COPYRIGHT AND TRADEMARK POLICY

This Copyright and Trademark Policy is incorporated into the Terms of Service (the “Terms”). Capitalized terms not otherwise defined herein will have the meaning ascribed to them in the Terms. In the event of any inconsistency between this Copyright and Trademark Policy and the Terms, this Copyright and Trademark Policy will prevail.

IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU ARE UPHOLDING YOUR LEGAL RESPONSIBILITIES AND NOT VIOLATING ANYONE’S RIGHTS OR BREAKING ANY LAWS BY PUBLISHING OR OFFERING ARTWORK FOR SALE THROUGH THE KALANKIT SERVICES.

YOUR CONTENT

As between you and us, you own all and retain all rights in all artwork and content that you have submitted, posted, published, displayed, or offered for sale through the Kalankit Services. You hereby grant Kalankit and its affiliates a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your artwork and content in any format or medium now known or later developed for the purpose of promoting your artwork and content, producing and promoting your products, and providing the other Kalankit Services to you.

YOU, AND NOT WE, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR ARTWORK AND CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR ARTWORK AND CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR ARTWORK AND CONTENT.

You represent and warrant that:

1. you own all intellectual property rights in your artwork and content, or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your artwork and content available through the Kalankit Services, to distribute and sell products that include your artwork and content and to grant us the rights granted to us in the Terms;
2. your artwork and content and the distribution and sale of products that include your artwork and content do not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
3. you will review and comply with the Terms, the Privacy Policy, all other rules, policies and procedures that we may publish from time to time and all applicable laws, rules and regulations;
4. your artwork and content do not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
5. your artwork and content are accurate, not misleading or deceptive, and do not lead to offering or disseminating fraudulent or counterfeit products.

We reserve the right to pre-screen your artwork and content (but have no obligation to do so), to review and remove your artwork and content from the Kalankit Services, and to cancel the Kalankit Services we provide to you at any time at our sole discretion. If you submit artwork and content that we, in our sole discretion, believe may infringe another party’s intellectual property rights, we may immediately terminate your account, in addition to any other remedies it may have.

Procedure for Reporting Infringements

We respect the intellectual property rights of others and expect you to do the same. It is our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks or other intellectual property rights of others.

If you believe in good faith that any artwork or content made available through the Kalankit  Services infringes upon your intellectual property rights, you may submit a notice of claimed infringement to us by providing the following information in writing to our designated agent (listed below) (“Designated Agent”):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed;
2. Identification of the works claimed to have been infringed, or if this is a single notification of a copyright infringement claim covering multiple copyrighted works on the Kalankit Services, as permitted under the Indian Copyright Act, 1957 and Indian Trademark Act 1999, a representative list of such works on the Kalankit Services;
3. Identification of the artwork or content that are claimed to be infringing or to be the subject of infringement activity and that are to be removed or access to which are to be disabled, including information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and e-mail address;
5. A statement that the complaining party has a good faith belief that the use of the artwork or content is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information in your will is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Kalankit’s Designated Agent can be contacted here or at the following address:

Simply Unusual Private Limited

E-29, First Floor, Siddharth Nagar

Sector – 9, Malviya Nagar

Jaipur – 302 017, RJ, India

Attention: Copyright Agent, Legal Department

Email: [email protected]

You acknowledge that if you fail to comply with all of the above notice requirements of this Copyright and Trademark Policy, your notice may not be valid.

When a complete and proper notice is received by the Designated Agent, it is our policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include without limitation: (a) removing or disabling access to the artwork or content identified in the notice; (b) notifying the applicable artist that we have removed or disabled access to such artwork or content; (c) cancelling orders for products that include the artwork and content identified in the notice; (d) terminating such artist’s account; and (e) terminating and/or retrieving payments of any Artist Revenue Share to such artist.

Only notices of suspected intellectual property rights infringement should be sent to the Designated Agent. For all other requests for technical support, feedback, comments, and other communications, please contact Customer Support.

Procedure to Provide a Counter-Notice

If you, as the artist, believe that the artwork or content that was removed or to which access was disabled or for which orders were cancelled are not infringing, or if you believe you have obtained all required rights from their owners, the owners’ agent, or pursuant to the law, you may send a counter-notice containing the following information to the Designated Agent:

1. Your physical or electronic signature;
2. Identification of the artwork or content that has been removed or to which access has been disabled and the location at which the artwork or content appeared before it was removed or access to it was disabled;
3. A statement, under penalty of perjury, that you have a good faith belief that the artwork or content was removed or disabled as a result of mistake or a misidentification of the artwork or content to be removed or disabled; and
4. Your name, address, telephone number, e-mail address and a statement that you consent to the Agreement to Arbitrate in the Terms.

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing the complaining party that we may replace the removed artwork or content, cease disabling it and/or reinstate cancelled orders in ten (10) business days following receipt of the counter-notice unless the complaining party notifies the Designated Agent that it has filed an action seeking a court order to restrain the artist from engaging in infringing activity relating to the artwork or content that was the subject of the notice.