Copyright & Trademark Policy

LANGUAGE LEARNING MARKET CO.

COPYRIGHT & TRADEMARK POLICY

As a marketplace for educators and creators, Language Learning Market takes claims of copyright and trademark infringement seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Copyright and Trademark Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our marketplace, and how sellers can respond when their listings or shops are affected by a notice.

Keep in mind that Language Learning Market can’t offer you legal advice or guidance. If you have questions about your resources, copyright or trademark law, fair use exceptions, or the like, we encourage you to discuss them with an attorney.

This policy is a part of our Terms of Use.

1. Language Learning Market’s Role
2. Reporting Violations
3. Counter Notice Procedures
4. Designated Agent Contact Information
5. Repeat Infringement
6. Resources

1. Language Learning Market’s Role

Language Learning Market is a marketplace comprised of individual third party sellers who run their own shops, are responsible for their inventory, shipments, create their own policies and complying with the law. We provide a venue, but Language Learning Market does not manufacture goods, hold inventory, or ship items on behalf of our sellers. The content uploaded on Language Learning Market's marketplace is generated by independent sellers who are not employees, agents, or representatives of Language Learning Market.

The Language Learning Market’s Terms of Use require that sellers own the rights necessary to publish and sell each resource. 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 or publishing it. Do not upload or attempt to upload any content for which you do not have these rights. If you are unsure if you own the rights to the materials you wish to submit, please consult an attorney.

Language Learning Market reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use, including this Copyright and Trademark Policy. Language Learning Market also reserves the right to take action against abusers of Language Learning Market’s Copyright and Trademark Policy or our Terms of Use.

Language Learning Market can’t speak on behalf of intellectual property owners, nor is Language Learning Market in a position to offer legal advice or make legal determinations whether a shop’s content infringes someone else’s intellectual property. Language Learning Market will remove material cited for alleged intellectual property infringement when provided with a proper notice.

2. Reporting Violations

We take claims of copyright and trademark infringement seriously. We will respond to notices of alleged copyright and/or trademark infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright or trademark, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

1. Identification of the intellectual property you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
2. Identification of the allegedly infringing material on Language Learning Market including the specific location of the material so that we can find it. For listings, please provide the Language Learning Market listing URL to EACH item you allege is infringing.
3. The name of the intellectual property owner and contact information for the notifier, including name, address, telephone number, and email address
4. A statement that you have a good faith belief that use of the copyrighted or trademarked material is not authorized by the copyright or trademark owner, its agent, or the law.
5. A statement that the information in the written notice is accurate.
6. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or trademark owner.
7. Your physical or electronic signature.

When reporting claims of copyright infringement make sure you include all of the required pieces of information will help us more quickly address your request. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. In addition to the above items, it may be helpful to include any additional information to allow us to verify the status of the work you claim has been infringed (for example, a copy of the trademark or copyright registration for the work).

Language Learning Market may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Language Learning Market also reserves the right to take action against abusers of this policy.

Keep in mind, under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney's fees.

What Happens Next?

Trademark Notice: If your Notice of Trademark Infringement contains all of the required information, we’ll consider your request and take what action we believe in good faith to be appropriate. To make it easier for us to process your request and ensure that all of the infringing content is removed, make sure your notice is as specific as possible about where your mark appears on our site. For example, by identifying each place it appears in a resource, or in the name of a store or title of a resource.

Copyright Notices: We’ll review your Notice of Copyright Infringement to make sure it contains all of the required information. The more specific your explanation is about which parts of a resource you believe are infringing, the easier it will be for us to process your request and ensure that the infringing content is removed. When we do take action on a notice, we reach out to the member who posted the content, forward them your notice, and remove the material from our site.

The user who posted the content has a legal right to submit a Counter-Notice (described in more detail below) if they believe that the content was misidentified as infringing or was removed by mistake. If we receive a complete Counter-Notice, we’ll forward it to you. Then, it’s up to you to take further legal action to protect the work. The law gives you 10 days to let us know you’ve done so. Otherwise, we have to allow the individual to repost the content.

3. Counter Notice Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

1. An identification of the material that has been removed or to which access has been disabled and the location (Listing URL on LanguageLearningMarket.com) at which the material appeared before it was removed or access disabled.
2. Adequate information by which we can contact you; your name, address, telephone number, and email address.
3. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
4. Statement by you stating that:
   1. you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which Language Learning Market is located, and
   2. that you will accept service of process from the person who provided the Website with notification of the alleged infringement.
5. Your physical or electronic signature.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

What Happens Next?

If your notice includes all of the above information, we’ll forward it to the folks who sent the original notice. Then they’ll have 10 days to let us know if they’ve initiated further action to legally protect their work. If so, we have to respect that and your material will remain blocked from the site. If we don’t receive anything from them, we’ll put your resource back up at the end of that 10 day period.

4. Designated Agent Contact Information

Our designated copyright agent to receive DMCA Notices is:

Language Learning Market can’t offer you legal advice or guidance. If you have questions about your resources, copyright or trademark law, fair use exceptions, or the like, we encourage you to discuss them with an attorney.

5. Repeat Infringement

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

6. Resources

Here are some very general definitions and resources that you may find helpful. They should in no way be interpreted as legal advice.

Intellectual Property is an umbrella term that encompasses trademark, copyrights, and patents. This policy covers copyrights and trademark.

Copyright refers to the rights of a creator or author of a unique piece of work to protect against copying, display, reproduction, creation of derivative pieces, and so on.

Trademark refers to a word, phrase, logo, or design used to identify a particular brand as distinct from other brands or products. For example, Kleenex is a trademarked name used to identify a certain brand of facial tissue.

The United States Copyright Office [https://www.copyright.gov/}

Digital Millennium Copyright Act (DMCA) [https://www.copyright.gov/reports/studies/dmca/dmc...}