Intellectual Property Policy
As a venue for creators, designers, and makers, Food Prepped takes intellectual property rights very seriously. We conform to intellectual property laws and industry best practices to maintain the integrity of our creative marketplace. This Intellectual Property Policy clarifies how we address claims of infringement, how authorised parties can present reports of infringement concerning content on our marketplace, and how Food Prepped sellers can counter when their listings or shops are affected by a report.
For more information on use of Food Prepped’s intellectual property, including guidelines for the use of Food Prepped’s Trademarks and brand, please refer to Food Prepped’s Trademark Policy
This Intellectual Property Policy is a part of our Terms of Use.
1. Food Prepped’s Role
2. Reports of Intellectual Property Infringement
3. Counter Notices
4. Repeat Infringement
5. Withdrawals
6. Resources
1. Food Prepped’s Role
Food Prepped is a platform comprised of distinctive third-party sellers who run their own shops, construct their own policies, and are answerable for their stock, deliveries, and adhering to the law. We provide a marketplace, but Food Prepped does not produce goods, hold inventory, or deliver products on behalf of our sellers. The content uploaded on Food Prepped’s marketplace is generated by independent sellers who are not employees, agents, or representatives of Food Prepped. 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.
Food Prepped reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use, including this Intellectual Property Policy or our Prohibited Items Policy. Food Prepped also reserves the right to act against abusers of Food Prepped’s Intellectual Property Policy or our Terms of Use.
Food Prepped cannot speak on behalf of intellectual property owners, nor is Food Prepped in a place to offer legal guidance or make legal conclusions whether a shop’s content infringes someone else’s intellectual property. Food Prepped 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
Food Prepped strives to respond swiftly when we obtain a report of intellectual property infringement that conforms with our policies by removing or disabling access to the allegedly infringing subject matter. When Food Prepped removes or disables access in response to a report, Food Prepped makes a reasonable attempt to contact the affected member, provide information about the report and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Food Prepped 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, videos on a Food Prepped shop page, or videos from an Explore post on Food Prepped, use Food Prepped’s Reporting Form.
To submit a report of alleged infringement against Food Prepped shop listings, you can use the Food Prepped Reporting Portal. This is the easiest way to provide notice of claimed infringement to Food Prepped and its Designated Agent under the Digital Millennium Copyright Act and other intellectual property rights.
If you are unable to use the Food Prepped Reporting Portal, you can read more about our DMCA notice requirements and Designated Agent here.
Food Prepped may request additional information before processing a report, such as identity verification of the reporting party or documentation regarding the claimed right. Reports of infringement or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith may be rejected by Food Prepped. Food Prepped also reserves the right to act against abusers of this policy.
3. Counter Notice
In accordance with the Digital Millennium Copyright Act (DMCA), Food Prepped accepts counter notices for copyright infringement reports only. When Food Prepped 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 Food Prepped of this action. More knowledge can be found here about DMCA notices, counter notices, and requirements.
4. Repeat Infringement
Food Prepped terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Food Prepped’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 of Use, Food Prepped reserves the right to terminate account privileges at any time, for any reason, and without advance notice.
5. Withdrawals
Food Prepped only accedes to withdrawals of infringement reports directly from the intellectual property owner or approved representative who proposed the claim. The withdrawal must clearly state that it is a formal withdrawal and adequately identify the member and/or material (such as by providing the username, shop name, and Food Prepped listing URLs).
Once Food Prepped receives a formal withdrawal of an infringement report, Food Prepped makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that matters of infringement are assessed on a case-by-case basis, and withdrawals do not assure changes to a member’s shop status.
6. Resources
If content was removed from your shop due to a reported infringement, or if you would like to learn more about intellectual property concerns overall, please refer to the subsequent information:
Support for intellectual property issues
FAQs about having content removed due to a report of infringement.
Seller Handbook articles on legal topics
Last updated on 04 Dec 2023
