Intellectual Property Policy

At Mercabl, we value the creativity and hard work of all our sellers. As a platform connecting independent creators, we respect intellectual property rights and strive to provide a fair and transparent marketplace. This policy explains how we handle allegations of intellectual property infringement, how you can report potential violations, and how sellers can respond when their products or shops are affected.

For more details on how to use Mercabl's trademarks or brand, please refer to our Trademark Guidelines.

This policy is part of our Terms of Service.

  1. Mercabl's Role

    2. Mercabl is an online marketplace where independent sellers manage their own stores, set policies, and are responsible for their inventory, shipping, and compliance with the law. While we provide the platform, we do not produce, stock, or ship products for our sellers. Each seller is responsible for ensuring they have the rights to the content they post and for avoiding infringement of third-party intellectual property.

    We reserve the right to remove or deactivate listings, shops, or accounts that we believe violate our Terms of Service including this Intellectual Property Policy or our Prohibited Items Policy. If we believe there is a violation, we will take appropriate action to protect the marketplace's integrity.

    Mercabl cannot offer legal advice and does not make determinations about whether content infringes someone else's intellectual property. However, we will act based on valid infringement reports submitted by rights holders.

  2. Reporting Infringements

    3. We take infringement claims seriously and aim to respond quickly to valid reports. When we receive a report that meets our guidelines, we will remove or restrict access to the reported content. We will also make reasonable efforts to inform the affected seller about the report and the actions taken, and in some cases, we will provide guidance on how to file a counterclaim if applicable.

    To report an infringement on Mercabl, please use our Infringement Reporting Portal. This allows you to submit claims under intellectual property laws like the DMCA and ensures we can process them efficiently.

    If you are unable to use the portal, please refer to our Reporting Form for other types of infringement, such as usernames or shop names.

    We may request further information before processing a claim, such as proof of authorization or identity verification. If we suspect a claim is false, incomplete, or submitted in bad faith, we may reject it.

  3. Counterclaims

    4. If you believe your content was wrongfully removed due to an infringement report, you may file a counterclaim. This process is governed by the DMCA and is only applicable for copyright-related claims in the United States.

    Once we receive a valid counterclaim, we will notify the original reporting party. If no legal action is taken by the rights holder within 10 business days, we may reinstate the content.

    For more information about the counterclaim process and what is required, please refer to our Counterclaim Guidelines.

  4. Handling Repeat Violations

    5. To protect the integrity of our marketplace, we may suspend or terminate the accounts of sellers who repeatedly infringe intellectual property rights. If we believe a seller has created a new account to bypass a previous suspension, we may refuse service to that seller and any related accounts.

    As part of our Terms of Service, we reserve the right to suspend or terminate accounts for any reason, and we do not provide advance notice for every action taken.

  5. Withdrawing Infringement Reports

    6. A rights holder or their authorized representative can withdraw an infringement report at any time. To do so, the withdrawal must clearly identify the content involved and include relevant details, such as the shop name and listing URLs.

    Once we receive a valid withdrawal, we will confirm it and inform the affected seller. However, please note that a withdrawal does not guarantee the reinstatement of the removed content, as each case is reviewed individually.

At Mercabl, we aim to maintain a safe, fair, and creative environment for all users. We encourage everyone to respect intellectual property rights and to communicate openly if there are any concerns.