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Intellectual Property Policy

Updated on May 24, 2024
Please note: The official and primary version of this Policy is the English version. Translations of this Policy into other languages are provided for informational purposes only.

This policy is part of our General Terms of Use.

Jose Art Gallery takes the protection of the intellectual property rights of artists and creators seriously. We support laws and regulations for the protection of intellectual property and ask our users and visitors to respect them in the same way and not to violate them. 

Jose Art Gallery’s Role

Jose Art Gallery is a platform that provides an online marketplace for Sellers of original art and handicrafts. We do not produce or store Products in our warehouse, the shipment of which is the responsibility of the Seller. Sellers themselves upload the listing of their Products to the Website and are responsible for their description, availability, shipping and compliance with the law while fulfilling their obligations as a seller.

The sale of prints, souvenirs and digital goods is carried out by Jose Art Gallery on the basis of a license granted by sellers of original works of art.

Content added by independent sellers to the Website is not affiliated with Jose Art Gallery, and sellers are solely responsible for ensuring that they have all necessary rights to their content and do not infringe the rights of third parties by posting it.

Jose Art Gallery does not provide legal advice on intellectual property issues or make legal decisions regarding copyright infringement matters. In the event of an infringement or alleged infringement of the rights of copyright holders, Jose Art Gallery will take action to stop the unlawful activity against the Website User or other Account holder.

Settlement of Disputes

We would like to point out that most intellectual property infringement disputes, in our experience, are resolved quickly and effectively by directly contacting the author or user who posted the content to notify them of their rights and request that they cease copyright infringement. Most often, the artist or other users respond within 48 hours.

To do this, you need to find the “Send Message” button in the seller’s profile or on the Product page. Explain the problem and include the image URL.

If this procedure does not work, or you do not want to write directly to the user, you can use the standard procedure used in such cases.

Standard procedure

Draw your attention to! If you are not sure whether material is infringing, please contact an attorney before submitting a suspicious notice to Jose Art Gallery. Fraudulent or offensive notices, misuse of the Jose Art Gallery Intellectual Property Policy may result in account termination or other legal consequences, and you may be liable for damages such as court costs and attorneys' fees.

If you believe that your intellectual property rights have been violated on our website, we ask that you send Jose Art Gallery a notice of such violation to support@joseartgallery.com .

We will respond to such notifications and take appropriate action.

Alternatively, a notification of claimed copyright infringement may be sent to our agent at the following address:

Jose Art Gallery S.L., 17, Calle Mariano Cuber, 46011 Valencia, Comunidad Valenciana, Spain

Please address notice of claimed copyright infringement to Jose Art Gallery's copyright agent identified above. Please provide us with as much detail as possible to assist us in determining the facts or circumstances of copyright infringement. 

Submitting and Reviewing a Notice of Alleged Copyright Infringement

To ensure that a Notification of Claimed Copyright Infringement (Notice) is addressed promptly, consistently and impartially, you must respect and complete the following steps.

In the Copyright Infringement Notification:

Provide your personal and contact information: last name, first name, or company name, email address, and/or phone number.

  • If you are an authorized representative of the author of the artwork whose copyright has been infringed, in addition to the previous points, indicate the basis of your authority to represent the author or act on their behalf, and attach a supporting document.
  • Specify the specific artwork for which you believe copyright has been infringed.
  • Include a link to the webpage where the artwork that you believe infringes copyright is located. If it is not possible to provide a link, specify the URL (unique resource locator) or other clear and sufficient information about the location on our website. If the information is insufficient, we may not consider your Copyright Infringement Notification.
  • Provide full information about the artwork protected by copyright (i.e., the original artwork). This information includes: the title of the artwork, the author's details, the location of the artwork, the URL of the website where the artwork is hosted, or other relevant information.
  • To sign your Notification, print your full name and sign the Notification with your handwritten signature or your electronic signature.

If your Notice does not meet the requirements described above, Jose Art Gallery has the right to refuse your request.

By signing and submitting your Notification of Claimed Copyright Infringement to us, you automatically agree and acknowledge that:

  • You know for sure that there is no permission from the author or his authorized representative to use the copyrighted work that you indicated in the Notification;
  • You confirm that all information provided by you is true, truthful and accurate;
  • You take full responsibility for violation of the rights of third parties associated with your provision of false data, including through negligence or ignorance, and undertake to compensate for all losses caused by such Notification and its consequences, and to compensate moral damages to third parties, if any. .

Based on the results of consideration of your Notice, Jose Art Gallery, at its sole discretion, takes one or more of the following actions:

  • blocks the objects specified in the Notification, informs their supplier about your Notification, and offers to provide a counter-feedback and confirmation of the legality of using such objects within three days;
  • deletes the objects specified in the Notification, informing you and the object supplier about this;
  • deletes the vendor's account on the Jose Art Gallery website.

In cases of request by Jose Art Gallery or deletion of objects and/or account of the supplier, he has the right to send Jose Art Gallery a reasoned counter-feedback, which must indicate:

  • last name, first name or company name, email address and/or telephone number;
  • information about the deleted file;
  • evidence that the supplier has the right to use the remote file.

Based on the results of consideration of the counter-feedback, Jose Art Gallery, at its sole discretion, takes one or more of the following actions:

  • restores disputed objects;
  • restores the supplier's account;
  • refuses to satisfy the counter-revocation.

Jose Art Gallery notifies you and the supplier of the results of the review of the counter review. By agreement of both parties, Jose Art Gallery may provide one of them with the contact information of the other party to resolve this dispute.