Terms of Use


We’re super stoked that you are here! There are few little things we need to make sure you understand as you begin on your awesome adventure on this website, so let’s get the formalities out of the way, and get this handmade lovin’ party started!

Accepting the Terms of Use:

1. Accepting these Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short). These Terms are a legally binding contract between you and Gypsy Spoonful . This contract outlines your rights and responsibilities when you use the services provided by Gypsy Spoonful (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Got it? Cool! Keep reading!

2. Those Other Documents We Mentioned

Gypsy Spoonful’s Services connect people around the world to make, sell and buy unique HANDMADE goods. Here’s some spiffy lil’ links to help you understand the specific rules that are relevant for you, depending on how you use our Services:

Check out our Buyers Guide

 Check out our tips for selling 

All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it really does to everyone who uses our website!

3. Your Account with Gypsy Spoonful

You’ll need to create an account with Gypsy Spoonful to use most of our Services. Here are a few rules about accounts with Gypsy Spoonful:

A. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.

B. Be honest with us. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account. All misleading/false accounts, or different buyer/seller accounts will be removed.

C. Choose a nice username. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates our terms.

D. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable, or saleable to another person or entity. Multi-user accounts are frowned upon, we really would like one person per account.

E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

F. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and Gypsy Spoonful.

4. Your Content

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant Gypsy Spoonful a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Gypsy Spoonful function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

C. Rights You Grant Gypsy Spoonful. (Here’s the legalese version of the last section). By posting Your Content, you grant Gypsy Spoonful a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Gypsy Spoonful, your Gypsy Spoonful shop, or the Services in general, in any formats and through any channels, including across any Gypsy Spoonful Services or third-party website or advertising medium. That sounds like a lot, but it’s necessary for us to keep Gypsy Spoonful going. Consider these examples: if you upload a photo of a listing in your Gypsy Spoonful shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Gypsy Spoonful’s.

D. Reporting Unauthorized Content. Gypsy Spoonful understands the debate and importance of intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the site. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Stance. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice, and barring that is IS truly a violation (please note: we fully recognize the “first sale doctrine”). We’ll notify you if that happens.

E. Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Gypsy Spoonful’s site (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

F. Private Transactions: You understand all transactions between you, as a shop owner/maker, OR as a buyer, are strictly between the other party involved. Gypsy Spoonful is merely providing a venue for said transaction. Gypsy Spoonful is not responsible for said transactions, nor will resolve any disputes between parties.

G. Barter and Trade: Barter and Trade is NOT allowed on Gypsy Spoonful. The price is the stated price and unless arrangements are made directly between buyer and seller, assume the price stated in a listing is the definitive price.

 Your Use of Our Services

License to Use Our Services.

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:

A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against Gypsy Spoonful, another Gypsy Spoonful user or a third party.
B. Pay Your Bills. You are responsible for paying any and all fees that you owe to Gypsy Spoonful. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Your fees, bills, taxes and how you can pay them are fully explained in our Fees & Payments Policy.
C. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
E. Follow Our Trademark Policy. The name “Gypsy Spoonful” and the other Gypsy Spoonful marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Gypsy Spoonful in the U.S.
F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Gypsy Spoonful (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
G. Talk to Us Online. Gypsy Spoonful will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
Termination

Termination By You

We hate to see you go, but you may terminate your account with Gypsy Spoonful at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills. Termination By Gypsy Spoonful. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. Gypsy Spoonful may refuse service to anyone, at any time, for any reason. If you or Gypsy Spoonful terminate your account, you may lose any information associated with your account, including Your Content. We May Discontinue the Services. Gypsy Spoonful reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services. Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

5. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that Gypsy Spoonful does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced and sold directly by independent sellers, so Gypsy Spoonful cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Gypsy Spoonful from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims). Content You Access. You may come across materials that *you* may find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Gypsy Spoonful is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content. People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that, although we do try, we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Gypsy Spoonful is not a party to those agreements; they are solely between you and the third party.

Warranties. Gypsy Spoonful is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.

We do not guarantee that:

(i) the Services will be secure or available at any particular time or location;

(ii) any defects or errors will be corrected;

(iii) the Services will be free of viruses or other harmful materials; or

(iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. Liability Limits. To the fullest extent permitted by law, neither Gypsy Spoonful, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Gypsy Spoonful’s aggregate liability for any damages exceed the greater of one hundred ($100.00) US Dollars or the amount you paid Gypsy Spoonful in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
9. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if Gypsy Spoonful gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Gypsy Spoonful (including any of our employees, should we ever have any) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

6. Disputes with Other Users

If you find yourself in a dispute with another user of Gypsy Spoonful’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Gypsy Spoonful has no dispute resolution services and has no obligation to resolve any disputes. Release of Gypsy Spoonful: You release Gypsy Spoonful from any claims, demands and damages arising out of disputes with other users or parties.

7. Disputes with Gypsy Spoonful

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

A. Governing Law. The Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.

B. Arbitration. You and Gypsy Spoonful agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Gypsy Spoonful are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

C. Forum. We’re based in the Western Suburbs of Chicago, Illinois, so any legal action against Gypsy Spoonful related to our Services must be filed and take place in the county seat of Wheaton, Illinois. That means the seat of any arbitration shall be Wheaton. For any actions not subject to arbitration, you and Gypsy Spoonful agree to submit to the personal jurisdiction of a state court located in DuPage County, Illinois If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Illinois.

8. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following:

(1) posting the changes through the Services or

(2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

9. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Gypsy Spoonful regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

10. Contact Information

If you have any questions about the Terms, please email us at: GypsySpoonful@Gmail.com

In Subject Line, Include: Attention: Legal Department

Handmade Policy:

Handmade Policy
Everything listed on our entire website must be made or designed by you, the seller. You may hire employees to help run your business or outside help to assist in making your designs. If you hire employees, you must disclose each of their roles in your business. If you are using any outside help, you must be approved through our Gypsy Spoonful administrative review process. Be prepared to provide proof of how your items are made and who is making them. You may not resell items you did not make or design in on Gypsy Spoonful
This policy is a part of our  terms of use  .  By listing items for sale on the Gypsy Spoonful website, you’re agreeing to this policy and our Terms of Use. Everything listed on our website must adhere to our handmade principles of Authorship, Responsibility, and Transparency (A/R/T), which are further described below. Gypsy Spoonful Makers/Sellers are expected to adhere to these principles regardless of the size of their businesses, which may range from a single person shop to a designer who hires a helper. A “helper” is anyone with whom you partner to create your designs, including providers of any of the following services: printing, 3D-printing, casting, plating, engraving, cutting and sewing, assembling, and any other production-related process.
Authorship
 “Authorship” means that the creation of your items begins with you. We understand that authorship spans a wide range of creative expression. Keep in mind that people come to Gypsy Spoonful for unique items that they cannot find anywhere else. What makes your items unique is your personal human touch in their design and creation. In short, you must be designing and making your items. Reselling is not allowed on Gypsy Spoonful To demonstrate authorship, be prepared to tell us:
The process of how your items are made
What workspace, tools, and equipment you use
And, if you have/hire a helper that helps make any of your items
(these items can only be listed after approval; please apply here via email: GypsySpoonful@Gmail.com ),

Be prepared to also tell us:

  • How you have grown and developed your business
  • What kind of expertise you bring to your business
  • How you developed the original concept behind your designs
  • Your pre-production design process
  • The stages of your design and prototype process
Responsibility
“Responsibility” means that you, the seller, are invested and knowledgeable about the production of your items. Whether working with in-house helpers (that should be added to your Shop description, under your banner), this includes taking the necessary steps to ensure that others you work with understand and are able to realize your vision, design, and level of quality.
To demonstrate responsibility, be prepared to tell us:
  • Who is involved in the making of your items and the running of your Gypsy Spoonful shop and what their roles are
  • How you communicate and collaborate with the people who help you run your shop
  • Responsibility also means researching and following local laws. See our Prohibited Items Policyfor more information.

If there is any question about whether or not your items are acceptable, please email our admin team: GypsySpoonful@Gmail.com
Transparency

“Transparency” means that you honestly and accurately represent yourself, your items, and your business. The Gypsy Spoonful marketplace is built on trust, and buyers come to Gypsy Spoonful to connect with you and your shop. To demonstrate transparency, you must:

  • Use your own photographs (not stock photos) and words to describe your items.
  • Photos should be examples of actual items you have made.
  • Complete your Shop Description telling the story of your business, including the names and roles of people who help in your shop to aid in making your items or running your business.

Please rest assured that if we correspond with you about our handmade principles, information shared in private correspondence with any of our admin team members, will remain confidential among our administrators.

For makers who are approved to work with helpers, only what you have posted in the public manufacturer section will be displayed on your About This Maker area.

We take the integrity of our marketplace very seriously, and from time to time we may contact you to confirm that your shop complies with our handmade principles.

Remember: Our marketplace is built on trust. Providing false, inaccurate, or misleading information in your application may lead to the suspension of your account privileges. We reserve the right to reject partnerships that aren’t in the letter or spirit of Gypsy Spoonful’s policies.

Prohibited Items Policy

Gypsy Spoonful is a curated marketplace, and therefore, we are particular about items which are sold on our site. Although we are curated, it is incumbent upon the purchaser to do their own due diligence before purchasing an item for several reasons.

If you’re a buyer in question as to whether or not something you see is allowed on the Gypsy Spoonful website, refer to these guidelines.

If you’re a maker/seller in question as to whether an item you have created is allowed to be sold on our venue, consult these guidelines.

If you’re still confused, following reading these, please contact an admin at GypsySpoonful@gmail.com

Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of Gypsy Spoonful.

This policy explains what is prohibited or restricted on Gypsy Spoonful This policy is a part of our Terms of Use.

By joining Gypsy Spoonful, you’re agreeing to this policy and our Terms of Use.

We hope these guidelines are helpful, but we cannot catalog every permitted or prohibited item.

We reserve the right to remove listings that we determine are not within the spirit of Gypsy Spoonful.

Such listings will be removed from the site, and the member’s selling privileges may be suspended and/or terminated.

If you see something on Gypsy Spoonful that appears to violate these rules, you can report it to us.

The following types of items are prohibited or restricted on Gypsy Spoonful:

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

2. Animal Products and Human Remains

3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

4. Hate Items: Items that Promote, Support, or Glorify Hatred

5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

6. Internationally Regulated Items

7. Pornography and Mature Content including Adult themed products

8. Violent Items: Items that Promote, Support, or Glorify Violence Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community.

Because we are a creative community, we err on the side of freedom of expression.

We also tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.

Edible items (food products such as candy, baked goods) *can* be allowed, but there is a vetting process for that, please email for information if you are a seller of food products. GypsySpoonful@Gmail.com

Intellectual Property Stance

intellectual property stance

Intellectual Property Stance

Gypsy Spoonful is merely providing the venue for our independent makers to bring their products to market. If you believe there is a violation of intellectual property in a listing, contact the maker directly. If you can not resolve the issue, email the admin team and we will look into the matter.

Please be aware, Gypsy Spoonful fully recognizes the “FIRST SALE DOCTRINE” and will support our makers if there is a misunderstanding regarding your claim of intellectual property infringement and their products on our platform. We have a hands off intellectual property stance.

“The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular  

Download Report

Download the complete Who Has Your Back? 2014: When Copyright and Trademark Bullies Threaten Free Speech report as a PDF.

Executive Summary

When somebody wants to silence speech, they often use the quickest method available. When the speech is hosted on a major online platform, that method is usually a copyright or trademark complaint.  We’ve observed that some approaches tend to work better than others in preventing that sort of deliberate abuse, as well as the casual censorship that comes from haphazard and dragnet approaches to policing online infringement.

And with respect to both copyright and trademark, online platforms can work to ensure that their policies are exercised in an open and transparent manner, so that users can better understand the scope and scale of copyright and trademark complaints and company responses. Gypsy Spoonful believes in transparency at every level

Major online platforms have become the hubs for so much of our speech. The result is that their policy decisions can have an outsized impact on what speech enters the public discourse, and what gets silenced or relegated to secondary status. As users choose which platforms will host their updates, content, writing, images, and videos, they ought to know which of these services have made explicit commitments to defend that speech against bullies that would try to take it down.

Where does Gypsy Spoonful fall on the spectrum?

When it comes to trademarks, the absence of a detailed statutory safe harbor can mean more uncertainty for service providers, but also more flexibility. Some service providers are very conservative in their response to trademark complaints, taking down content quickly when there’s a complaint, even where there’s little real risk of liability. But other service providers, such as Gypsy Spoonful, choose to adopt policies that accept that a small degree of legal risk is worthwhile to protect their users. For example, Gypsy Spoonful’s intellectual property stance requires trademark complaints to be complete and valid, and we make sure that content is only taken down after human review and consideration, and can give users a chance to challenge those complaints. (In other words, we will generally side with our makers and get their backs~and will not randomly pull listings or content without careful consideration and a formal complaint has been filed.)

Gypsy Spoonful is considered an ignored platform provider in that we protect our members from the illegitimate use of copyrights and DMCA complaints. Illegitimate use includes submission of copyright reports for content which does not violate any copyrights, trademarks or patents. This happens far more often than you might think and the majority of sites will throw their members under the bus in fear as soon as any complaint is received. We will never do this. If we believe that an abuse report is fake or otherwise does not represent an actual copyright infringement, we will ignore it. Plain and simple.

It is not uncommon for individuals or groups to attempt to strong-arm a site to suspend customers, even before any relevant proof comes in. Instead, when faced with this pressure, we stand up for our member’s rights and demand that the complaint will be handled by the books. We have lawyers too and we know how to use them.

More importantly, to help reduce the number of empty threats and improper use of the law, it is our policy to require that abuse complaints be submitted through registered postal mail within the protocol outlined. DMCA reports sent via email will be ignored.

Notice to complainants

Prior to filing an official complaint, you are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your filing a complaint does not waive that right.

To file a complaint you MUST follow this protocol:

1. EMAIL The Admin Team first and notify us prior to filing a DMCA .  ONce 

Once the initial complaint email has been received, Gypsy Spoonful then requires a formal, complete, complaint letter on company letterhead and a valid DMCA notice for trademark, patent or copyright-based takedowns of content. This must be sent in writing within 48 hours of knowledge of the alleged infringement. If this is not done within 48 hours, your complaint will be ignored.

Mail via REGISTERED US MAIL to:

Gypsy Spoonful

408 Arbor Avenue

West Chicago, IL. 60185

Attention LEGAL DEPT.

In your complaint letter on company letterhead, you must include?

  • An electronic signature of the copyright owner or a person authorized to act on their behalf;
  • An identification of the copyrighted work claimed to have been infringed;
  • A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit the admin team to find and positively identify that material. For example, we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc. your complaint refers to;
  • Your name, address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once the complaint letter and DCMA notice  has been received via US registered mail , then:

  • Gypsy Spoonful commits to human review prior to any takedown.We currently have a documented internal trademark dispute resolution process that includes the user and to companies that require complainants to obtain a court order for the takedown 
  • If it is a valid and complete notice, we also commit to forwarding the information contained in that notice to the affected user.
  • If we find it is an invalid complaint, protected by the first sale doctrine, other rights, or protocol has not been followed,  we will support our user and advise them to file a DMCA counter-notice, and contest the dispute with a request for a court order.  
  • If the complaint is valid, it will be taken down after warning and an opportunity to respond to the complaint has been provided to our user. If a user is found to be habitually in violation of intellectual property guidelines, we will deal with it.  Although we won’t share the specifics of our repeat infringer policy (we don’t want anyone to game the system, after all), we believe that it strikes the right balance: it protects the rights of copyright owners and protects legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user or our site.  We reserve the right to terminate a relationship with a user for any reason at any time, with no warning necessary.
  • Gypsy Spoonful is run on a WordPress base format and on behalf of our users in the case of an invalid complaint, we will also be in contact with Automattic, the parent company behind WordPress, an active filer of lawsuits in response to abusive takedown requests.

For more information on the First Sale Doctrine, or our intellectual property stance

see these links:

First Sale Doctrine :Wiki

First Sale Doctrine: Tabberone

For more information on Copyright, see this page

Interested in becoming a shop owner on Gypsy Spoonful? Apply Here

 

 

Best Buying Practices

Best Buying Practices: Gypsy Spoonful is a site dedicated exclusively to handmade products. You will find nothing mass produced or imported in our maker’s shops. They may source supplies and materials from various places, but their finished products are made with their own two hands.

The quality of a handmade item can not be surpassed when comparing mass produced products to them. The love, sweat and workmanship that goes into each and every item offered on the Gypsy Spoonful site is incredible. The dedication our maker’s have to each of their crafts is what sets us apart.

You will find totally unique items in the shops located at Gypsy Spoonful that you will not find in the mall, big box stores or chain stores. Each items is designed with forethought, attention to detail and is almost as if a piece of that maker’s soul goes into it.We love buyers! Here are some guidelines to help you enjoy your Gypsy Spoonful experience to the fullest:

Your obligations as a buyer of a wonderful handmade item on Gypsy Spoonful~

1. Please be aware that every transaction is a direct relationship established between you and the seller/maker. Gypsy Spoonful is providing the venue for the transaction, only. We are not responsible for any transactions, dealings or details associated with your sellers/maker.

2. You are obligated to follow through on your purchase. You are not allowed to cancel transactions, unless mutually agreed upon between you and the seller/maker.

3. The price stated is the price, we discourage any type of contact made to a seller/maker encouraging them to change a price on an item for you, or give you a discount for buying more than one of the item. If the seller/maker advertises they are giving discounts for multiple item purchases, then that is acceptable, however, don’t insult the seller/maker and undervalue their hard work by asking for a discount.

4. Gypsy Spoonful does not allow any bartering or trading on our site.

5. Gypsy Spoonful does not offer dispute resolution. You may file a claim with paypal to iron out your differences with a specific seller/maker over a transaction gone bad.

6. Gypsy Spoonful is a curated site, We vet and choose our makers very carefully. We want to offer sellers/makers who are trustworthy, skilled and professional. If there is a problem with a transaction, or an issue with a specific seller/maker, we will not directly get involved, but we would like to know if you have a problem, so please email an admin at : GypsySpoonful@gmail.com . We have a zero tolerance policy on sellers/makers not following through with transactions, or delivering less than quality products to our valued buyers.

7. As a buyer, you are responsible for providing accurate information upon checkout. Please be sure your shipping address is correct BEFORE you complete a transaction so that our sellers/makers have all of the information they need to get your wonderful handmade item safely to you.

8. It is your responsibility to READ the descriptions of each item before you purchase it, and understand what you will be receiving. Please make note of the seller/maker’s measurements, colors, sizing, style mentally before you go ahead and purchase the item. It is important to note the processing and shipping time outlined in each listing when you’re buying. Make note of the turnaround time, and whether or not the item is ready to ship (“RTS”) or a custom item that will required a longer time frame for production. If the item needs to be customized, please make note of the information requested by the seller/maker that you will need to provide for the sale. (Such as measurements, monogram, name, color choice, size choice etc) . If you have questions, it is your responsibility to ask those questions to the seller/maker before you make the purchase. (please see the Gypsy Spoonful tips page for a glossary of commonly used terms on our site, re: RTS , Custom, Customized items etc) .

9. If you’d like to leave feedback/a review for the seller after a buying experience, please be sure you are logged in at the time of purchase. Guests are unable to leave a review as only verified owners of a product can leave a review for it.

Still need a question answered not covered here? Please view the HELP page