SecondWind Marketplace respects the intellectual property (IP) of others. As a seller, you must own and have the legal authority to sell the content you are listing. Various laws which apply to content listed on SecondWind Marketplace are found within Title 17, Subsection 512(c) of the Digital Millennium Copyright Act (DMCA) of 1998 and other applicable IP laws.

Notification Steps
If you believe a user to be in violation, your first step should be to contact the responsible person by private message. If this course of action proves ineffective, please Contact Us immediately. SecondWind Marketplace Support will respond within 24 hours and attempt to resolve the situation by talking to both parties.

While SecondWind Marketplace will make every effort to resolve the situation amicably, please keep in mind we have no means of determining who legally who owns what content, we rely solely on historical information about users.

If the conflict cannot be resolved between both parties, you may consider legal action. If this is escalated an infringement notice may be filed with SecondWind. This will result in the immediate removal of the listed content in question.  In order for this to happen you must hold the copyright to the content in question and be prepared to state you case in a court of law. Occasionally, especially in the case of repeat offenders, we will ban users permanently.

To file notice, please download the Alleged Copyright Infringement Notice, fill it in, and fax it to SecondWind’s DMCA Agent at 262-436-1340 - email is not acceptable.

Counter-Notification
If you are subject to a takedown notice, or believe your content was misidentified as infringing, you may file a counter-notice.

Please keep in mind if you did not have all of the rights to post the material or listing in question, you must NOT submit a counter-notification.  Under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages.

To file a notice, please download the Counter-Notice Regarding Alleged Copyright Infringement, fill it in, and fax it to 262-436-1340 – again, email is not acceptable.

If you have any questions please feel Contact Us, we will do our best to respond within 24 hours.