Intellectual Property Policy

As a venue for artists, designers, and makers, Hogaki takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative hybrid marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorized parties can submit proper notices of infringement regarding content on our hybrid marketplace, and how Hogaki suppliers can respond when their listings or shops are affected by a notice.

For more information on use of Hogaki's intellectual property, including guidelines for the use of Hogaki's Trademarks and brand, please refer to Hogaki's Trademark Policy

This policy is a part of our Terms of Use.

    1. Hogaki's Role
    2. Counter Notices
    3. Repeat Infringement
    4. Notice Withdrawals
    5. Notices of Intellectual Property Infringement

1. Hogaki's Role

Hogaki is a hybrid marketplace comprised of individual third-party suppliers who run their own shops, create their own policies, and are responsible for their inventory, shipments, and complying with the law. We provide a venue, but Hogaki does not manufacture goods, hold inventory, or ship items on behalf of our suppliers. The content uploaded on Hogaki's hybrid marketplace is generated by independent suppliers who are not employees, agents, or representatives of Hogaki. Suppliers are responsible for ensuring they have all necessary rights to their content and that they are not infringing or violating any third party’s rights by posting it.

Hogaki reserves the right to disable any listing, shop, or account that we believe violates our Terms of Use, including this Intellectual Property Policy or our Prohibited Items Policy. Hogaki also reserves the right to take action against abusers of Hogaki’s Intellectual Property Policy or our Terms of Use.

Hogaki can’t speak on behalf of intellectual property owners, nor is Hogaki in a position to offer legal advice or make legal determinations whether a supplier’s content infringes someone else’s intellectual property. Hogaki will remove material cited for alleged intellectual property infringement when provided with a proper notice.


2. Counter Notice

In accordance with the Digital Millennium Copyright Act (DMCA), Hogaki accepts counter notices for copyright notices only. When Hogaki receives a DMCA counter notice, we will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Hogaki of this action.


3. Repeat Infringement

Hogaki terminates selling privileges of members who are subject to repeat or multiple notices of intellectual property infringement in appropriate circumstances and at Hogaki’s discretion. If we believe a member has attempted to open a new shop after termination of the initial account, we reserve the right to refuse all services to that member. These actions apply to any accounts we believe are associated with or operated by the affected member. Per our Terms of Use, Hogaki reserves the right to terminate account privileges at any time, for any reason, and without advance notice.


4. Notice Withdrawals

Hogaki only accepts withdrawals of infringement notices directly from the intellectual property owner or authorized representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the member and/or material (such as by providing the username, shop name, and Hogaki listing URLs).

Once Hogaki receives a formal withdrawal of a notice of infringement, Hogaki makes reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the member affected by the withdrawal. Please note that infringement matters are reviewed on a case-by-case basis, and withdrawals do not guarantee changes to a member's shop status.


5. Notices of Intellectual Property Infringement

Hogaki strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When Hogaki removes or disables access in response to a notice, Hogaki makes a reasonable attempt to contact the affected member, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Hogaki may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected member.

Please use Contact Form, or email us: info@hogaki.com to provide notice of infringement and other intellectual property claims. Please ensure that you provide the URL link for the alleged violation.

Hogaki may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. Hogaki may reject notices or counter notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. Hogaki also reserves the right to take action against abusers of this policy.


Last updated on Jan 14, 2020