Our Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit reports of infringement regarding content on our marketplace, and how EverythingEQ sellers can respond when their listings or shops are affected by a report.

This policy is a part of our Terms of Use.

1. EVERYTHINGEQ’S ROLE

EverythingEQ is a marketplace comprised of individual third-party sellers. Each seller runs their own shop, creates their own policies, and is responsible for their inventory, shipments, and complying with the law. EverythingEQ does not manufacture goods, hold inventory, or ship items on behalf of sellers. The content on our marketplace is generated by independent sellers who are not employees, agents, or representatives of EverythingEQ. 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.

EverythingEQ reserves the right to remove any product, shop, or account that we believe violates our Terms of Use, including this Intellectual Property Policy or our Prohibited Items Policy. EverythingEQ also reserves the right to take action against abusers of our Intellectual Property Policy or our Terms of Use.

We can’t speak on behalf of intellectual property owners and cannot offer legal advice or make legal determinations in regards to whether a shop’s content infringes upon someone else’s intellectual property. EverythingEQ 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

EverythingEQ strives to respond quickly to intellectual property infringement reports. Before removing a product listing or disabling access to a shop in response to a report, we will make reasonable attempts to contact the seller, provide information about the report and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. EverythingEQ may also provide a copy of the infringement report, including the name and email address of the reporting party, to the affected seller.

3. HOW TO SUBMIT A REPORT

To submit a report of alleged intellectual property infringement against an EverythingEQ seller and their listing(s), please use our contact form to submit the following information:

    1. A signature of the person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name);
    2. Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
    3. Identification of the material on EverythingEQ that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that EverythingEQ is capable of finding and verifying its existence (provide the link or URL to each listing you allege is infringing);
    4. Contact information of the notifier including the name of the intellectual property owner, the name and title of the person contacting EverythingEQ on the owner’s behalf, the address, telephone number, and email address;
    5. A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
    6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.

EverythingEQ may request additional information before processing a report, such as identity verification of the reporting party or documentation regarding the claimed right.

4. FALSE REPORTS

EverythingEQ may reject reports of infringement or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. EverythingEQ also reserves the right to take action against abusers of this policy. You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your intellectual property. If you are unsure of whether the material infringes upon your intellectual property, please contact an attorney prior to contacting EverythingEQ.

5. COUNTER NOTICE

In accordance with the Digital Millennium Copyright Act (DMCA), EverythingEQ accepts counter notices for copyright infringement reports only. When EverythingEQ 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 against the allegedly infringing party and informs EverythingEQ of this action.

6. REPEAT INFRINGEMENT

EverythingEQ will terminate the privileges of sellers who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at EverythingEQ’s discretion. We reserve the right to refuse all services to the seller and any accounts we believe are associated with or operated by the affected seller. Per our Terms of Use, EverythingEQ reserves the right to terminate account privileges at any time, for any reason, and without advance notice.

7. WITHDRAWALS

EverythingEQ 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 seller and/or material (such as by providing the username, shop name, and EverythingEQ listing URLs).

Once EverythingEQ receives a formal withdrawal of an infringement report, EverythingEQ will make reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the seller affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a seller’s shop status.