(Updated on July 7, 2020)
Falcon Eye (“Myfalconeye.com”) respects the intellectual property rights of others and we expect our users to honor the same. Myfalconeye.com takes a serious stance in dealing with intellectual property infringement claims on our websites at www.myfalconeye.com. 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 Myfalconeye.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
Myfalconeye.com 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 Myfalconeye.com 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 Myfalconeye.com does not adjudge conflicting intellectual property infringement claims. Any action taken by Myfalconeye.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 Myfalconeye.com and the Site.
5. IP Protection Platform (“IPP Platform”), the online report system
Intellectual property right holders shall file intellectual property infringement claims via the IPP Platform www.myfalconeye.com for centralized processing.
The IPP Platform provides an efficient and transparent channel for intellectual property right holders to file intellectual property infringement claims and request takedown of allegedly infringing listings from the Site.
Three types of materials must be submitted to the IPP Platform to facilitate processing of intellectual property infringement claims, namely:
1. Proof of identity of the complaining party and relevant authorization if the complaining party is not the intellectual property right holder;
2. Proof of intellectual property ownership;
3. Exact clickable hyperlinks to the relevant allegedly infringing listings on the Site
Myfalconeye.com will evaluate intellectual property infringement claims filed via the IPP Platform promptly. Members subject to intellectual property infringement claims will be notified of the claims and the contact information of the intellectual property right holders will be provided to the members to facilitate direct conflict resolution and claim handling.
Members subject to intellectual property infringement claims may submit counter-notifications to dispute the corresponding claims. Intellectual property right holders will be notified if and when any counter-notifications are filed and may accept or reject such counter-notifications. Myfalconeye.com reserves the rights to reinstate any listing subject to intellectual property infringement claims at our discretion.
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