Guidelines for complaints about copyright or trade mark infringement: As a platform that promotes handmade and locally made earrings, we want to ensure that sellers feel confident in showcasing their business on our site. We will not police your intellectual property rights or launch legal proceedings on your behalf. That is your responsibility. We are not able to become involved in, or give advice relating to, the infringement or possible infringement of intellectual property rights. It is our policy to respond to complaints about copyright or trade mark infringement in the following way. • Credible complaint received • Request offending product be removed from our website within 48 hours, or if shared via our Instagram page we will remove it from our page • If product image is not removed, we may remove it • Owner of removed product may submit a counterclaim • If a counterclaim is submitted and the original complainant takes no further action, the image may be reinstated on our website and Instagram page after 10 working days and we will take no further part in any dispute regarding that product • If we receive more than 3 complaints about a business in any 12 month period, we may remove that business from our website
We will consider complaints whether they are received from other businesses on our website, or from someone who does not list their business on our website. The complaint must, however, come from the person whose product is claiming copyright infringement. We do not accept complaints from parties unrelated to either product.
IMPORTANT: Keep in mind that we are not lawyers and do not make any judgment about your legal rights. We will also only look at activity that occurs on our website and our Instagram pages and will not consider anything happening outside our website or other Instagram or social media pages. Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that a product or activity is infringing your rights. If you are not sure about your legal rights, we recommend that you contact a lawyer before you make a complaint to us. We don’t make any judgment about whether or not a product infringes upon the rights of any other person. We request that a product be removed if we receive a complaint that meets the criteria we have set out below.
Making a complaint If you wish to make a complaint about another business's product, please email us email@example.com with the subject ‘Complaint – copyright/ trade mark’. You will need to send us the following information: • Your full name and best contact details ‐ We will need to verify your complaint. If we cannot contact you, we cannot consider your complaint. • Your username on our site or trading name • Your product (by website link or other format) and what rights you believe you have with regard to that product – Copyright, Trade Mark or other. We may ask you to substantiate those rights by, for example, providing a trade mark registration number. • A website link or links for the product being complained about. When you write to us, we ask you to confirm and include the following statements:
I make this complaint with in good faith with the belief that use of the product described in this complaint as allegedly infringing my rights is not authorised by the copyright/ trade mark owner, its agent, or the law. I understand the penalties for perjury (making false statements) and swear that the information in this complaint is accurate and that I am the rights owner or authorised to act on behalf of the owner of an exclusive right that is alleged to have been infringed. I hereby indemnify and hold harmless earringlover.com against any claim or demand made against earringlover.com as a result of any act or omission made by them as a result of this complaint. My full name stated in this email is to be treated as my electronic signature and have the same binding effect as if I had signed a written document in person.
Once we receive a complaint that meets the above criteria, we will contact the person who has posted the product complained about. Complaints that we act upon will be kept on file and may be made available to the public or sent to third parties who may make it available to the public. Your complaint is not private or confidential.
How we manage a complaint about copyright or trade mark breach Complaints may be received from other businesses on our website, or from someone who does not list on our website. When we receive a complaint that includes all the details we have requested above, the first thing we will do is contact you for your response. Our notice to you will be something like this:
We have received a complaint about your product [include link]. Please note that earringlover.com has not tried to determine whether the product complained about does indeed infringe upon the Claimant's intellectual property rights (we are not lawyers). We are contacting you on the basis that the complaint was made in good faith and appears legitimate. Within a forty‐eight (48) hour period we will need you to remove or disable access to your product via our website, or we will disable access (or we have removed this product from our Instagram page). A copy of the substance of original complaint is set out below. [Complaint received] If you believe that there is an error in the complaint, you may respond with a counterclaim. If you do not remove the product image from our site within 48 hours, we will.
Making a counterclaim • Your full name and best contact details ‐ We will need to verify your counterclaim. If we cannot contact you, we cannot consider your counterclaim. • Your username and trading name • Your product (by website link or other format) and what rights you believe you have with regard to that product – Copyright, Trade Mark or other. We may ask you to substantiate those rights by, for example, providing a trade mark registration number. When you send us your counterclaim, we ask you to confirm and include the following statements:
I believe in good faith and understanding the penalties for perjury (making false statements) that the complaint was made, or my product was removed or disabled, as a result of mistake or misidentification of the product to be removed or disabled. I agree to accept service of legal process filed in an Australian Federal Court from the person who made the original complaint, or their agent. My street address for service is … I hereby indemnify and hold harmless earringlover.com against any claim or demand made against earringlover.com as a result of any act or omission made by them as a result of this counterclaim. My full name stated in this email is to be treated as my electronic signature and have the same binding effect as if I had signed a written document in person.
If we receive a counterclaim that fulfills the above criteria, we will refer that to the original complainant for their attention and your product must remain off our website for a period of 10 working days. The Complainant can notify us whether or not they have commenced legal action in that time. If we do not hear from the Complainant again, your product can then be restored to our website or Instagram page.
What to do if you are not satisfied with our actions We will not police your intellectual property rights or launch legal proceedings on your behalf. That is your responsibility. You must seek independent legal advice. We will act consistently with this policy. You agree to indemnify earringlover.com against any claim or demand made against us as a result of any act or omission made by use as a result of removing the product complained about from our website, or restoring it to our website.