IP and Copyright Policy Statement last updated: December 27, 2019
Stylecosmic Inc. is not a producer of any material or product available for sale on stylecosmic.ca directly on its website and its associated blog(s) or through any of its affiliates website(s)/ portal(s) and/or blogs and does not warrant the authenticity of a design or a useful article and any other product available for sale on Stylecosmic.ca. Stylecosmic Inc. also does not involve or take part in the production of any saleable material or product, therefore, does not take any responsibility of any item produced and or sold through Stylecosmic Inc.’s network including stylecosmic.ca, it’s associated blogs and its affiliates website(s), portal(s), shopping cart(s), and/or blogs. All products/ items sold through stylecosmic.ca must comply the terms of this policy and all sellers must adhere to the guidelines set out in the following and Users' Agreement, and Buyers Protection Policy posted on Stylecosmic.ca website. You (stylecosmic.ca users) must visit these policies pages from time-to-time to ensure that you always stay in good conduct. It is ultimate responsibility of Sellers to adhere to local and international laws, IP and Copyright laws when dealing through Stylecosmic.ca or its affiliates network. Therefore, the scope of Stylecosmic Inc. is limited till providing shopping cart services only through its e-commerce portal namely stylecosmic.ca, its associated blogs, and through network of affiliates.
Stylecosmic Inc. and Stylecosmic.ca ("Stylecosmic") has adopted the following general policy toward copyright and intellectual property infringement in accordance with general intellectual property laws and more specifically to the Canada’s Notice and Notice Regime. Stylecosmic will respond to notices of this form from jurisdictions other than Canada as well.
The address of Stylecosmic’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
Stylecosmic may act expeditiously to respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Stylecosmic removes or disables access in response to such a notice, Stylecosmic will make a good-faith attempt to contact the allegedly infringing party ("Seller Member") so that they may make a counter notification.
PLEASE NOTE: IF YOU MATERIALLY MISREPRESENT THAT A PRODUCT OR ACTIVITY IS INFRINGING YOUR INTELLECTUAL PROPERTY, YOU MAY BE LIABLE FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). THEREFORE, IF YOU ARE NOT SURE WHETHER THE MATERIAL INFRINGES UPON YOUR INTELLECTUAL PROPERTY, PLEASE CONTACT AN ATTORNEY BEFORE CONTACTING STYLECOSMIC INC.
Procedure for Reporting Copyright or Intellectual Property
Infringements: If you are sure of a saleable item residing on or accessible through the Stylecosmic.ca or service infringes a copyright or other intellectual property right, to provide Stylecosmic of notice of such infringement, you may send a notice of infringement to the Designated Agent listed below (preferably via email to firstname.lastname@example.org by mentioning “Product Copyright Infringement Issue” in the subject line of your email”).
Alternatively, you can provide a written notice via mail at the following address:
Attn: Legal Department
27 Skelton Blvd, Brampton, ON L6V 2P7
Please specify the type of infringement at issue and the notice must include the following information:
- A 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 (signatures may be provided electronically by typing your name);
- 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 on Stylecosmic.ca that is claimed to be infringing upon the intellectual property. Include information regarding the location (a full URL address to product page) of the infringing material with sufficient detail so that Stylecosmic is capable of finding and verifying its existence (for multiple listings, please provide the links or full URL to each listing you allege is infringing, and please don’t use any URL shorten tools);
- Full legal name, telephone number, email address, postal address including complete contact information of both the notifier and intellectual property owner, along with title and relationship proof of the person contacting Stylecosmic Inc;
- A statement that the notifier has a good faith and 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.
When removing material from the site, Stylecosmic will make reasonable attempts to inform the Seller Member of the removal, the reason for the removal, and may provide the Seller Member with a copy of the notice and the notifying party’s contact information.
Removal of Allegedly Infringing Material
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, Stylecosmic may remove or disable access to the material infringing upon the intellectual property. If Stylecosmic removes or disables access to content in response to an infringement notice, Stylecosmic will make reasonable attempts to notify the Seller Member that Stylecosmic has removed or disabled access to the material. Repeat offenders will have all material removed from the Stylecosmic network including stylecosmic.ca, affiliates sites, blogs, advertising campaigns, etc and Stylecomic may permanently suspend the offender on repeated infringes from our site.
3. Procedure to Supply a Copyright Counter-Notice to the Designated Agent
IF YOU MATERIALLY MISREPRESENT THAT A PRODUCT OR ACTIVITY IS NOT 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 STYLECOSMIC.
If a Seller Member believes that their material that was removed or to which access was disabled is not infringing upon a copyright, please do not re-list or reactivate the material yourself as repetitive copyright infringe may cause your account suspended permanently and might cease your account balance. You have two courses of action. You may contact the Brand Protection Agent to request permission to sell your item or you may send a counter-notice, pursuant to Canada’s Notice and Notice Regime to the Brand Agent. The counter-notice must contain the following information to the Brand Protection Agent.
- Your signature (signatures may be provided electronically by typing your name);
- 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 you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal and/or Provincial Court for the judicial district in which the Member’s address is located, or if your address is located outside Canada, for any judicial district in which Stylecosmic Inc is located, and that you will accept service of process from the person who provided notification or an agent of such person.
If a request or counter-notice from the Seller Member is received by the Brand Protection Agent, and an agreement is reached, the Brand Protection Agent may then contact Stylecosmic Inc to state the specifics of the agreement and provide permission for the item to be relisted by the Seller Member.
If you have any question regarding our Copyright policy or need further information on how handle copyright claims please contact us by sending an email to email@example.com.
Or by postal mail: 27 Skelton Blvd, Brampton, Ontario, L6V 2P7, ON, Canada.