IPR Infringement Policy - ShopUp

 

Shopfront Ltd. (“Shopfront”) is an intermediary, and operates various products, services and platforms that enable third party transactions. Accordingly, Shopfront does not verify and is not liable for any content posted by such third party users of its services (the Shopfront Services, as defined below).  

 

Shopfront has formulated this IPR Infringement Policy (the “Policy”), which governs all products and services of Shopfront (“Shopfront Services”), and seeks to prevent and redress any infringement of the intellectual property rights of any party by or through the Shopfront Services. 

 

Accordingly, if you feel that your intellectual property rights (“IPR”) are being infringed by any party through the Shopfront Services, we call upon you to notify us by submitting an “Infringement Notice”, in the form specified below, to Shopfront at the following email address: <<hello@shopup.org>>. 

 

An Infringement Notice must be a duly signed and stamped document containing the following information:

1. The name of the legal entity / person whose IPR is infringed (“IPR Owner”), and the person authorised to represent them;
2. The contact details of the IPR Owner;
3. The specific content, listings, or other information that is violating the rights of the IPR Owner;
4. A description of your intellectual property right(s) that you claim has/have been infringed; 
5. A copy of trademark certificate / copyright registration certificate / patent registration certificate, must be attached; 
6. A detailed description of the manner in which the rights of the IPR Owner have been infringed;
7. The following assertions :

1. “I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law”
2. “I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above.”

1. Where the Infringement Notice is executed and submitted by an authorised representative of the IPR Owner, a duly attested and legally valid document from the IPR Owner attesting to such authorisation must be attached.

 

By submitting an Infringement Notice, you grant to Shopfront the right to take action, use, reproduce, modify, adapt, publish, translate, and display the content of the Infringement Notice, to any person including the party accused of such infringement. You agree to indemnify Shopfront for all claims brought by a third party against Shopfront arising out of or in connection with your Infringement Notice and any reasonable action that Shopfront may take upon the basis of your Infringement Notice.

 

Upon receipt of an Infringement Notice, we shall take due and necessary action as required under applicable law, which may include the following:

1. notifying the infringing users about the fact of receipt of an Infringement Notice pertaining to their usage of the Shopfront Services, including disclosing the content of such Infringement Notice; and
2. removal of the infringing content without any admission as to liability and without prejudice to any rights, remedies or defences of Shopfront, all of which are expressly reserved.