Intellectual Property Policy
Spotisan LLC respects intellectual property rights of others and we expect our users to honor the same. Spotisan takes a serious stance in dealing with intellectual property infringement claims on our websites at www.spotisan.com (referred to as"Site"). We also rely on the cooperation of intellectual property rights owners.
2. Intellectual Property Right (“IPR”) Protection
Listings of counterfeits, replicas, or other unauthorized items are prohibited on the Site strictly.
Listings of offers to sell or purchase counterfeits, replicas or other unauthorized items shall be subject to removal by Spotisan.com.
3. Repeat violations of our IPR policy may result in a range of actions, including without limitation to:
- Removal of listings
- Posting restrictions
- Account suspension
- Termination of membership service agreement
Exact enforcement actions for intellectual property right infringement claims are stated in the following links:
Spotisan has the full discretion to take any enforcement action anytime for certain extreme/conspicuous situations, such as but not limited to where litigation has already been initiated by intellectual property rights holder.
4. Infringement Claims
All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders further agree to indemnify and hold Spotisan LLC harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.
As a neutral e-commerce platform, Spotisan.com does not adjudge conflicting intellectual property infringement claims. Any action taken by Spotisan.com shall not be construed as any endorsement of any intellectual property infringement claim. All conflicting intellectual property infringement claims shall be resolved by the relevant conflicting parties separately from Spotisan LLC and the Site.
5. Under certain extreme / conspicuous situations, Spotisan LLC reserves the right to terminate membership agreement or service agreement, membership account and any and all accounts determined to be related to such an account by spotisan.com unilaterally in its discretion and/or to implement other measures that Spotisan.com considers appropriate. “Extreme / conspicuous situations” include but not limited to:
· Where infringing acts committed by user are considered as very serious
· Where litigation has already been initiated or legal demands have been requested by intellectual property rights holder against/to Spotisan.com
· User being sued by intellectual property rights holder, or being investigated by judiciary, enforcement or administrative authorities with respect to suspected infringements
· Requests from judiciary, enforcement or administrative authorities to terminate any account or take any relevant measures.