Copyright Policy
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users, vendors, advertisers, affiliates, and content providers. (2) Depending on the severity of the violation, first-time offenders or repeat offenders, infinMart reserve the right to remove, suspend, discontinue, or/and terminate our service to any of our members or users, vendors, advertisers, affiliates, and content providers who violated our Terms and Conditions.
Remember that your use of infinMart’s Services is at all times subject to the Terms and Conditions, which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms and Conditions.
- Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to infinMart’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that infinMart is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number, and if available, an email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once Notification Is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- terminate such content provider’s access to the Services if he or she is a repeat offender.
- Procedure for Vendor to Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which infinMart is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, infinMart may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that infinMart may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at infinMart’s discretion.
Trademark Policy
A trademark is any word, symbol, phrase, design, or other indicia that serves to identify and distinguish the source of the goods or services of one party from those of another party. Some examples of trademarks are brand names, logos, and slogans. Trademarks generally are meant to protect consumers from being confused as to the source of a good or service, though they can sometimes also protect the value of companies’ own brands in the marketplace. Trademarks may be registered with each jurisdiction’s regional trademark office.
Using a third party’s trademarks without proper authorization is a direct violation of infinMart’s Vendor Policies, Vendor Terms of Service, and various other infinMart policies. Accordingly, if infinMart were to learn of such unauthorized use, infinMart reserves its right to remove such listing in its own discretion and without notice to the Vendor.
Similarly, if you are a rights owner with a registered trademark, or are authorized by the trademark owner to act on its behalf, you may report the allegedly infringing listings by reporting the listing via infinMart’s Report IP Violations online or email us. Upon receipt of your report, infinMart will promptly investigate the listing and remove it when appropriate.
Counterfeit Policy
Counterfeit products generally are fake or unauthorized copies of real products, which often are of lesser quality than authentic goods. They often contain identical or near-identical copies of a company’s brand, logo, or other identifying features, and therefore can often violate a rights-holder’s various intellectual property rights.
Listing for sale counterfeit products is a direct violation of infinMart’s Vendor Policies, Vendor Terms of Service, and various other infinMart policies. Accordingly, if infinMart were to learn of such unauthorized use, infinMart reserves its right to remove such listing in its own discretion and without notice to the Vendor.
Similarly, if you are a rights holder that detects potential counterfeit items, or are authorized by the rights owner to act on its behalf, you may report the allegedly counterfeit listings via infinMart’s Report IP Violations online or email us. Upon receipt of your report, will promptly investigate the listing and remove it when appropriate.
Patent and Community Design Policy
A patent is a form of intellectual property right that protects an invention against unauthorized reproduction, use, copying, or sale. Patents may cover manufactured items, machines, designs, and various other items or processes. Patents may be registered with each jurisdiction’s regional patent office.
A community design is a form of intellectual property specific to the European Union. The European Union’s regulation defines a “design” as “[t]he appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture and/or materials of the product itself and/or its ornamentation.”
Offering a product for sale that is found to infringe upon a third party’s patents or community design is a direct violation of infinMart’s Vendor Policies, Vendor Terms of Service, and various other infinMart policies. Accordingly, if infinMart were to learn of such unauthorized use, infinMart reserves its right to remove such listing in its own discretion and without notice to the Vendor.
Similarly, if you are a rights holder that detects potential violations of your patent or community design rights, or are authorized by the rights owner to act on its behalf, you may report the allegedly infringing listings via infinMart’s Report IP Violations online or by email us. Upon receipt of your report, infinMart will promptly investigate the listing it when appropriate.
Right of Publicity Policy
The right of publicity is the right of a person to control how his or her name, image, likeness, or other identifiable feature (each a “publicity right”) is used in a commercial setting. In some locations these rights expire upon the death of the individual, but in others these may continue for some time post mortem. The laws regarding these rights are specific to the locations in which the person lived, died and/or had some other connection.
Using a third party’s publicity rights without proper authorization is a direct violation of infinMart’s Vendor Policies, Vendor Terms of Service, and various other infinMart policies. Accordingly, if infinMart were to learn of such unauthorized use, infinMart reserves its right to remove such listing in its own discretion and without notice to the Vendor.
Similarly, if you are a rights holder that detects potential violations of your publicity rights, or are authorized by the rights owner to act on its behalf, you may report the allegedly violate listings via infinMart’s Report IP Violations online or email us. Upon receipt of your report, infinMart will promptly investigate the listing and remove it when appropriate.
Repeat Infringer Policy
InfinMart takes measures to identify and take action against Vendors who are alleged to repeatedly infringe on the intellectual property rights of others. Repeat infringers are subject to the following actions by infinMart, among others:
- Certain accesses and account privileges may be revoked or limited
- Monetary fines may be issued
- Access to content generated by the repeat infringer may be removed temporarily or permanently from the Services
- Vendor accounts may be temporarily or permanently suspended
Ways to report violation
- Contact infinMart Designated Agent at the following email address: copyright@infinmart.com and provide details information of the violation and your contact information.
- Filling out a form and providing details information through this Report Copyright & Intellectual Property Violation form.