1. Introduction
TheMall ("the Site") operates an online classified ads platform where users can post advertisements in a variety of categories. We respect the intellectual property rights of all individuals and organizations, and we are committed to complying with the Digital Millennium Copyright Act (DMCA) and applicable trademark laws.
This page outlines the procedures for reporting claims of copyright and trademark infringement on the Site.
This policy applies to all users of the Site, and provides instructions for copyright holders and trademark owners to notify us if they believe their works or marks have been infringed upon by content posted on the Site. Upon receiving a valid complaint, we will act promptly to investigate and address the issue as required by law.
2. What Constitutes Copyright Infringement?
Copyright infringement occurs when copyrighted works (including but not limited to text, images, video, audio, software, and other creative content) are reproduced, distributed, publicly displayed, or performed without the permission of the copyright owner or without a proper license.
In the context of a classified ads website, this could include, but is not limited to:
• Unauthorized use of copyrighted images, logos, or artwork in advertisements.
• Copying text from copyrighted works (e.g., articles, product descriptions, reviews) for use in ads.
• Reposting videos, audio, or other content without the necessary permissions.
3. What Constitutes Trademark Infringement?
Trademark infringement occurs when a party uses a trademark that is identical or confusingly similar to a registered trademark in a way that is likely to cause confusion, mistake, or deception among consumers regarding the origin of goods or services.
In the context of classified ads, trademark infringement could include:
• Using a logo or brand name that is identical or confusingly similar to a registered trademark in an advertisement.
• Misleading consumers by posting advertisements that appear to be endorsed by a trademark holder when they are not.
• Selling counterfeit goods or services that infringe upon the trademark rights of others.
4. Reporting Copyright and Trademark Infringement
If you are a copyright holder or trademark owner and believe that your work or mark has been infringed upon by content posted on the Site, you can submit a notice of infringement to us. To do so, please provide the following information:
A. DMCA Takedown Notice (Copyright Infringement)
To report copyright infringement, please submit a DMCA takedown notice with the following details:
• Your contact information: Provide your full legal name, address, telephone number, and email address.
• Identification of the copyrighted work: Describe the copyrighted work that has been infringed. If multiple works are infringed, provide a representative list.
• Identification of the infringing content: Provide a description of where the infringing content is located on the Site (e.g., URLs of the specific ad or page where the content appears).
• Statement of good faith belief: Include a statement that you have a good faith belief that the content is not authorized by the copyright holder, its agent, or the law.
• Statement of accuracy and authority: Include a statement that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.
• Signature: Include a physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner.
B. Trademark Infringement Notice
To report trademark infringement, please submit a notice of trademark infringement with the following information:
• Your contact information: Provide your full legal name, address, telephone number, and email address.
• Identification of the trademark(s): Describe the trademark(s) that are being infringed upon. Include registration numbers if applicable.
• Identification of the infringing content: Provide a description of where the infringing content is located on the Site (e.g., URLs of the specific ad or page where the content appears).
• Statement of good faith belief: Include a statement that you have a good faith belief that the use of your trademark is unauthorized and is likely to cause consumer confusion.
• Statement of accuracy and authority: Include a statement that the information in your notice is accurate and that you are authorized to act on behalf of the trademark owner.
• Signature: Include a physical or electronic signature of the trademark owner or the person authorized to act on behalf of the trademark owner.
C. Where to Send Your Notice
Once you have gathered the required information, please send the complete DMCA takedown or trademark infringement notice to: [email protected]
5. Counter-Notification Process (for Users)
If you are a user of the Site and your content has been removed or access to it has been disabled as a result of a DMCA takedown notice or trademark infringement claim, you may submit a counter-notification.
To submit a counter-notification, please provide the following details:
• Your contact information: Provide your full legal name, address, telephone number, and email address.
• Identification of the content that was removed or disabled: Provide a description of the content that was removed and the URL(s) where it was located before removal.
• Statement of good faith belief: Include a statement that you have a good faith belief that the content was removed or disabled due to mistake or misidentification.
• Statement of consent to jurisdiction: Include a statement consenting to the jurisdiction of the courts in the which your address is located.
• Statement of willingness to accept service of process: Include a statement that you consent to accept service of process from the copyright or trademark owner or their agent.
• Signature: Include a physical or electronic signature of the person submitting the counter-notification.
Once we receive a valid counter-notification, we will forward it to the complainant and may restore the content, unless we receive notification that the copyright or trademark owner has filed a court action to restrain the user.
6. Repeat Infringer Policy
In accordance with the DMCA and relevant trademark laws, we have adopted a policy of terminating the accounts of users who are determined to be repeat infringers. A "repeat infringer" is a user who has been notified of infringing activity more than once and has failed to take appropriate action to remove the infringing content.
Users whose accounts are terminated due to repeat infringement will no longer be permitted to access or use the Site.
7. Limitation of Liability
TheMall complies with the DMCA safe harbor provisions, meaning that we are not responsible for infringing content posted by users. We act as a neutral intermediary, and we will promptly remove or disable access to infringing content once we receive a valid takedown notice. However, we are not liable for any damages resulting from the removal of such content.
Our role is limited to responding to proper infringement notices, and we do not monitor or screen user-submitted content for infringement. We do not guarantee that any particular piece of content will be removed, as we rely on the accuracy and completeness of the notices we receive.
8. Modifications to this Policy
TheMall reserves the right to modify or update this Copyright and Trademark Infringement Policy at any time. We will post any updates on this page with an updated date.
Users are encouraged to review this page regularly for any changes.
9. Contact Information
If you have any questions about this policy or need assistance with submitting a notice of infringement, please contact us at: [email protected]
Effective Date: 1st October, 2024
