Please note that our Website Policies are currently being translated into other languages and will be available soon. However, this English version is the primary and official version of our Website Policies, and versions in other languages are for reference only and not considered primary versions.
This policy is a part of our General Terms of Use.
Jose Art Gallery takes the protection of the intellectual property rights of artists and authors seriously. We support intellectual property laws and regulations and ask our users and visitors to respect them similarly and avoid infringing them.
Jose Art Gallery is a platform that provides an online marketplace for Sellers of original artwork and handicrafts. We do not manufacture or stock the Goods for which the Seller is responsible for shipping. Sellers themselves upload the listing of their Goods to the Website and are liable for the description, availability, shipping and legality thereof while fulfilling their obligations as a seller.
Prints, souvenirs and digital goods are sold by Jose Art Gallery at its printing house, under a license from the original art sellers.
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 when publishing it.
Jose Art Gallery does not provide legal advice on intellectual property matters and does not make legal rulings on copyright infringement matters. In the event of an infringement or alleged infringement of the rights of copyright holders, Jose Art Gallery will take steps to stop illegal actions against the Website User or other Account holder.
We want to draw your attention to the fact that most intellectual property infringement disputes, based on our experience, are quickly and effectively settled by directly contacting the author or user who published the content to notify them of their rights and ask them to stop copyright infringement. More often than not, the artist or other users will respond within 48 hours.
To do so, you will need to find the “Send message” button in the seller’s profile or on the Goods page. Explain the issue and attach the URL of the image.
If this procedure is not successful, or you do not want to contact the user directly — you can refer to a standard procedure used in such cases.
Please note! If you are unsure whether a material is an infringing one, please consult a lawyer before submitting a suspicious notice to Jose Art Gallery. Fraudulent or abusive notices, misuse of Jose Art Gallery’s Intellectual Property Policy may result in termination of your account or other legal consequences. You may also be liable for damages such as legal costs and attorneys’ fees.
If you believe that our site has infringed intellectual property rights, we ask that you send Jose Art Gallery a notice of such infringement to support@joseartgallery.com.
We will respond to such notices and take appropriate action.
Alternatively, a notice of alleged copyright infringement may be sent to our agent at the following address:
Jose Art Gallery GmbH
Palmersstraße 6-8
2351, Wiener Neudorf
Austria
Please address the notice of alleged copyright infringement to the Jose Art Gallery copyright agent listed above. Give us as much detail as possible to assist us in determining the facts or circumstances of the copyright infringement.
For a prompt, consistent and impartial review of a Notice of Alleged Copyright Infringement (Notice), the following steps must be observed and taken.
While creating a Notice of Alleged Copyright Infringement, please:
If your Notice does not meet the requirements set out above, Jose Art Gallery shall be entitled to refuse to comply with your claim.
By signing and submitting your Notice of Alleged Copyright Infringement to us, you automatically agree and acknowledge that:
As a result of reviewing your Notice, Jose Art Gallery shall, in its sole discretion, take one or more of the following actions:
Where Jose Art Gallery requests or removes objects and/or the supplier’s account, the supplier may send Jose Art Gallery a reasoned counterclaim, which shall include:
As a result of the review of the counterclaim, Jose Art Gallery shall, in its sole discretion, take one or more of the following actions:
Jose Art Gallery will notify you and the supplier of the outcome of the review of the counterclaim. If both parties agree, Jose Art Gallery may provide one party with the other’s contact details to settle the dispute.