Kaneva respects the intellectual property rights of others and we require that our members and merchants
(collectively “Members”) do the same. Members may not upload, post, reproduce, link to, distribute or
store material protected by copyright, trademark, trade secret or other proprietary right, or which would
violate any right of publicity, right of privacy or other right of any third party, without first obtaining
permission of the owner of such right.
Kaneva members remain the copyright owner of all material (software and content) that they provide on the
community. Use of the material in a manner which is inconsistent with the terms and conditions set forth
herein is strictly prohibited. Do not post, give away or sell any item that is not 100% your own unless
you have a license to re-distribute. Copyright infringement will not be permitted and may result in the
suspension or termination of membership, or removal of a merchant’s store.
Kaneva adheres to the Digital Millenium Copyright Act (DMCA) and other applicable intellectual property laws.
If you believe that any material on www.kaneva.com (“the Website”) infringes a copyright that you
own or control you may file a Notification of Claimed Infringement with our Designated Agent.
Designated Agent
Kaneva has designated an agent to receive notifications of claimed infringement. Kaneva’s
Designated Agent for notifications of claimed infringement can be reached as follows:
By Mail:
Ralph Walter, Director of Finance
Kaneva, Inc.
5901 C Peachtree Dunwoody Road
Suite 300
Atlanta, GA 30328
By Phone: 678-367-0555
By Fax: 770-352-0077
By Email: 
Notice & Takedown
Upon receiving a notification of claimed infringement (“the Notification”) that includes the
information set forth above Kaneva will, within 2 business days of receipt of such Notification,
suspend the availability of the challenged product in The Kaneva Stores and suspend any payment
otherwise due the merchant of the challenged product.
Promptly after receiving a Notification, Kaneva will send an email communicating the Notification
to the affected member, or to the merchant of the challenged product and notifying the merchant
that Kaneva has suspended the availability of the challenged product in The Kaneva Stores and
suspended any payment otherwise due the merchant of the challenged product.
The merchant of the challenged product may then respond by submitting a counter notification
to Kaneva’s Designated Agent.
Counter Notification
A Counter Notification that complies with the DMCA (“Counter Notification”) will assist us
to address your request and resolve the matter promptly. Please include the following
information in your written Counter Notification:
- Your name, address, telephone number and email address.
- Identify the challenged product the availability of which has been suspended and the
location, such as the URL, where the material appeared before access to it was suspended.
- If the address given above is inside the United States, include the following statement:
“I consent to the jurisdiction of the Federal District Court for the judicial district in which
the address given above is located. I will accept service of process from the person who
provided notification of claimed infringement or an agent of such person.”
If the address given above is outside the United States, include the following statement:
“I consent to the jurisdiction of the U.S. District Court for the Northern District of Georgia.
I will accept service of process from the person who provided notification of claimed infringement
or an agent of such person.”
- Include the following statement: “I swear, under penalty of perjury, that I believe in
good faith that the suspension of access to the challenged product was done as the result of
mistake or misidentification of the challenged product.”
- Apply your physical or electronic signature to the Counter Notification.
- Send the written Counter Notification to Kaneva’s Designated Agent.
Failure to include all of the above-listed information may result in a delay of the processing of
your request or our inability to process your request at all. If you knowingly materially misrepresent
that the challenged product or activity does not infringe the intellectual property rights of others,
you may be liable for damages, including costs and attorney’s fees. If you have any question about
whether or not the challenged product infringes the intellectual property rights of others as claimed
please consult with your attorney.
If no Counter Notification is received from the merchant of the challenged product within the ten (10)
day period set forth above, Kaneva will delete the challenged product from The Kaneva Stores and reserves
the right to withhold any payment otherwise due the merchant of the challenged product. Kaneva will
review all information to determine if the merchant of the challenged product is to be warned, suspended
or have its merchant status permanently removed pursuant to Kaneva’s Repeat Infringer Policy.
If a Counter Notification which complies with the requirements set forth above is made, the Counter
Notification will be forwarded to the Complaining Party and Kaneva will inform the Complaining Party
that the challenged product will be made available again in the Kaneva Stores in 10 business days unless
Kaneva’s Designated Agent first receives notice from the Complaining Party that the Complaining Party
has filed an action seeking a court order to restrain the merchant of the challenged product from
engaging in infringing activity related to the challenged product (“an Action”).
Any notice from the Complaining Party that the Complaining Party has filed an Action should be sent to
Kaneva’s Designated Agent. If Kaneva’s Designated Agent does not receive such notice from the
Complaining Party within 10 business days, Kaneva will make the challenged product available again
in the Kaneva Stores no later than 14 business days after receiving the Counter Notification.
If Kaneva’s Designated Agent does receive notice that an Action has been commenced, the challenged
product will be deleted from The Kaneva Stores. Kaneva shall have the right to withhold any payment
otherwise due the merchant of the challenged product and shall also have the right to deposit any amount
due the merchant of the challenged product into an escrow account until the Action is final. In the event
that the Merchant of the challenged product prevails in the action, the Merchant may resubmit the product
to the Kaneva Stores by submitting a copy of the judgment or settlement agreement to Kaneva’s Designated Agent.
In the event the Merchant is found liable for infringing the intellectual property rights of the Complaining
Party, the Complaining Party may submit a copy of the judgment or settlement agreement to Kaneva’s Designated Agent
for the purposes of Kaneva’s Repeat Infringer Policy.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of
Kaneva to, in appropriate circumstances, remove the store of any merchant or terminate the membership of any
member, deemed to be a repeat infringer. For these purposes, Kaneva will count “infringements” and, subject
to the terms below, will remove the store of any merchant, or disable the account of any member, who has more
than one infringement.
An infringement will arise every time: (1) the merchant or member has been found by a court of competent
jurisdiction to have infringed the copyright(s) of one or more third parties; (2) the merchant or member has
entered into an agreement acknowledging wrongdoing to settle a claim of copyright infringement; (3) Kaneva has
actual knowledge, even absent adjudication, that the merchant or member has committed an act of copyright
infringement; (4) a valid and uncontested notice has been provided to Kaneva alleging facts which constitute a
violation of Kaneva’s Copyright Policy and/or of U.S. Copyright law by the merchant or member; or (5) the merchant
or member engages in any other blatant or flagrant infringement(s) of the intellectual property rights of one or more third parties.
Each infringement claim is handled individually. For the purposes of this Repeat Infringer Policy, an infringement
may not be counted if the infringement is extremely minor and inadvertent or accidental. In such circumstances, the
merchant or member may be allowed to update the challenged product or item in question and may be put on a 30-day
probation period. Such probation could include, when appropriate, withholding payment for a month (to cover refunds
of a questionable item), requiring a signed upload agreement to be filed in merchant’s file at the Kaneva office,
and longer testing time for new products so the company can review them for copyright concerns. Kaneva may remove
the merchant’s store or disable the member’s account if any single act of infringement appears particularly severe
and/or intentional. When appropriate, buyers will be notified by email from a Kaneva Admin that an item is
“questionable” for copyright violations and be offered an update and/or a refund by gift certificate.
In cases in which a single act of infringement appears particularly severe and/or intentional, or when a merchant
or member is found to have more than one infringement, Kaneva will remove the merchant’s store or disable the
member’s account as soon as practicable (in the ordinary course of business, within one week) and, when appropriate,
will notify buyers that the item infringes the intellectual property rights of others and offer the affected buyers
a refund by gift certificate. Any payment due the merchant will be forfeited and used for refunds and Kaneva’s
administrative cost for the item’s sale and return.
Kaneva reserves the right to remove a merchant’s store in The Kaneva Stores or disable the member’s account at
its sole discretion. Allegations of infringement may form the basis for such removal and/or disabling. Kaneva
welcomes communication from all parties concerning the products available in The Kaneva Stores and the procedures
by which Kaneva seeks to protect the intellectual property rights of all parties. If you believe that copyrighted
material has been used in violation of this policy or otherwise been made available through the community in a
manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for filing
a Notice of Claimed Infringement with Kaneva's
Designated Agent. Similarly, if you wish to bring to Kaneva’s attention
a judgment of copyright infringement as to one of its merchants or members, you may do so by sending, via registered
mail, a copy of such judgment to Kaneva’s Designated Agent.
Kaneva’s Policy Concerning False Claims
Under the DMCA, a party who knowingly materially misrepresents that particular material is infringing, or an
accused party who knowingly materially misrepresents that particular material does not infringe, may be liable
for damages, including costs and attorney’s fees incurred by Kaneva and the accused merchant or aggrieved copyright
holder, as the case may be. If you think but are not sure that certain intellectual property rights are or not
being infringed, please consult with your attorney. In addition, repeated copyright notification claims submitted
by the same member which are properly refuted by the merchant of the challenged product may form the basis for TOS
violation warning and/or disabling of the member’s account.
Kaneva's Policy Concerning Trademark Claims of Infringement
- Please select the Copyright Notification link above to officially communicate a potential trademark
infringement claim. Proof of Trademark has to be added to the official notice.
- Upon receiving an official Notification communication via mail or fax, Kaneva will remove the
product from the Kaneva Stores in question within 1 business day. Kaneva's business hours are Mon - Fri 9am to 5pm.
- Emails will be sent to both parties confirming the product's removal from the Kaneva Stores.