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XMLshop Intelectual Property Policy

XMLshop complies according to the Digital Millennium Copyright Act ("DMCA"). If any product, description, advertisement, or similar property (collectively, "Client Material ") violates the enforced copyright; XMLshop will delete, cease usage, or block access to the Client Material in question after receiving an official report (A written "Takedown Notice" or "Notice of Violation ").

Submitting a Takedown Notice

  1. Include the words "DCMA complaint - takedown notice" in the header.
  2. Describe in detail which particular Client Materials violate your rights and how. If possible, provide the exact address of the violation in question. Please remember, DCMA allows us to delete concrete materials which are part of your intellectual property; we cannot freely delete all materials, however. Try to be as precise as possible.
  3. If needed, provide access to the original work which serves as your intellectual property and has been, in your opinion, illegally used within the Client Material in question.
  4. Include the following text (verbatim or an 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."


    Remember! The above text is officially enforced! If you are found to intentionally mislead and/or lie, the owner of the Client Material in question has the right to demand reparation for slander. Carefully consider the decree: besides the potential monetary loss, you may be persecuted for treason under federal law. If you are unsure of the truthfulness of your accusations, we strongly recommend for you to see a lawyer prior to taking any action.
  5. Include your government name or the name of your company. Also include your address, phone number, and if possible - email.
  6. Companies: you must include the signature of an authorized face or representative of your company. Individual persons must provide their signature or that of their official representative.
  7. Official regulations require us to accept written notices of violation sent through certified mail. However, understanding that time is an issue we gladly accept faxes, email, instant messages and even phone calls. Still, after receiving the notice through any of the above means, we expect a written copy within a reasonable timeframe.
  8. Our mailing address may be found in the section "Contact Us". Indicate on envelope "att: Copyright Agent".
Upon receiving a correctly filled-out notice of violation, XML shop will do the following:
  1. Delete or block access to the Client Material in question.
  2. Take the required steps to notify the Client Material's owner of your notice.

XMLshop tries to provide all owners of intellectual property with equal opportunities. This is why we take notices in different languages and not always filled out according to form. We do not guarantee taking any action; but we will try to assist filling out the form according to the correct procedure because we greatly value the institution of intellectual property.

Submitting a Counter-Notice:

If your materials have been deleted or blocked upon receiving a Takedown Notice, you may request XMLshop to un-block access by sending a Counter-Notice, bearing the following requirements:
  1. A detailed description of the Client Materials, and if possible, their exact location prior to deletion.
  2. A statement saying that you believe that the particular Client Material was deleted by mistake and that the provided claims against you are fraudulent.
  3. Your name (or the name of your company), address, phone number, and if possible email, along with a statement saying that you are ready to fully recognize the jurisdiction of the federal court in the state of New Jersey relating to this question.
  4. A statement saying that you agree to directly come in contact with the party responsible for the Takedown Notice and regulate the question in a reasonable manner.
  5. Companies: you must include the signature of an authorized face or representative of your company. Individual persons must provide their signature or that of their official representative.
Upon receiving a correctly filled-out counter-notice, XML shop will do the following:
  1. Send a copy of the counter-notice to the party responsible for the original takedown notice, including the date of reception.
  2. Send a notice to the party responsible for the original takedown notice stating that the access to the blocked Client Material will be restored within the next 10-15 work days, unless provided with a court document stating otherwise.

General:

Besides the previously-explained procedures, XMLshop may take action relating to the intellectual property based upon personal initiative. For example, if we notice an obvious violation such as distribution of unauthorized copies of a film before its official release date, we will not wait for a Takedown Notice from the rightful owner but take the material down ourselves.
In the account of intentional and severe breach of regulations owner of the account may be banned from XMLshop even before receiving a notice of violation.

Trademarks:

In the case of XMLshop receiving a complaint that one or more of its products violates someone's rights, the steps described in the previous section will be applied.
For example: if a shirt put up for sale is described as having no brand and has no visible trademarks, yet XMLshop learns that it has a company logo on its inseam and said company has no idea of its existence - XMLshop will remove the shirt from sale.

XMLshop is recognized within several different jurisdictions with several sets of regulations and takes all possible measures to comply with the rule-sets relating to intellectual property.

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