BuyGoods Inc DMCA Policy

Last Updated: August 2024

Digital Millennium Copyright Act ("DMCA") and Trademark Policy.

Introduction

BuyGoods does not host third-party content involving products and promotions (“Client Material”) or links to Client Material on its BuyGoods Website at https://www.buygoods.com/ and does not have the authority or the ability to control Client Material that is hosted on third-party websites owned and controlled by sellers and distributed by affiliates. As a result, BuyGoods can only disable linked access to payment webpages hosted by BuyGoods and cannot remove Client Material that is hosted on third-party websites. If you wish to take down the Client Material itself, you must contact the owner of the relevant website or the web host for that website. For more information regarding concerns relating to Client Material, please refer to the Creative Anti-Theft Policy.

BuyGoods respects the intellectual property rights of others and prohibits its Clients from engaging in any form of infringement. Although BuyGoods does not host eligible content itself, it is BuyGoods’ policy to comply with the procedures of the Digital Millennium Copyright Act of 1998 (“DMCA”) to address infringement by Client Material that links to BuyGoods’ payment services. Accordingly, if Client Material at a different online location that links to BuyGoods’ payment services (“Linked Content”) violates a valid copyright, BuyGoods may disable linked access to payment webpages hosted by BuyGoods upon receipt of a valid, complete complaint following DMCA procedures (a written notification called a “Takedown Notice”).

Submitting a Takedown Notice

If you believe that a valid copyright in which you have ownership rights is being infringed, BuyGoods is authorized to disable linked access to payment webpages hosted by BuyGoods only if you provide a Takedown Notice to BuyGoods’ designated Copyright Agent which includes all of the following:

  1. The words “TAKEDOWN NOTICE” at the top of your communication;

  2. Detailed identification of the specific copyrighted work(s) or other intellectual property you claim has/have been infringed;

  3. Identification of the specific Linked Content that you believe infringes upon your rights and sufficient information to enable BuyGoods to locate the specific Linked Content. BuyGoods does not have the authority or the ability to remove Client Material on third-party websites such as product seller websites and social media platforms and can only disable linked access from these locations to payment webpages hosted by BuyGoods.

  4. The following statements or equivalent:

    “I swear, under penalty of perjury, that

    (i) the information contained in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

    (ii) I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”

  5. Your company name (if any), your legal name (printed), your mailing address, and your phone number, and, if available, an electronic email address; and

  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the right that is allegedly violated or infringed, and the present date.

To file a DMCA complaint with BuyGoods, send a Takedown Notice that meets all of the above requirements to the physical address or email address below:

BuyGoods Inc.
201 N Orange, Suite #7223, Wilmington, Delaware 19801

Upon BuyGoods’ receipt of a valid, complete Takedown Notice, BuyGoods shall (i) disable linked access to its payment webpage associated with the Linked Content identified in the Takedown Notice, and (ii) take reasonable steps to contact the owner of the Linked Content.

Note: The submission of a false or materially misleading Takedown Notice may constitute perjury and other offenses and may subject you to potential liabilities. Prior to filing a Takedown Notice, you may wish to first consult with a qualified attorney.

Submitting a Counter-Notice

If you are a BuyGoods Client and BuyGoods disables linked access to a payment webpage associated with your Client Material as a result of a Takedown Notice, you may request BuyGoods to restore such access by providing a counter-notification (“Counter-Notice”) to the BuyGoods Agent containing all of the following:

  1. Identification of the Linked Content and the location at which Linked Content appears;

  2. A statement that you have a good faith belief that the linked access was removed or disabled as a result of mistake or a misidentification of the Linked Content;

  3. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in [Insert Appropriate Jurisdiction], and a statement that you will accept service of process from the third party who provided the Takedown Notice.

  4. Your physical or electronic signature;

Upon receipt of your Counter-Notice, BuyGoods shall send a copy of your Counter-Notice to the original complaining party and inform such party that BuyGoods shall restore the linked access to its payment webpage associated with your Linked Content within no fewer than 10 but no more than 14 days unless BuyGoods receives official notice from the complaining party that it has filed an action seeking a court order to restrain BuyGoods from restoring access. BuyGoods retains the sole discretion whether to restore linked access to the payment webpage.

Client Repeat Offender Policy

If a BuyGoods Client is the subject of two or more valid and complete Takedown Notices that the Client does not satisfactorily rebut with valid Counter-Notices, in addition to any other available rights and remedies, BuyGoods reserves the right to terminate the Client’s account(s), without penalty or liability to BuyGoods. In addition, BuyGoods may exercise all other rights and remedies available to it.

BuyGoods Reservation of Rights

Nothing contained herein shall restrict BuyGoods’ ability or right to disable linked access to a payment webpage associated with Client Material which BuyGoods independently discovers and which, in BuyGoods’ sole discretion, violates or infringes any right of any third party, including, without limitation, to patent, trademark, and copyright (an “IP Right”).

Details of the DMCA are available at the US Copyright Office Website: www.copyright.gov

Trademark Policy

As a BuyGoods client (“You” or “Your”), in the event BuyGoods receives a written demand, such as a “Cease and Desist” letter (“Demand”) alleging that Your Linked Content infringes upon, dilutes, tarnishes or otherwise violates a third party’s trademark rights, BuyGoods may in its sole discretion, take reasonable steps to contact You, and to disable linked access to payment webpages hosted by BuyGoods from Your accused Linked Content. BuyGoods may restore the linked access to its payment webpage if:

  1. It receives written confirmation from the party sending such Demand that the Demand is withdrawn or has been resolved, or

  2. You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by BuyGoods in its sole discretion and which BuyGoods may reject for any reason without penalty or liability to You. In order for BuyGoods to accept such rebuttal, You expressly acknowledge and agree that such rebuttal shall include:

    • The information set forth in the DMCA Policy for a valid Counter-Notice, except such information shall relate to the trademark at issue and not disputed copyrighted material; and

    • An express statement confirming Your irrevocable and binding obligation to indemnify, defend, and hold harmless BuyGoods from any damages, costs, or expenses that You or BuyGoods may incur, in any manner whatsoever, arising out of or in connection with Your accused Linked Content and/or BuyGoods’ restoration thereof.

Client Terms

As a condition of registration with BuyGoods, You acknowledge and agree that:

  1. BuyGoods is not under any obligation to restore linked access to its payment webpage even if You provide a rebuttal and that the determination of sufficiency of any evidence provided in a rebuttal shall be at BuyGoods’ sole discretion;

  2. You expressly waive and disclaim any claim or potential claim against BuyGoods related to or arising out of BuyGoods’ disabling linked access to its payment webpage from any Linked Content in response to a Demand, including without limitation any claim for lost revenue, lost profits, and/or expenses; and,

  3. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of IP Right, including any rights in patents or trademarks, service marks, and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon BuyGoods any of the obligations imposed under the DMCA with regard to response times or the like.

  4. This DMCA and Trademark Policy is part of, and incorporated within, the BuyGoods Client Contract [HYPER-LINK]. As a condition of registering with BuyGoods and using the BuyGoods Services, You expressly acknowledge that You have read and understood this DMCA and

Trademark Policy and You agreed to be bound by the terms and conditions contained within. If at any time You disagree with this DMCA and Trademark Policy or any part of it, Your sole remedy is to cease all use of the BuyGoods Services and terminate Your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of the DMCA Policy and Trademark Policy.