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Copyright policy

Ostanding seeks to provide a unique experience to the customers by providing them custom madeproducts.

To this end, Ostanding encourages highly professional and creative designers to become part of Ostanding Designer Community.

The designers submit their design for Ostanding Collection from which the customers make their choices.

Ostanding also allows the users to upload their own design to be used in the product.

The designs, images, artwork, content, tools and text available on the website are subject to the copyrights.

To facilitate the users, designers and the staff of Ostanding, it is appropriate to formulate this Copyright Policy. The major areas of concerns of this policy are the protection of copyrights of (i) Ostanding; (ii) the designers and; (iii) third parties.

Protection of copyrights of Ostanding:

Copyrights come into being soon after the work is created. The copyright legislation acknowledges exclusive right of the owner to control the use of his/her work. In case of any infringement of this right, the owner reserves the right to claim the damages by the court. The rights of Ostanding in the content, images, artwork, design, text, tools, applications and software are protected by the applicable laws in the United States. Since USA is signatory to Berne Convention, Ostanding’s copyrights are protected across 167 Berne Convention member countries

If Ostanding finds any infringements of its rights, it is entitled to enforce its rights and may claim compensation. The users are advised to ensure the permissible use of the copyrighted work available on the website. The users are not allowed to copy, reproduce, transform, digitalize and prepare derivative work or utilizethe copyrighted work of Ostanding without written consent.

Designer’s Work:

The designers are required to submit their own design, images or artwork by the Designer Agreement. The designers are also not allowed to use the trademark of any other in their artwork. If Ostanding has reason to believe that a designer has violated the rights of others and represents to be the owner of the copyrighted work of others, it reserves the rights to take legal action and any other appropriate action against such infringer. If any violation of the copyrighted work is found by the owner, he/she/it may follow the course provided by DMCA and described in the following space.

Third Party Rights:

Ostanding respects the intellectual property rights of third parties and determined to ensure that the activities at Ostanding are compliant with the letter and spirit of the Copyrights laws. To this end, Ostanding has a zero-tolerance approach to the infringement of third party rights. Ostanding Designer Agreement requires that the artwork, images and designs submitted by the designers should be lawfully owned by him/her and must not violate the rights of third party. Similarly, the Ostanding User Agreement binds the users to upload only the images he/she may legitimately use.

To enforce this part of policy, Ostanding has an arrangement for submission of complaints about the infringement of rights with respect to the designs submitted to Ostanding by the designer or the customer.

Notice of Copyright Infringement:

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Ostanding has devised procedures for submission of written notification of alleged infringements. If a person or entity (‘claimant’) believes in good faith that his/her/its (‘its’) copyrights have been infringed, he/she/it (‘it’) is encouraged to submit aNotice of Copyright Infringement or any written communication consisting of the following particulars:

  • Physical or electronic signature of the claimant or its authorized agent.
  • A comprehensive description of the copyrighted work allegedly infringed (‘disputed work’).
  • A description locating the disputed work on Ostanding’s website.
  • Contact number and email address of the claimant.
  • A statement by the claimant that it believes in good faith that the use of the disputed work infringes the copyrights of its owner and/or is not authorized by the owner or its authorized agent or law.
  • A statement by the claimant made under penalty of perjury, that the information in this notice or letter is accurate and that it is the copyright owner or authorized agent to act on the copyright owner’s behalf.

The notice or communication should be sent via Ostanding’s official email: support@ostanding.com

On receiving the notice or communication stated above, Ostanding shall serve the show-cause notice to the designer pretended to be the owner (‘alleged infringer’) of the disputed work along with the content of the Copyright Infringement Notice to which the alleged infringer may counter by a written letter or notice

Counter-Notice

If the alleged infringer believes that an infringement notice is baseless and false, the Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act allow the alleged infringer to file a counter-notice describing the following facts:

  • Physical or electronic signature of the alleged infringer.
  • Identification of the work removed or to which an access has been disabled i.e. disputed work.
  • A statement by the alleged infringerunder penalty of perjury that he/she has believed in good faith that the act of removing and disabling the access to the disputed work was mistaken, misidentification, misreading of the law and is not justified.
  • The name and telephone number of the alleged infringer.
  • A statement that the alleged infringer consents to the jurisdiction of the Federal District court (i) in the judicial district where his/her address is located if it is in USA, if his/her address is not in the USA, the alleged infringer will accept service of process from the claimant or its authorized agent.
  • The counter-notice shall also be sent to the official email address of Ostanding: support@ostanding.com.

Safeguards in Ostanding premises

Ostanding has an administrative and technological security system to control the violation of the copyrights of the designer’s work and the work uploaded by the customer for its product. Our staff is not allowed to use the copyrighted work of the designer in violation of the Designer Agreement. In case, any member of staff, affiliate, associate or contractor is found violating the copyrights in the work, Ostanding reserve the right to take appropriate action allowed by the law

In case of any query with respect to the Copyright Policy, please feel free to contact Ostanding:

support@ostanding.com