to keep from violating any of the following rules.  If you are warned of a violation, you must, immediately, correct the issue, or your listing will be taken down.  You may also be subject to a temporary or permanent revocation of your merchant rights here on the MarketStop MarketPlace, depending on the circumstance.  In a very large amount, (almost 100%), of instances concerning copyright infringement and/or intellectual property, because of the inability to access legal documents and the like, accountability for an infringement is generally and usually unintentional, and all you need to do, as a merchant, is remove the offending material(s).

By using our web site you agree to the following:

MarketStop and its members and constituents respect the intellectual property, copyrights, trademarks, and patents of others and expects its merchants and the community utilizing its web site to follow suit, therefore,

POSTED TEXT MUST BE ORIGINAL OR PROPERLY CREDITED, OR TEXT MAY BE USED FROM WIKIPEDIA.ORG, ACCORDING TO THEIR GUIDELINES.  THE INFORMATION TO, AND LEGALITIES OF, ITS USE CAN BE FOUND HERE.   PHOTOGRAPHS MUST BE ORIGINAL, PROPERLY CREDITED (IF USE IS GRANTED), ROYALTY FREE, AND/OR STOCK IMAGES SPECIFICALLY RELEASED INTO THE PUBLIC BY THE MANUFACTURER FOR SALES AND PROMOTION.  ECOMMERCE WEBSITES SHOULD SHOW STOCK IMAGES THAT ARE ROYALTY-FREE AND MAY BE USED FOR THE SALE OF ANY PRODUCT THEY REFER TO; THESE ARE GENERALLY PRODUCED BY OTHER MERCHANTS OR THE MANUFACTURER THEMSELVES.  VIDEO MUST BE ORIGINAL OR DERIVED FROM YOUTUBE, BUT ONLY EMBEDDED INTO YOUR LISTING AS SHARED CONTENT, ACCORDING TO THE YOUTUBE POLICY FOUND HERE.  ANY TEXT, PHOTOS, OR VIDEOS THAT ARE NOT ORIGINAL TO YOU, OR FOR WHICH YOU ARE NOT THE COPYRIGHT OWNER, OR HAVE NOT OBTAINED WRITTEN PERMISSION FROM THE COPYRIGHT OWNER TO POST, OR DOES NOT MEET THE AFOREMENTIONED WRITTEN AND LINKED GUIDELINES MUST BE TAKEN DOWN FROM THE MARKETSTOP MARKETPLACE IMMEDIATELY.  LASTLY, PICTURES OR HOME VIDEOS HAVING PEOPLE IN THEM WITHOUT THEIR EXPRESSED CONSENT IS NOT PERMITTED UNLESS THEIR FACES ARE PIXELATED.  IN SHORT, DO NOT POST ANY COPYRIGHT, TRADEMARK, OR PATENT INFRINGING, RIGHT OF PUBLICITY BREACHING, FALSE, OBSCENE, LEWD, PORNOGRAPHIC, SALACIOUS, LIBELOUS, OR OVERLY INSENSITIVE MATERIAL ON THE SITE.

(A MOST IMPORTANT ASIDE:  Please note that in the present day and age, words are highly offensive to some.  It is best that you do your utmost to avoid placing yourself in such situations.  As with other issues on this page, there is plenty of grey area here, as well.  For instance, homosexuals are offended by people who slander homosexuals, but in the same vein, other people are offended by the sexual activities of homosexuals; each aggrieving the other.  In order to curb these sorts of conflicts, it is best to refrain from any personal and subjective points of view on the MarketStop MarketPlace.  We ask that you do your best to follow through with this request to make the environment here a more accepting and appreciative one.  The mature, but often not taken, point-of-view is that we, as a society, will never, EVER all agree on everything, but we can certainly be civil and get along as grown adults should.  That being said, we at MarketStop are also absolute proponents of our country’s amendments and God-given rights.  We will never filter speech as the big-tech monopolized companies do, based on political, personal, religious, or subjective agendas, but since young children may access our site, please understand that lewd, pornographic, and profane language, photos, and materials are never allowed).

There are consequences to not following the above capitalized content:

  • Effects On Your Account
  1. First Violation:  You will be warned and asked to remove the offending material
  2. Second Violation:  We will suspend your account for a minimum of 30 days
  3. Third Violation:  Your account will be terminated indefinitely
  • After the second violation, your information will be given to whomever’s intellectual rights you have violated
  • If you should cause us any damages, expenses, or harm because of your actions, we will seek reimbursement from you for all such expenses

Your actions are your own.  MarketStop is a community venue, and we are not responsible for the actions of those who utilize our site.  So, by being an approved merchant here, you agree to defend, indemnify, and hold harmless MarketStop (us), its affiliates, and all of the respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from, and against, any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including lawyers’ fees and litigation expenses) relating to or arising from the content you post, breach of your warranties or representations, and/or any breach by you of your obligations to us.

If you feel your own intellectual property has been violated by material posted on the website and are offended by its use by other parties, we comply with the take down and counter notification provisions of the DMCA 17 U.S.C.A. § 512.

If you believe your copyright protected work has been infringed upon on our website, please file a proper DMCA Take Down Notice, instructions found HERE. To file such a notice of infringement with us, you must provide a written communication (by regular mail – in addition to any e-mail notification that sets forth the statutory items set forth below.)

IMPORTANT: You will be liable for damages (including costs and lawyers’ fees) if you materially misrepresent that material is infringing your copyrights when it is not. If you are unsure if material found on our web site infringes your copyrights, we recommend that you consult an attorney before sending us a notice.

In order to vet out fraudulence on the part of dishonest, competing merchants posing as rights owners, the notice submission MUST also include the following information:

  • a. Identify in sufficient detail the copyrighted work or trademark usage that you believe has been infringed upon (for example, “The copyrighted work at issue is the logo that appears on Ex: https://www.555.com/page_.html”) or other information sufficient to identify the copyrighted work being infringed.
  • b. Identify the material that you claim is infringing the copyrighted work listed above. You must provide the URL to each MarketStop website page that allegedly contains infringing material.
  • c. Provide your address, telephone number, and email address so that a MarketStop family member can contact you.
  • d. Provide information, to the best of your ability, sufficient enough to permit MarketStop to notify the alleged offending merchant of the purportedly infringing webpage and/or other content/material (an email address is required).
  • e. You must include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner or trademark owner, its agent, or the law.”
  • f. You must include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright/trademark owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”  Note that if you are found to be committing fraud and posing as a rights-owner when you are not, you WILL be turned over to the proper authorities for criminal prosecution.  So do not even attempt to do this dishonesty!
  • g. Sign your take down notice.
  • h. Send the written communication to the following address:

MarketStop
Attn: Copyright Team
65 Cheshire Dr
Belleville, IL 62223-3413
admin@marketstop.com

Any allegedly infringing trademarked material that is used without permission of the trademark owner may be removed at MarketStop’s judgment.

Any of our family members who post any material which is claimed by a third party to be infringing agrees that MarketStop may remove it, in its sole discretion, without any liability to the poster for any claims, damages, expenses, and/or costs of any type.

MarketStop is not an arbitrator or mediator and does not make any determinations as to whether third party claims have merit or if there is a defense to such claims. It does not arbitrate or make legal determinations as to whether a particular use of material is authorized, subject to a license, a fair use or otherwise allowed, and does not wish to be involved in such disputes between third parties … EVER. Thus, MarketStop’s right of removal shall apply even if the poster has in fact the right to post the content. This last comment is highly unlikely but must be stated in the event a particular situation may lead to a resolution of this manner.

You agree that any dispute between us will be governed by the laws of the State of Illinois and resolved in Illinois and you grant the courts in Illinois personal jurisdiction over you for these purposes.

We will state once more that MarketStop is a community website and we are NOT liable for any listing, or any part of a listing, that may infringe upon someone’s intellectual property.  Also, if any potential violation of the above stated manners should occur, we would expect civility, comity, respect, and understanding, on the parts of all parties, to rise to the forefront, and as such, lead the situation to be worked out peacefully and amiably so that courts, lawyers, judges, and expensive, unnecessary litigations are avoided in totality.  These sorts of extremes are generally superfluous and a detriment to all parties involved … liable or not.  Please note that the vast majority of intellectual property usage disputes are not intentional, and therefore, should not entail monetary and legal accountability.  Simply asking the offending party to remove the material is the adult thing to do.

 

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