If you believe that any shop on PlusBase has infringed your intellectual property rights, we encourage you to contact us using the procedure outlined below.
A. PROCEDURE FOR REPORTING INTELLECTUAL PROPERTY INFRINGEMENT:
If you believe that Content residing on or accessible through the website constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send a notice of infringement containing the following information to PlusBase listed below:
1. Identification of the copyrighted work or other intellectual property that you claim has been infringed on or through the website, including the registration number(s) for any such material if applicable;
2. Identification of the Content that you claim has infringed on the identified copyrighted work or other intellectual property, including (a) a description of how the material in question is using the copyrighted work or other intellectual property in a way that constitutes infringement, and (b) a description of where the material in question is located on or in the website, with sufficient detail that we may verify the existence of the material within the website;
3. Your contact information, including your full name, mailing address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use of the copyrighted work or other intellectual property is not authorized by the copyright holder, its agents, or the law;
5. A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder; and
6. An electronic or physical signature of the person authorized to act on behalf of the rights holder.It is our policy to remove or disable access to the allegedly-infringing Content.
B. ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED
Once a complete and bona fide infringement notice is received, PlusBase will review the report in accordance with applicable law and PlusBase’s Terms of Service and related Seller Policies. Based on the circumstances and at its sole discretion, PlusBase may take actions it deems appropriate, including removing or disabling access to the reported content, restricting, suspending, or terminating seller accounts, or implementing other measures to comply with legal requirements or mitigate platform risk.It is our policy to remove or disable access to the allegedly-infringing Content.
C. PROCEDURE FOR SELLERS TO SUBMIT A DMCA COUNTER-NOTICE
If a Seller believes that the Content that was removed or to which access was disabled is not infringing, or that the Seller has the lawful right to post and use such Content from the rights holder, the rights holder’s authorized agent, or pursuant to applicable law (including fair use), the Seller may submit a DMCA counter-notification through the following form:
DMCA Counter Notice form.
Any counter-notification submitted by a Seller must include the following information:
1. Identification of the Content that has been removed or disabled, including a description of where the material appeared on the platform before it was removed or disabled;
2. A statement made under penalty of perjury that the Seller has a good-faith belief that the Content was removed or disabled as a result of mistake or misidentification;
3. The Seller’s contact information, including full legal name, mailing address, telephone number, and email address;
4. A statement that the Seller consents to the jurisdiction of the Federal Court for the judicial district in which the Seller’s address is located, or, if outside the United States, to an appropriate judicial district as required under applicable law;
5. The Seller’s physical or electronic signature.
Upon receipt of a valid counter-notification, PlusBase may forward a copy of the counter-notification to the original complaining party and notify such party that the removed Content may be reinstated or access restored within ten (10) business days.
Unless the rights holder files an action seeking a court order against the Seller, the removed Content may be reinstated, or access to it restored, within ten (10) to fourteen (14) business days or longer after receipt of the counter-notification, at PlusBase’s sole discretion.
PlusBase does not determine intellectual property ownership, validity, authorization, or infringement and makes no legal judgment regarding trademark, brand, or other DMCA intellectual property disputes. Any action taken by PlusBase in response to such complaints is a compliance and risk-mitigation measure only and does not constitute an admission of liability or wrongdoing.
Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be subject to liability for damages, including attorneys’ fees.
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