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Ooaky's IP (Intellectual Property) Protection Policy
Ooaky's IP Protection Policy is designed to have www.ooaky.com (the "Site" or "Ooaky") clear and free of any content which may infringe on the intellectual property rights of others, and to set forth the procedure for reporting Ooaky of any such infringing materials.
Ooaky neither controls nor pre-screens listings information, images, text, files or any other user generated content posted or uploaded by users on the Site or in the course of such user's use of the Services.
Accordingly, at no point can Ooaky has any actual knowledge of any illegal information or activities or of such user generated content, placed on its systems by a user, which may be infringing on the intellectual property rights of others, including violation of copyright or trademark infringement.
In the event that any such content violates on your copyright or infringes on your intellectual property or any other exclusive right, or may be relating to any illegal activities or information, you may report this to Ooaky.
Upon Ooaky's first knowledge of any such illegal activities or information, or alleged violation on your copyright or any other intellectual property or exclusive right, Ooaky may: (i) remove, or disable access to such content; and (ii) terminate or disable the infringers accounts, and discontinue service to repeated infringers. Ooaky shall make reasonable efforts to contact the allegedly infringing party with a copy of the notice and the contact details of the person claiming the infringement, with the aim to provide such allegedly infringing party with the opportunity to respond to the notifying party.
Please be aware that if you knowingly materially misrepresent that a product, material or activity on the Site is infringing your intellectual property you may be held liable for damages (including costs and attorneys' fees).
Therefore, if for any reason you not certain whether certain product, material or activity infringes on your intellectual property right under applicable law, you may want to consider seeking the advice of a legal counsel.
Intellectual Property Infringement Notice Users or third parties who have a good faith belief that a user generated content accessible through the Site or use of the services on the Site, violates their copyright, trademark or other intellectual property rights are encouraged to report such violation to Ooaky.
For purposes of effectively handling your notification as promptly as possible, please ensure that your infringement notice ("Notice") includes the following: (i) Identification of the of the material claimed to have been infringed; (ii) Proof of your intellectual property right, such as the copyright registration number or a copy of the registration certificate; for a trademark infringement notice, your trademark registration certificate and an extract from the trademark office where your trademark was registered, showing current status and title of the registration; for a patent infringement notice, your patent registration number, or any other reasonably sufficient proof to support your Notice; (iii) Information reasonably sufficient to permit us to locate the infringing material on the Site such as the URL of the page where the allegedly infringing item is located; (iv) Your written statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner (as applicable), its agent, or the law; (v) A statement made under penalty of perjury that the information provided in the Notice is accurate and that you are the intellectual property owner or the owner of an exclusive right that is being infringed, or authorized to make the claim on behalf of the intellectual property owner or the owner of an exclusive right that is being infringed; (vi) Information reasonably sufficient to permit Ooaky to contact you (i.e. the complaining party), namely your address, telephone number and email address; AND (vii) Your electronic or physical signature.
Notices may be sent to Ooaky designated agent by contacting Ooaky support team. Removal of Allegedly Infringing Material Ooaky may promptly act to remove or disable access to the material infringing upon the intellectual property rights of others, as soon as Ooaky receives a proper Notice which includes the information set forth above.
Ooaky is a venue which allows for user generated content to be posted, and for items to be listed by users for sale and purchase, and is not in the position to make any judgment, as to whether certain material infringes on the intellectual property of others.
Therefore, upon Ooaky first knowledge of any such allegedly illegal or infringing activities or content, Ooaky may remove or disable access to any such allegedly infringing materials.
Once Ooaky at its sole discretion elects to remove or disable certain content, the user responsible for posting or uploading this content, may not re-list an item or re-post the allegedly infringing content.
By accessing and using the Site and the services you agree that under no circumstances shall Ooaky be held liable for removing any allegedly infringing materials, or terminate the account and access to the Site of repeated infringers.
Last published and updated on May 14, 2018