Intellectual Property Policy

BesTeez (Pty) Ltd200 Rocky Ridge, Okiep, 8240Registration Number: 2016/513271/07
This Intellectual Property Policy (the “IPP”) outlines the responsibilities and rights of registered and non-registered users (each a “User,” and collectively, the “Users”) of our applications, software, products, and services (collectively, the “Service”) with regard to the intellectual property of Users and of Besteez (Pty) Ltd (“Besteez”). This document is an important contract between Besteez and our Users, and as such, we have tried to make it as clear as possible. In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace or misrepresent the full text. For the avoidance of doubt, “intellectual property” refers to copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and all other such rights.

Definitions
These terms are used throughout this IPP and it’s important that you understand what we are referring to when we use them.

Terms not defined in this section shall have the meaning provided elsewhere in the Terms of Service.

“Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “IPP”) and all other operating rules, policies, including the Besteez Privacy Policy and the Besteez Terms of Service and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.
“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that You create or own, otherwise, Besteez manages and retains rights to the Content.
“Customers” refer to individuals or companies that purchase Your Products in Your Storefront.
“Order” refers to Your Product once it has been purchased by You or Your Customers. “Produced Orders” refers to Orders that have been completed and shipped.
The “Products,” refers to the all products offered by the Besteez on our Website, including, but not limited to clothing. “Your Products” refers to Products you create by adding Your Content using our Service. “Your Mockups” are visual representations of Your Products created by Our Service.
“Providers,” refers to the organizations and companies that Besteez partners with in the scope of its Service to offer Products to You.
“Sales Channels,” refers to the other social media platforms that You use to sell Your Products.
“Us” and “We” refers to Besteez, as well as our affiliates, directors, and employees
“User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
“Website” refers to Besteez’s website located at www.besteez.co.za, and all content, services and products provided by Besteez at or through the Website. It also refers to the Besteez. These terms also govern the use of Besteez plugins we will create in the future. Occasionally, Besteez plugin pages and websites owned by Besteez may provide additional or different terms of service. If those additional terms conflict with this IPP, the terms in the additional terms with regard to the matter in conflict shall apply.

General

When You use Our Services and Content, You are agreeing to:
This Intellectual Property Policy
Our Privacy Policy
Our Terms of Service
Any other terms or policies we reference in any of the above.

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, this IPP constitutes the entire Agreement between Besteez and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Besteez and You in relation to the access to and use of the Service.
If any provision of this IPP is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Questions about this Intellectual Property Policy? Email us [email protected]

When Does This IPP Apply?

By using Besteez, You are agreeing to all the terms below.

By using the Service, You are agreeing, on behalf of Yourself and those You represent, to comply with and be legally bound by this Agreement and all applicable laws. If You do not agree with any provision of this IPP, You must discontinue the registration process, discontinue Your use of the Service, and, if You are already registered, delete Your account.

Can This IPP Be Modified?

We can change these terms, and if the changes are big, we’ll let You know.

Besteez reserves the right to revise this IPP from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. Your use of the Service following the effective date of any modifications to this IPP will constitute your acceptance of such revised IPP. If You do not agree to the new terms, You should stop using the Service and delete Your account.

How Does Besteez Handle Intellectual Property Right Claims?

Besteez respects the intellectual property rights of others and we expect people using our Service to do the same. It is our practice—in appropriate circumstances and at our discretion—to either disable or terminate the accounts of Users who infringe or are repeatedly charged with infringing copyrights or other intellectual property rights of others.

We’re passionate about helping people run their own businesses and as such we feel strongly about other people getting in the way of that by stealing intellectual property.

Besteez allows Users to upload Content to our platform to create User Products to sell. Subject to the terms outlined in the Besteez Terms of Service, Users alone are solely responsible for such User’s Content. However, We retain the right, at our sole discretion, to reject the production of User Products that contain Content that we have reason to believe may be infringing copyrights or other intellectual property rights of others.

Although You alone are responsible for the content You upload, we can refuse to produce any products with content we believe might be infringing on others’ rights.

If You believe that the Content in question does not infringe on intellectual property rights of others, You should contact Besteez with proof clearly outlining Your rights to use the Content.
If You notice infringement of Your copyrights or other intellectual property rights on Besteez, You can notify Us. Please note that Besteez cannot provide You with legal advice or representation, and We recommend that You speak with an attorney if You are seeking legal advice. If You are a copyright holder or are authorized to act on behalf of one, You may report alleged copyright infringements on the Service. In accordance with the Trademarks Act 194 of 1993, which You can find on the https://www.gov.za/documents/trade-marks-act, We will respond as quickly as we can to claims of suspected copyright infringement that are reported via email to [email protected].
Upon receipt of the complaint, We will notify the User responsible for uploading the corresponding Content and will provide the User with an opportunity to respond. We will take whatever additional action we deem appropriate, which may include removing the reported content from Besteez. Please note that it may take up to 10 business days to process, review, and act on Your request.

Besteez respects intellectual property rights. If We receive a complaint, we may disable access or remove the allegedly infringing content from the Besteez website. If Your Content is removed and You think the claim is invalid, You can respond and let us know why. If You believe one of our Users is infringing on Your intellectual property rights, please send Besteez an email to [email protected] We may remove the content and will certainly notify the Creator.

Besteez respects the trademark rights of others. Accounts with usernames, or any other content that may mislead or violate another’s trademark will need be updated or may be permanently suspended.
If You are concerned that someone may be using Your trademark in an infringing way on our Website, let Us know by emailing us. We will review Your complaint and take whatever action We deem appropriate, which may include temporary or permanent removal of the Content in question.

What Can You Do If Your Content Was Removed from Besteez?

If You believe the complaint raised regarding Your Content is improper, follow the proper instructions below and We will help You sort things out.

If You received a notification that Your Content has been removed as a result of a copyright complaint, it means another User reported that they own the rights to the Content, and requested that We remove Your Content. If You want us to forward the information from the copyright complaint notification, email us at [email protected]  to let us know. Please note that We may remove some personal contact information from the original complaint.

If Your Content is the subject of repeated copyright complaints, We may disable Your account altogether.

If You think We made a mistake by removing Your Content, You can file a counter-notice with Us, by following the directions and requirements below. When We get a counter-notice that includes all of the information required, We will remove the complaint from Your account’s record.
Note: There are legal and financial consequences for fraudulent or bad faith counter-notices. Before submitting a counter-notice, make sure You have a good faith belief that We removed Your Content in error, and that You understand the repercussions of submitting a false claim. If Besteez is the subject of a legal cause of action on account of your false claim, You will be added to the claim and Besteez will not be liable for such false claim. In addition, Besteez may at its sole discretion delete Your account and refuse future service, which includes cancelling any orders that are active at the time, with no refund to you.
To submit Your counter-notice, email us at [email protected]  and include all of the following information:
Your name, address and phone number.
The relevant documentation and information that you own or are otherwise entitled to use the content at issue.
The web address of the Content We removed (copy and paste the link from the website).

If You received a trademark complaint notification from Us, You can contest it by emailing [email protected]  and letting Us know why You think the complaint is invalid. Please include the trademark complaint reference number from the notification. If You want Us to forward the info from the trademark complaint notification, let Us know and We’ll be glad to send it along although We may remove personal information.

What Are You Agreeing to Under This IPP?

By uploading Your Content on the Service, You represent and warrant that:
You either own the Content posted by You on or through the Service or that You otherwise have the legal right and authority to use Your Content;
(ii) the posting and use of Your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
You agree to pay for all royalties, fees, and any other monies owed through use of Your Content on the Service; and
You have the legal right and capacity to enter into this Agreement.

If You are unsure about your rights regarding the usage of Your Content, You agree to perform all due diligence on Your part to ensure that Your Content is free for You to use on the Service.
More information can be found at https://www.cipc.co.za/ and https://www.gov.za/documents/trade-marks-act regarding trademarks.

Understanding Intellectual Property – The Basics

At Besteez, we are very excited to support our Besteez creators and to help them produce great custom products and a great experience for their buyers. In our efforts, we are also committed to protecting the rights of individuals and companies with respect to the content published on the Besteez website.
Third party rights are based on a range of laws and legal standards that can be confusing. Those rights are each very different from the other and are often misunderstood. We have created this guide to provide very high-level information about certain types of legal rights and to help Besteez creators understand what is permissible on the service.
We have described some key rights below (trademark, copyright and right of publicity). In reality, the legal analysis for each of these rights is much more detailed and complex than our summary below. You are solely responsible to familiarize yourself with the South African law and acts regarding trademark, copyright and right of publicity. Still, we hope the information below is useful and will provide some guidance for creation of permitted listings on the Besteez website.

Trademark

What is a trademark?
It serves the purpose of distinguishing the goods/services of one trader from those of another trader and can take many forms. Trademarks are registered for specific goods or services within individual subjects, known as classes.

It does not consist exclusively of a sign or an indication which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin or other characteristics of your goods or services, or the mode or time of their production or of rendering of the services. It has not become customary in your field of trade.

It does not represent protected emblems, such as the national flag or a depiction of a national monument such as Table Mountain. 

It is not offensive or contrary to the law or good morals or deceptive by nature or way of use. 
There are no earlier conflicting rights.

Examples of Trademarks: Name, Slogan, Logo, Shapes, Three-dimensional Marks, Colors, Holograms, Motions / Multimedia, Positions, Gestures, Olfactory (smells / scents), Sounds / Tunes, Tastes, Textures.

What are trademark rights?
The concept behind trademark rights is that the owner of the mark has the legal right to stop people from trading off of the value of the company’s brand and reputation. They can do so by stopping the use of any confusingly similar trademark. Often trademark owners will also secure rights in other related goods that they want to sell – for example, t-shirts.

What does trademark mean for Besteez creators?
Besteez creators are not allowed to use third party trademarks unless they have permission. Besteez conducts preventive reviews of all listings to help ensure third party rights are not violated. You are still solely responsible to ensure you don’t infringe on any trademarks.

What if the logo itself isn’t used?
An example we will use is a sports team. As you would expect, all professional team logos are clearly protected by trademark. But the legal protection extends well beyond the team name and logos themselves. If a design shows a combination of elements that clearly indicate a particular team, then that design is considered infringing as well. For example, if a shirt that includes a soccer image, a reference to Manchester United R.F.C and the colors used by the Liverpool R.F.C team, the trademark owner would very likely have a claim for infringement

Copyright

Copyright protection
Copyright has existed for hundreds of years. The underlying idea is to give creators of certain works the right to control the reuse and distribution of that work (whether an exact copy or a modified version).
Copyright law says that a work has to be “original” to be protected. “Original” doesn’t mean innovative. “Original” in the legal sense means that the creator didn’t copy anyone else. Under copyright law, you are not entitled to use someone else’s work as a basis for your own. You have to originate your own works, creating them from scratch. Copyright is intended to strike a balance between freedom to be inspired and protection for those who create. Copyright only extends to the unique expression of ideas, not the idea itself.
Copyright is not intended to limit sharing of ideas and does not cover the underlying idea itself. So the painter of a landscape can’t stop other people from painting landscapes. They can only stop other artists from using their specific painting as a basis for another work.
Though copyright does not cover ideas, to the extent the idea can be expressed in many different ways, each expression will be protected by copyright. But the components of expression, such as individual words and phrases or individual shapes and design elements, are not protected. The expression has to extend beyond the individual components. The simpler the design, the less protection provided by copyright.

What does it mean for Besteez creators?
Besteez creators are not allowed to use third party copyrighted works unless they have permission.

Right of Publicity and Right of Privacy

Right of publicity is very different than the legal rights provided by trademark and copyright and is a much simpler concept. Right of publicity is the right of famous people to control the commercial use of their name or likeness.
Right of publicity is really a subset of the larger right of privacy that applies to all people. In the context of marketing and merchandise, that means each person is entitled to control the use of their name and image in a commercial context.
In keeping with right of publicity and privacy laws, Besteez will not be able to print shirts that include the name or likeness of any individual, including celebrities, unless we are instructed otherwise by the individual or their agent.