Protection of Intellectual Property
Apver Marketplace has adopted the following general policy toward copyright and intellectual property infringement in accordance with general U.S. intellectual property laws and the Digital Millennium Copyright Act. Apver Marketplace will respond to notices in the form described below.
Reporting Copyright or Intellectual Property Infringements
If you believe that material residing on or accessible through the Apver Marketplace website or service infringes a copyright or other intellectual property right, and to provide Apver Marketplace of notice of such infringement, you must send a written notice of the infringement to the Designated Agent listed below. Please specify the type of infringement at issue. In addition, the notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (by fax or regular mail or pdf);
- Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
- Identification of the material that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that Apver Marketplace is capable of finding and verifying its existence (please provide full web address, if applicable);
- Contact information about the notifier, including the name of the intellectual property owner, the name and title of the person contacting Apver Marketplace on the owner's behalf, the address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
If you materially misrepresent that a product or activity is infringing upon the intellectual property, you may be liable for damages (including costs and attorneys' fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Apver Marketplace.
Supplying an Infringement Counter-Notice
If you believe that the material that was removed or to which access was disabled is not infringing upon a copyright or other intellectual property right, you must send a counter-notice to the Designated Agent listed below pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please do not re-list or reactivate the material yourself. The counter-notice must contain the following information to the Designated Agent listed below:
- Your physical or electronic signature (by fax or regular mail or pdf);
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Your name, address, telephone number and, if available, email address, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which the User's address is located, or if your address is located outside the United States, for any judicial district in which Apver Marketplace is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Apver Marketplace may send a copy of the counter-notice to the original complaining party informing that person that Apver Marketplace may replace the removed material or cease disabling it in ten business days. Unless the copyright or intellectual property owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored in 10-15 business days after review of the counter-notice, at Apver Marketplace’s discretion.
Apver Marketplace’s Removal of Allegedly Infringing Material
Once a proper bona fide infringement notification is received by the Designated Agent, Apver Marketplace may remove or disable access to the material infringing upon the intellectual property. If Apver Marketplace removes or disables access to content in response to an infringement notice, Apver Marketplace will make reasonable attempts to notify the User that Apver Marketplace has removed or disabled access to the material. Repeat offenders will have all material removed from our system and Apver Marketplace will terminate such User's access to the website and all of its services.
Designated Copyright Agent
You acknowledge that your DMCA notice may not be valid if you fail to comply with all of the requirements of this notice.
Attn: Copyright Agent
270 Lafayette Street, Suite 1300
New York, NY 10012
You can also email us at [email protected].