INTELLECTUAL PROPERTY POLICY
OppSpot takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorised parties can submit reports of infringement regarding content on our marketplace, and how OppSpot sellers can respond when their listings or shops are affected by a report.
This policy is a part of our Terms and Conditions.
1. OppSpot's Role
OppSpot 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 OppSpot does not manufacture goods, or deliver items on behalf of our sellers. The content uploaded on OppSpot's marketplace is generated by independent sellers who are not employees, agents, or representatives of OppSpot. 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.
OppSpot reserves the right to disable any listing, shop, or account that we believe violates our Terms and Conditions, including this Intellectual Property Policy or our Prohibited Items Policy. OppSpot also reserves the right to take action against abusers of OppSpot’s Intellectual Property Policy or our Terms and Conditions.
OppSpot can’t speak on behalf of intellectual property owners, nor is OppSpot in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. OppSpot 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
OppSpot 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 OppSpot removes or disables access in response to a report, OppSpot makes a reasonable attempt to contact the affected member and provide information about the report and removal. OppSpot 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 usernames, shop names or videos on an OppSpot product page, email OppSpot at getintouch@oppspot.com.au.
To submit a report of alleged infringement against OppSpot shop listings, you can email OppSpot at getintouch@oppspot.com.au.
OppSpot may request additional information before processing a report, such as a letter of authorisation from the rights owner, identity verification of the reporting party, or other documentation regarding the claimed right. OppSpot may reject reports of infringement or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. OppSpot also reserves the right to take action against abusers of this policy.
3. Repeat Infringement
OppSpot terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at OppSpot’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 and Conditions, OppSpot reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
4. Withdrawals
OppSpot only accepts withdrawals of infringement reports directly from the intellectual property owner or authorised 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 OppSpot listing URLs).
Once OppSpot receives a formal withdrawal of an infringement report, OppSpot 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.