Our Metals Ltd respects the intellectual property rights of others, and we expect our users to do the same.
We have instituted the following procedures to facilitate cooperation between Our Metals Ltd and you in protecting your intellectual property rights:
Voluntary daily review and removal by Our Metals Ltd of listings that appear to offer infringing items;
Prompt removal of such listings where an appropriate intellectual property infringement claim is filed by intellectual property rights owners against the user of Our Metals Ltd's service who submitted such listings;
Written notification to users submitting infringing listings that the items are prohibited on the Our Metals Ltd website and are thereby removed;
Written notification to users whose listings are claimed to infringe the intellectual property rights of others, and provision of an opportunity to respond to such charges;
Termination, when appropriate, of the accounts of users of the Our Metals Ltd.com service who appear to be repeat infringers.
Liability
Our Metals Ltd is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace - who post literally tens of thousands of trade leads for items on the Our Metals Ltd website each day - have the right to sell the goods offered.
We appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing.
Our Metals Ltd is also not an arbiter or judge of disputes about intellectual property rights.
By taking down a listing, as a prudential matter, Our Metals Ltd is not endorsing a claim of infringement.
Neither, in those instances in which Our Metals Ltd declines to take down a listing, is Our Metals Ltd determining that the listing is not infringing, nor is Our Metals Ltd endorsing the sale of goods in such cases.
We ask those who assert claims of infringement and ask Our Metals Ltd to stop others from listing trade leads on our marketplace to stand behind their claims. By submitting a report of alleged infringement to Our Metals Ltd and asking Our Metals Ltd to take down a listing, you agree to indemnify Our Metals Ltd against claims or damages arising from the removal of the accused listing.
Procedures for reporting an alleged infringement to Our Metals Ltd
If you have a good faith belief that a listing on Our Metals Ltd infringes your copyright, trademark, patent or other intellectual property rights, you may download our Notice of Claimed IPR Infringement (the 'Notice') form, complete it, and fax or email it to Our Metals Ltd.
The completed Notice should specifically identify the vendor and claimed infringing product listing (i.e., product description, model number, etc.). Click here to download Our Metals Ltd's Notice of Claimed Infringement Form.
Upon receipt of the Notice, we will promptly evaluate your complaint, and in cases where it appropriate, we will expeditiously take down the listing referred to in the Notice.
We will notify the vendor in writing of the removal of the claimed infringing product listing and provide the vendor with your contact information so that the vendor may contact you directly and with an opportunity to respond.
If the vendor objects to the removal of the alleged infringing product listing, the vendor may submit to us an appropriate counter-notice to dispute the claim. Upon receipt of such counter-notice, we may resume the vendor's listing unless we receive notice from you that an action has been filed against the vendor in a court of competent jurisdiction for infringement of your intellectual property rights.
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