Custom WearHouse Intellectual Property Policy
This policy is a part of our Terms of Use. By listing an item or shopping on Custom WearHouse, you’re agreeing to this policy and our Terms of Use.
1. Custom WearHouse’s Role
Custom WearHouse 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 Custom WearHouse does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Custom WearHouse’s marketplace is generated by independent sellers who are not employees, agents, or representatives of Custom WearHouse. 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.
Custom WearHouse 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. Custom WearHouse also reserves the right to take action against abusers of Custom WearHouse’s Intellectual Property Policy or our Terms of Use.
Custom WearHouse can’t speak on behalf of intellectual property owners, nor is Custom WearHouse in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Custom WearHouse will remove material cited for alleged intellectual property infringement when provided with a report that complies with our policies.
2. Reports of Intellectual Property Infringement
Custom WearHouse strives to respond quickly when we receive a report of intellectual property infringement that complies with our policies by removing or disabling access to the allegedly infringing material. When Custom WearHouse removes or disables access in response to a report, Custom WearHouse makes a reasonable attempt to contact the affected member, provide information about the report and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Custom WearHouse may also provide a copy of the infringement report, including the name and email address of the reporting party, to the affected member.
To submit a report of alleged infringement against Custom WearHouse shop listings, you can use the “Report This Item” button at the bottom of the page.
Custom WearHouse may request additional information before processing a report, such as a letter of authorization from the rights owner, identity verification of the reporting party, or other documentation regarding the claimed right. Custom WearHouse may reject reports of infringement or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Custom WearHouse also reserves the right to take action against abusers of this policy.
3. Counter Notice
In accordance with the Digital Millennium Copyright Act (DMCA), Custom WearHouse accepts counter notices for copyright infringement reports only. When Custom WearHouse 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 restraining the allegedly infringing party from relisting the items, and informs Custom WearHouse of this action. Read more about DMCA notices, counter notices, and requirements here.
4. Repeat Infringement
Custom WearHouse terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Custom WearHouse’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, Custom WearHouse reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
5. Withdrawals
Custom WearHouse only accepts withdrawals of infringement reports directly from the intellectual property owner or authorized 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 Custom WearHouse listing URLs).
Once Custom WearHouse receives a formal withdrawal of an infringement report, Custom WearHouse will contact the withdrawing party to confirm receipt and will notify the affected member of 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.
