Last Updated: April 10, 2019
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 BOHOBOX SERVICES.
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 Bohobox Services. You hereby grant Bohobox 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 Society 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:
We reserve the right to prescreen your artwork and content (but have no obligation to do so), to review and remove your artwork and content from the Bohobox Services, and to cancel the Bohobox Services we provide to you at any time in 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.
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 Bohobox 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”):
Bohobox Designated Agent can be contacted here or
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 or brand.
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.
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:
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.