Aroma2Go.com Intellectual Property Policy
Believe It LLC. ("Aroma2Go") has adopted the following general policy which will govern our copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Aroma2Go's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
In accordance with applicable federal law, Aroma2Go may, in its sole discretion, act without notice, to respond to a legitimate claim or proper notice by (1) removing or disabling access to material claimed to be subject of infringing (infringing activity may include violations related to Copyright, trademark and/or right of publicity violations) activity; and (2) removing and discontinuing service to repeat offenders. If Aroma2Go removes or disables access in response to such a notice, Aroma2Go will make a good-faith attempt to contact the allegedly infringing party ("Member") so that they may make a counter notification, however Aroma2Go is under no obligation to make contact with the infringing party prior to taking appropriate steps to protect itself.
EXAMPLES OF COMMON INTELLECTUAL PROPERTY INFRINGEMENTS
Aroma2Go provides this list to you as a courtesy to assist you in identifying areas which are commonly the subject of infringement claims. This list is by no means exhaustive and you should always contact an attorney if you are unsure about your legal situation.
- Use of photographs you found online which do not belong to you.
- Use of another member’s product descriptions or narratives.
- Use of a celebrity or any person to endorse your products.
- Use of a brand name in your descriptions or narratives to drive traffic to your listing.
- Use of videos you found online that do not belong to you.
- Use of graphic designs, icons or other electronic images in your listing which do not belong to you.
A.Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent that a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Aroma2Go.
If you believe that material residing on or accessible through the Aroma2Go web site or service infringes a copyright or other intellectual property right, to provide Aroma2Go of notice of such infringement, you may send a notice of infringement to the Designated Agent listed below (preferably via email to firstname.lastname@example.org). Please specify the type of infringement at issue and the notice must include the following information:
- A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name and including /s/ before your name). For example, you should include the United States trademark of United States copyright registration number, if applicable, when communicating with Aroma2Go.
- Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
- Identification of the material on Aroma2Go that is claimed to be infringing upon the intellectual property of its rightful owner. Include information regarding the location of the infringing material with sufficient detail (such as a screenshot) so that Aroma2Go is capable of finding and verifying its existence (for listings, please provide the link or URL to each listing you allege is infringing);
- Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting Aroma2Go on the owner's behalf, the address, telephone number and email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or 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 intellectual property or copyright owner.
When removing material from the site, Aroma2Go will make reasonable attempts to inform the Member of the removal, the reason for the removal, and may provide the Member with a copy of the notice and the notifying party’s contact information
B.Removal of Allegedly Infringing Material
Once Proper Bona Fide Infringement Notification is received by the Designated Agent, Aroma2Go may remove or disable access to the material infringing upon the intellectual property. If Aroma2Gos removes or disables access to content in response to an infringement notice, Aroma2Go will make reasonable attempts to notify the Member that Aroma2Go has removed or disabled access to the material. Repeat offenders will have all material removed from the system and Aroma2Go will terminate such Members’ access to the service.
C.Procedure to Supply a Copyright Counter-Notice to the Designated Agent:
If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Aroma2Go.
If a Member believes that his/her material that was removed or to which access was disabled is not infringing upon a copyright, you may send a counter-notice, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below.
- Your signature (signatures may be provided electronically by typing your name and should include /s/ before your name);
- 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, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Member’s address is located, or if your address is located outside the United States, for any judicial district in which Aroma2Go is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If a counter-notice is received by the Designated Agent, Aroma2Go may send a copy of the counter-notice to the original complaining party informing that person that Aroma2Go may replace the removed material or cease disabling it in 10 business days. Unless the copyright or intellectual property owner files an action seeking a court order against the Member, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at Aroma2Go’s discretion.
Please contact Aroma2Go’s Designated Agent to submit Notifications of Claimed Infringement and Copyright Counter-Notices by email email@example.com, or to the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Attn: Intellectual Property Management Division.
1233 Wiley Rd.
Savannah, NY 13146