Intellectual Property PolicyThe Effective Date of this Intellectual Property Policy is December 9, 2011
We may make changes to this policy in the future. If we make material changes, we will post the amended policy on our Site and notify you through an announcement on our home page, by email, or other means that we deem appropriate. Your continued use of the Site following such notification will constitute your consent to these changes.
1. Rules for User Generated Content and Goods on the Site
The Site provides, among other things, a marketplace to allow designers and users who comply with Dering Hall’s policies to offer, sell and buy at fixed prices select designer furnishings, home goods and other products (“Goods”) that are acceptable to Dering Hall. The Site allows interior designers, architects, artisans, and designer dealers that have accounts with Dering Hall and that list Goods for sale or displaying portfolios of their work (collectively, “Designers”) to post information, text, graphics, images, photos, video, items, links or other content (collectively “Designer Content”) to Designer-dedicated storefronts on the Site. We do not control third party content and Designers are solely responsible for the content of, and any harm resulting from, Designer Content that they post to, and Goods that they list for sale on, the Site.
(i) The Designer Content is not illegal, counterfeit, stolen, obscene, vulgar, defamatory, libelous, pornographic, offensive, fraudulent, false or misleading, harmful to minors, or disparaging to us or our affiliates;
(ii) The Designer owns, or otherwise controls or has a license to all necessary rights, including intellectual property rights, to post the Designer Content to the Site, and that the Designer has sufficient rights to grant Dering Hall a license to use, modify and display the Designer Content;
(iii) The Designer Content and the Designer’s conduct in posting the Designer Content do not violate any applicable laws, regulations, or Dering Hall policies, or violate, infringe or misappropriate the rights of any other person (including rights of publicity, rights of privacy and intellectual property rights);
(iv) The Designer Content does not include solicitations for personal information of other users of the Site or advertisements or promotional materials for any products or services other than the Designer’s Goods that are listed for sale on the Site in accordance with Dering Hall’s policies; and
(v) The Designer Content does not contain malicious or disabling computer code, including viruses, Trojan horses, worms, time bombs, corrupted files, keylogger software or bots.
(b) Designer Goods. When a Designer lists Goods for sale in the Designer’s dedicated storefront on the Site, or otherwise provides descriptions to Dering Hall of the Designer’s Goods to be sold to users directly by Dering Hall through the Site, the Designer represents and warrants that:
(i) The Designer owns, or otherwise controls or has a license to all necessary rights to sell the Goods;
(ii) The Designer’s Goods description, the Goods, and the Designer’s conduct in listing the Goods for sale do not violate any applicable laws, regulations, or Dering Hall policies, or violate, infringe or misappropriate the rights of any other person (including rights of publicity, rights of privacy and intellectual property rights); and
(iii) The Designer’s Goods are not illegal, counterfeit, or stolen.
2. Infringement and Objectionable Material Reporting and Response
If you have a good faith belief that your intellectual property rights have been violated by any content or materials that are available on the Site, or if you come across any offensive or objectionable materials on the Site that you believe violate this or any other Dering Hall policy, or any other law, please let us know by following the instructions below.
If we believe that any user or content on the Site is infringing any intellectual property rights of others, violating any of Dering Hall’s policies, or violating any other applicable laws, we may, without limiting any other options we may have, limit, suspend or terminate our services and accused user accounts, and remove, restrict or disable access to the Site or infringing or objectionable materials on the Site, or take any other action that we deem to be appropriate, in our sole discretion. We may, in our discretion in appropriate circumstances, suspend or terminate accounts of users that may be repeat infringers of intellectual property rights of others, and we reserve the right to do so for single instances of infringement as well.
3. How to Report Infringement and Offensive Content
(a) Reporting Suspected Copyright Infringement.
If you have a good faith belief that your copyrighted work has been used in a manner that constitutes copyright infringement, you may notify us by sending us a detailed written notice. This notice must be physically or electronically signed by the copyright owner or another person that is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and must include the following information:
(i) An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(ii) An identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. Include information regarding the location of the infringing material that is sufficient to permit Dering Hall to locate the material. Providing URLs is the best way to help us locate content quickly.
(iii) Your contact information, which should be reasonably sufficient to permit us to contact you, and should include the name of the copyright owner and, if you are not the owner, your name and title. Please provide your address, telephone number, and, if available, an e-mail address at which you may be contacted.
(iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
(b) Reporting All Other Intellectual Property Infringement and Objectionable Content.
If you have a good faith belief that your intellectual property rights (other than copyright) are being violated, or that any content or materials available on the Site violate your rights, any Dering Hall policy or applicable law, or if you are reporting offensive or objectionable content or conduct to Dering Hall, you may send us a written notice, describing in detail:
(i) The nature and location on the Site of the content or materials.
(ii) The nature of your specific concerns about the content or material (for example, it is obscene, or it infringes on your trademarks or other proprietary rights).
(iii) If you are reporting an infringement of your intellectual property rights, identify the source of the rights that you believe are being violated (for example, a trademark registration number or a patent number).
4. Contact Information for Dering Hall’s Designated Agent
All written notices described above should be mailed to Dering Hall at:
40 Thompson Street, 4th Floor, New York, NY 10013