Baba2Baba 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 Baba2Baba and you in protecting your intellectual property rights:
Voluntary daily review and removal by Baba2Baba 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 Baba2Baba's service who submitted such listings.
Written notification to users submitting infringing listings that the items are prohibited on the Baba2Baba 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 Baba2Baba.com service who appear to be repeat infringers.
Baba2Baba 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 Baba2Baba 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. Baba2Baba is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, Baba2Baba is not endorsing a claim of infringement. Neither, in those instances in which Baba2Baba declines to take down a listing, is Baba2Baba determining that the listing is not infringing, nor is Baba2Baba endorsing the sale of goods in such cases.
We ask those who assert claims of infringement and ask Baba2Baba to stop others from listing trade leads on our marketplace to stand behind their claims. By submitting a report of alleged infringement to Baba2Baba and asking Baba2Baba to take down a listing, you agree to indemnify Baba2Baba against claims or damages arising from the removal of the accused listing.
Procedures for reporting an alleged infringement to Baba2Baba:
If you have a good faith belief that a listing on Baba2Baba 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 Baba2Baba. The completed Notice should specifically identify the vendor and claimed infringing product listing (i.e., product description, model number, etc.). Click here to download Baba2Baba'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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