Intellectual Property Policy

 As a destination for only officially licensed products, Lost Universe takes intellectual property rights extremely seriously. We comply as far as we are able with intellectual property laws to maintain the integrity of our proposition. This Intellectual Property Policy explains how we handle allegations of infringement, how authorised parties and license holders can submit reports of infringement, and how Seller Partner can respond when their Listings and/or Products are affected by a report. This policy is a part of our Terms of Use and any definition within the Terms of Use shall also apply within this Intellectual Property Policy.

Lost Universe

Lost Universe is a website and marketplace comprised of products stocked and sold by Lost Universe, products sold by third-party suppliers (Concessions) and by individual third-party sellers (Seller Partners) who can manage their own profile, create their own delivery policies, and are solely responsible for their inventory, shipments, and complying with all legal requirements concerning their Listings and/or Products.

The Lost Universe Marketplace provides the platform for Seller Partners to sell their products to Customers. Lost Universe does not manufacture goods, hold inventory, or deliver items on behalf of our Seller Partners. Content uploaded to Lost Universe (identifiable by the ‘Seller Partners’ or ‘Concession Brand’ logo) is generated by independent Seller Partners who are not employees, agents, or representatives of Lost Universe. Seller Partners are responsible for ensuring they have all necessary rights to their content, Listings and/or Products and that they are not infringing or violating any third party’s rights (howsoever arising and including, but not limited to Intellectual Property Rights) by making, Listing or publishing the relevant item or product.

Lost Universe reserves the right to remove any Listing, profile, or account that we believe violates our Terms of Use, including this Intellectual Property Policy or our Prohibited Products Policy. Lost Universe also reserves the right to act against abusers of Lost Universe’s Intellectual Property Policy or our Terms of Use.

Lost Universe cannot act or comment on behalf of intellectual property owners, nor is Lost Universe able to offer legal advice or make legal determinations whether a Seller Partners’ content infringes someone else’s Intellectual Property Rights.  All Seller Partners are strongly advised to seek independent legal advice before making and Product and/or proposing any Listing.   Lost Universe will remove material cited for alleged intellectual property infringement when provided with a report that complies with our policies.

Lost Universe amends these terms from time to time. Every time you wish to use Lost Universe, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 25 May 2022.

Reports of Intellectual Property Infringement

When Lost Universe receives a report of intellectual property infringement that complies with our policies, we will remove or disable the allegedly infringing material. When Lost Universe removes or disables access in response to an infringement report, Lost Universe will make a reasonable attempt to contact the affected Seller Partner, provide information about the report and removal. Lost Universe may also provide a copy of the infringement report, including the name and email address of the reporting party, to the affected Seller Partner.

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

In relation to any replies or counternotices that may be served by Seller Partners, Lost Universe will forward such Seller Partner correspondence directly to the complainant, which will include your personal contact information. At that time the complainant may take legal court action against you.

Repeat Infringement

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

Requests for Withdrawals of Reports

Lost Universe only accepts withdrawals of infringement reports directly from the intellectual property owner or authorised representative who submitted the claim. The withdrawal must clearly state that it is a formal withdrawal and sufficiently identify the Seller Partner and/or material (such as by providing the username, store name, and Lost Universe listing URLs).

Once Lost Universe receives a formal withdrawal of an infringement report, Lost Universe shall make reasonable attempts to contact both parties involved to confirm receipt from the party submitting the withdrawal and to inform the Seller Partner 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 Seller Partners access and/or use of Lost Universe.

Notice of Infringement

If you believe in good faith that any Listing, Product or content that has been made available through Lost Universe infringes upon your Intellectual Property Rights, you may submit a notice of infringement to ip@lostuniverse.com.