Intellectual Property Policy

Overview

Tradeber is an e-commerce platform where businesses and manufacturers (“merchants”) can sell their goods directly to consumers. As a passive platform, Tradeber is not actively involved in the listing, sale or delivery of items offered by its merchants.
As part of its core mission and the services it provides to its users, Tradeber has a zero-tolerance policy against the listing or sale of products that violate a third-party’s copyright, trademark, or other rights. In connection with this policy, Tradeber is committed to providing ways for third parties to notify Tradeber of instances of alleged violations of their intellectual property rights. Tradeber also reserves its rights to block access or remove materials that it believes in good faith to be in violation of third-party rights, and further to remove or discontinue service to merchants who repeatedly violate those rights.
Below is some information regarding intellectual property, how authorized parties may submit notices to Tradeber with allegations of intellectual property violations, and information on how Tradeber merchants can respond when their listings or accounts are affected by such allegations. Please note that any report made to Tradeber must be made with a good faith belief, sworn under penalty of perjury, that the material identified violates valid and subsisting intellectual property rights.

Copyright Policy

Overview

A copyright protects original works of authorship that are “fixed” in some permanent or semi-permanent medium. It can cover everything from literary works to artistic works, music to movies, architectural designs to computer software. The duration of copyrights depends on several factors, including when the original work was created, where, and by whom. The owner of a copyright can prevent third parties from copying, displaying, distributing, creating derivative works from, and publicly performing the protected works without authorization from the copyright owner.
Using a third party’s copyrights without proper authorization is a direct violation of Tradeber’s Merchant Policies, Merchant Terms of Service, and various other Tradeber policies. Accordingly, if Tradeber were to learn of such unauthorized use, Tradeber reserves its right to remove such listing in its own discretion and without notice to the merchant.
In addition to the above, if you are a rights owner with valid copyright rights or are authorized by the copyright owner to act on its behalf, you may report the allegedly infringing listings, as outlined by the Digital Millennium Copyright Act (“DMCA”), via email or certified mail. In accordance with the DMCA, Tradeber reserves the right to (1) block access to or remove material that Tradeber believes in good faith to be copyrighted material that has been used without permission, and (2) remove and discontinue service to repeat offenders.

Details on the DMCA Notice Process

Please send a notice of claimed copyright infringement by providing the following information to Tradeber Inc., Attn: Legal Department, Re: DMCA Notice, 2855 North Berkeley Lake Rd, Duluth, GA, 30096, [email protected]
Any such notice of claimed infringement must include the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;/li>
  • Identification of works or materials being infringed;
  • Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Tradeber is capable of finding and verifying its existence;
  • Contact information about the notifier including address, telephone number and, if available, email address;
  • A statement that the notifier has a good faith belief that the material identified in this form is not authorized by the 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 copyright owner.
Upon receipt of a proper notice of copyright infringement, Tradeber reserves the right to:
  • remove or disable access to the infringing material;
  • notify the content provider who is accused of infringement that Tradeber has removed or disabled access to the applicable material; and
  • terminate such content provider’s access to the Services if it is a repeat offender (see Repeat Infringer Policy) or as otherwise stated in Tradeber’s policies.

Details on the DMCA Counter-Notice Process

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, may send us a counter-notice containing the following information to Tradeber Inc., Attn: Legal Department, Re: DMCA Counter-Notice, 2855 North Berkeley Lake Rd, Duluth, GA, 30096 [email protected]
Any such counter-notice to a claim of infringement must include the following information:
  • A physical or electronic signature of the content provider;
  • 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 content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Tradeber is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Tradeber, Tradeber will send a copy of the counter-notice to the original complaining party informing that person that Tradeber may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material will be replaced or access to it restored in as early as 10 but not more than 14 business days of Tradeber’s receipt of the counter-notice.

Report an Intellectual Property (“IP”) Violation

If you believe your copyrights are being violated as outlined in the policies identified above, please provide the requested information to Tradeber Inc., Attn: Legal Department, Re: IP Violation, 2855 North Berkeley Lake Rd, Duluth, GA, 30096, [email protected]

Trademark Policy

A trademark is any word, symbol, phrase, design, or other indicia that serves to identify and distinguish the source of the goods or service of one party from those of another party. Some examples of trademarks are brand names, logos, and slogans. Trademarks generally are meant to protect consumers from being confused as to the source of a good or service, though they can sometimes also protect the value of companies’ own brands in the marketplace. Trademarks may be registered with each jurisdiction’s regional trademark office.
Using a third party’s trademarks without proper authorization is a direct violation of Tradeber’s Merchant Policies, Merchant Terms of Service, and various other Tradeber policies. Accordingly, if Tradeber were to learn of such unauthorized use, Tradeber reserves its right to remove such listing in its own discretion and without notice to the merchant.
Similarly, if you are a rights holder with a registered trademark, or are authorized by the trademark owner to act on its behalf, you may report the allegedly infringing listings via email or certified mail. Upon receipt of your report, Tradeber will promptly investigate the listing and remove it when appropriate.
If you believe your trademark rights are being violated as outlined in the policies identified above, please provide the requested information to Tradeber Inc., Attn: Legal Department, Re: Trademark Violation, 2855 North Berkeley Lake Rd, Duluth, GA, 30096, [email protected]

Counterfeit Policy

Counterfeit products generally are fake or unauthorized copies of real products, which often are of lesser quality than authentic goods. They often contain identical or near-identical copies of a company’s brand, logo, or other identifying features, and therefore can often violate a rights-holder’s various intellectual property rights.
Listing for sale counterfeit products is a direct violation of Tradeber’s Merchant Policies, Merchant Terms of Service, and various other Tradeber policies. Accordingly, if Tradeber were to learn of such unauthorized use, Tradeber reserves its right to remove such listing in its own discretion and without notice to the merchant.
Similarly, if you are a rights holder that detects potential counterfeit items, or are authorized by the rights owner to act on its behalf, you may report the allegedly counterfeit listings via email or certified mail. Upon receipt of your report, Tradeber will promptly investigate the listing and remove it when appropriate.
If you believe your rights are being violated as outlined in the policies identified above, please provide the requested information to Tradeber Inc., Attn: Legal Department, Re: Counterfeit, 2855 North Berkeley Lake Rd, Duluth, GA, 30096, [email protected]

Patent Policy

A patent is a form of intellectual property right that protects an invention against unauthorized reproduction, use, copying, or sale. Patents may cover manufactured items, machines, designs, and various other items or processes. Patents may be registered with each jurisdiction’s regional patent office.
Offering a product for sale that is found to infringe upon a third party’s patents or community design is a direct violation of Tradeber’s Merchant Policies, Merchant Terms of Service, and various other Tradeber policies. Accordingly, if Tradeber were to learn of such unauthorized use, Tradeber reserves its right to remove such listing in its own discretion and without notice to the merchant. Similarly, if you are a rights holder that detects potential violations of your patent or community design rights, or are authorized by the rights owner to act on its behalf, you may report the allegedly infringing listings via email or certified mail. Upon receipt of your report, Tradeber will promptly investigate the listing and remove it when appropriate.
If you believe your patent rights are being violated as outlined in the policies identified above, please provide the requested information to Tradeber Inc., Attn: Legal Department, Re: Patent Violation, 2855 North Berkeley Lake Rd, Duluth, GA, 30096, [email protected]

Right of Publicity Policy

The right of publicity is the right of a person to control how his or her name, image, likeness, or other identifiable feature (each a “publicity right”) is used in a commercial setting. In some locations, these rights expire upon the death of the individual, but in others, these may continue for some time post mortem. The laws regarding these rights are specific to the locations in which the person lived, died and/or had some other connection.
Using a third party’s publicity rights without proper authorization is a direct violation of Tradeber’s Merchant Policies, Merchant Terms of Service, and various other Tradeber policies. Accordingly, if Tradeber were to learn of such unauthorized use, Tradeber reserves its right to remove such listing in its own discretion and without notice to the merchant.
Similarly, if you are a rights holder that detects potential violations of your publicity rights or are authorized by the rights owner to act on its behalf, you may report the allegedly violative listings via email or certified mail. Upon receipt of your report, Tradeber’s Brand Protection Team will promptly investigate the listing and remove it when appropriate.
If you believe your publicity rights are being violated as outlined in the policies identified above, please provide the requested information to Tradeber Inc., Attn: Legal Department, Re: Publicity Right Violation, 2855 North Berkeley Lake Rd, Duluth, GA, 30096, [email protected]

Repeat Infringer Policy

Tradeber takes measures to identify and take action against merchants who are alleged to repeatedly infringe on the intellectual property rights of others. Repeat infringers are subject to the following actions by Tradeber, among others:
  • Certain accesses and account privileges may be revoked or limited
  • Monetary fines may be issued
  • Access to content generated by the repeat infringer may be removed temporarily or permanently from the Services
  • Merchant accounts may be temporarily or permanently suspended