Intellectual Property Rights (IPR) Protection Policy
1.Overview
Everychina.com respects the intellectual property rights of others, and we expect our users to do the same. Unauthorized use of another party's materials and trademarks are dealt with severely on our websites at EveryChina.com.
2.IPR Protection
Listing of counterfeits, non-licensed replicas, or unauthorized products such as counterfeit designer garment, watches, handbags, sunglasses or other accessories is strictly prohibited on the Site.
No products can be sold on the Site without the explicit permission from the intellectual property right holder.
Branded products are permitted to be displayed and sold on the Site if a certificate of authorization has been issued by the brand owner.
Postings of offers to sell or purchase replicas, counterfeits or other unauthorized items shall be subject to removal by EveryChina.com. Repeated postings of counterfeit or unauthorized items shall result in the immediate suspension of the offender's Membership.
3.Repeat violations of our IPR policy may result in a range of actions, including:
- Removal of listing(s)
- Posting restrictions of no more than 10 offers each day
- Account suspension
- Dissolution of membership service agreement
4.Infringement Claims
The following actions are used as a deterrent against infringement of IPR:
- Voluntary review and removal of listings that appear to offer counterfeit, non-licensed replicas or unauthorized items
- Prompt removal of listing(s) when an intellectual property infringement claim is filed by the trademark holder against any Member who displayed such listing(s)
- Written notification with appropriate reason(s) given to Members who have their product(s) removed on the Site for suspicion of infringing the IPR of others
- Written notification to Members whose listings are claimed to infringe on other's IPR. Parties involved will have equal opportunities to respond to such charges.
- Termination, when appropriate, of the accounts of Members who are repeat offenders
With millions of Members trading on the Site each day, we expect each and every Member to behave responsibly. We appreciate the assistance given by all members to report any IPR infringement.
We request those who assert claims of infringement to stand behind their claims. By submitting a report of alleged infringement to EveryChina.com, you agree to indemnify EveryChina.com against claims or damages arising from the removal of the listing.
EveryChina.com is also not an arbitrator or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, EveryChina.com is not endorsing a claim of infringement. In those instances in which EveryChina.com declines to take down a listing, it does not mean that EveryChina.com is determining that the listing is not infringing or EveryChina.com is endorsing the sale of goods in such cases.
5.How to report an alleged IPR infringement to EveryChina.com:
1) Report an IPR to EveryChina.com
If you have a good faith belief that a listing on the Site infringes your copyright, trademark, patent or other intellectual property rights, you are welcome to visitour online reporting system for intellectual property infringement claims at :
http://www.everychina.com/index.php?r=report/report.
If you meet any technological problem whilst submitting claims please report your problem details to EveryChina.com service@EveryChina.com by email or (86)1065569770 by fax so as to enable us to check and solve the problem for you.
In the meantime, you may complete our Notice of Claimed IPR Infringement form and send it to aforementioned email address or fax number for your claim. The completed Notice should specifically identify the member and each and every product listing individually which is claimed to be infringing your rights (specific URL).
2) Upon receipt of the aforesaid online submission or the Notice, we will promptly evaluate your complaint, and in cases where it is appropriate, we will expeditiously take down the listing referred to in your claim.
3) We will notify the member in writing of the removal of the claimed infringing product listing and provide the member with your contact information so that the member may contact you directly and with an opportunity to respond.
4) If the member objects to the removal of the alleged infringing product listing, the member may submit to us an appropriate counter-notice to dispute the claim. Upon receipt of such counter-notice, we may resume the member’s listing unless we receive notice from you that an action has been filed against the member in a court of competent jurisdiction for infringement of your intellectual property rights.