DIFMARK COPYRIGHT POLICY
We recognize and respect intellectual property rights and are committed to fulfilling our legal and moral obligations with respect to the use of copyrighted works.
This document is the Difmark Copyright Policy (hereinafter – “Policy”) that applies to the User’s (“User”, “You”) use of, actions, and copyright protection relating to the content placed on the Difmark online marketplace.
Difmark marketplace is designated for and acts as an online platform, where the Seller(s) can offer their digital items to the Buyer(s) and the Buyer(s) can purchase thereof, directly between the Seller and the Buyer.
Despite Difmark adheres to the list of Prohibited/Restricted Items and Activities on its online marketplace, which should be strictly observed by the Users, Difmark is not and cannot be responsible for the content provided by the Users, including content with protected copyright.
The website content placed on or accessible through Difmark marketplace, and compilation thereof is the property of Difmark Administration protected by U.S. (Title 17, United States Code) and international copyright laws.
All content of the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Difmark (as per the website infrastructure and marketplace provision) or Difmark’s content suppliers (e.g., as per the Seller(s)’s posts, etc.) protected by United States and international copyright laws.
POSTING RULES FOR SELLERS IN RESPECT OF COPYRIGHT
1) Product items should be posted in accordance with requirements as follows:
Observe copyright, patent law, trade secrets, as well as other intellectual property rights.
Post only those images, texts, videos, drawings, where you are the author or the owner. Otherwise, you may post third-party content, if that third party authorised you to do so.
Products/services posted must comply with the requirements of the applicable legislation, including the regulations on copyright, advertising and marketing.
Please abide by the list of products/services not allowed for publication on Difmark marketplace platform (Prohibited Items).
If the products/services or your type of business activity are subject to mandatory licensing or certification, please download the relevant documents in a respective section of the website, where applicable.
PROHIBITIONS AND LIMITATIONS IN RESPECT OF COPYRIGHT
It is strictly forbidden to sell and buy:
fraudulent or illegal digital items,
third party rights violation products/services,
goods or services that infringe the intellectual property rights.
THE USER’S RIGHTS AND OBLIGATIONS IN RESPECT OF COPYRIGHT
The User shall be solely liable for the content of its listings on Difmark marketplace platform and full compliance with the mandatory laws and regulations of the country(-ies) where the User operates.
Hereby, the User confirms to Difmark that it owns or has lawful rights to use, utilise, distribute all information, data, schedules, texts, video, music or other intellectual property, which is offered to other Users (clients/buyers), who access and use this platform.
In case Difmark finds that the User uses Difmark for sales that are in breach of the applicable local or international laws or regulations, Difmark reserves the right to cancel its Services provision hereunder with immediate effect and without prior notice to the User.
WARRANTIES AND REPRESENTATIONS IN RESPECT OF COPYRIGHT
The User guarantees that the products/services offered by it shall be in compliance with the information specified in the name and description of the items, are free from claims of third parties and the fact of their placement does not violate intellectual property rights.
Placing the offer of products/services sale specifying the Trade Marks, the User warrants that these items are placed by him/her legally and lawfully (with the consent of the copyright holder or after the goods are put into civil circulation by him or an authorized person).
Placing information about the products/services subject to mandatory certification, where applicable, or licensed activities, the User is responsible for the respective documentary permits availability, where applicable.
In case the Administration reveals information, products, services prohibited to be published and/or offered in accordance with this Policy and/or the applicable legislation, or the activity provided without appropriate authorization and permits, the User’s Account will be blocked automatically without notice.
The User warrants and represents that it is duly authorized and has a right, title and license in the products/services offered. The User bears sole and primary responsibility in that regard, using the Difmark marketplace only as a venue platform. If the User breaches its warranty, Difmark may instantly suspend or terminate its Services for the User. Where any IP rights violation takes place, Difmark reserves the right to delete such any information and receive compensation for any losses incurred in that regard, if any.
The Seller is primarily responsible to the Buyer for any obligations in relation with license agreements with the Buyer, in accordance with applicable law.
THE PLATFORM SOFTWARE LICENSE
Difmark grants the User a revocable, non-exclusive, non-transferable license to use Difmark’s software as a marketplace platform, including all updates, upgrades, new versions.
If the User does not comply with the requirements provided by Difmark, then the User will be liable for all resulting damages suffered by the User, Difmark and the third parties.
Unless otherwise provided by applicable law, the User consents not to alter, reproduce, adapt, distribute, display, publish, reverse, engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the marketplace software.
Upon expiration or termination of this Agreement, the User will immediately cease all use of this marketplace.
THE ITEMS LISTING LICENSE
The User hereby grants Difmark an irrevocable, non-exclusive, royalty–free, sub–licensable (through multiple tiers), perpetual, worldwide license for Difmark to post, place, list the User’s information and content on this website, allowing Difmark to display this information and content in accordance with Difmark format. Thereat, Difmark does not claim any ownership rights in the User’s information and content (including, but not limited to, images, trademarks, trade names, logos, etc.). Therefore, the User grants Difmark a license only to allow Difmark marketplace platform use it as a trade venue between Users, without violating any rights in that information and content.
Upon uploading such materials and content and providing it for posting on Difmark marketplace platform, the User’s warranties and representations, as per the “WARRANTIES AND REPRESENTATIONS” section hereof, are in force.
Difmark hereby grants the User a revocable, non-exclusive, non-transferable license to use Difmark’s trademarks (whether registered or not) used to identify Difmark marketplace services solely in conjunction with the use of Difmark marketplace services, if necessary.
The User consents that it will not at any time during or after this Agreement claim any rights in or do anything that may adversely affect the validity of any trademark or any other trademark, trade name or product designation belonging to or licensed to Difmark, including, without limitation registering or attempting to register any trademark or any such other trademark, trade name or product designation.
Other than the express licenses granted by this Agreement, Difmark does not grant any kind of right or license of Difmark marketplace provision or any Intellectual Property (IP) rights of Difmark.
Each party shall retain all ownership rights, title, and interest in and to its own products and services and all IP rights therein, subject only to the rights and licenses specifically granted herein.
The User shall in no way represent, except as specifically permitted under this Agreement, that it has any rights in or to the IP of Difmark.
Hereby, intellectual property implies copyrighted works, as well as (not limited to), trademarks, patents, models, prototypes, drawings, designs, inventions, software, whether or not in material form, as well as recorded music performances, images, training materials, manuals, documentation, software programs, databases.
LIMITATION OF LIABILITY
Difmark assumes no liability for the User's failure to perform in accordance with this Agreement or any results caused by acts, omissions or negligence of the User, a subcontractor or an agent of the User or an employee of any of them, nor shall Difmark have any liability for claims of the third parties, including but not limited to, claims of the third parties arising out of or as a result of, or in connection with, the User’s services, messages, programs, promotions, advertising, infringement or any claim for violation of copyright, trademark or other IP rights.
Under no circumstances shall Difmark’s total aggregate liability to the User or any third party arising out of or related to the Terms exceed the direct damages suffered by such party in an amount equal to the amounts paid/payable by the User to Difmark under the Terms.
COPYRIGHT INFRINGEMENT CLAIMS
Pursuant to the U.S. Code, Title 17, Section 512, all notifications of claimed copyright infringement relating to content on Difmark website (difmark.com) should be emailed to firstname.lastname@example.org
The copyright infringement claims should include the following:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright allegedly infringed;
An identification of the copyrighted work claimed as infringed;
Indication of where the material claimed as infringing is located on the website;
Your contacts (email, phone, or address);
A statement that you have a good faith belief that the manner of the used material is not authorized by the copyright owner, its agent, or the law;
Your statement, made under penalty of perjury, that the notifications of claimed copyright infringement including all data in it are accurate and made in accordance with appropriate authorization (by the copyright owner or on the copyright owner's behalf).
In case of a material misrepresentation knowingly made, heavy civil penalties may apply, under U.S.C., Title 17, s.512(f).
The Administration shall be entitled to make amendments or additions to these Terms unilaterally at any time without any special notice by placing a new version hereof on the website. The new version of the Terms shall come into force at the moment it is placed on the website, unless otherwise provided by the new version thereof.
The User is responsible to regularly monitor the Difmark website and/or User’s Account on the Difmark dashboard for notice of changes to the Policy.