SECTION 3.16.2: DMCA NOTICE AND TAKEDOWN PROCEDURES

Visit Marketplace
Section 3.16.2: DMCA Notice and Takedown Procedures
Statutory DMCA notice requirements, designated agent procedures, and immediate delisting workflows.
Category: Intellectual Property Policy Clause: CLAUSE-3.16.2 Ref Code: IP-3162-DMCA-TAKEDOWN Tier 3 (High Severity)
Compliance Safe & Safe Harbor Shielded

1. Section Scope & Legal Intent

Codifies the statutory DMCA Notice and Takedown procedure, designated copyright agent contact details, mandatory notice elements, and immediate delisting rules.

2. Mandatory Standards & Operating Requirements

All participants subject to this policy must strictly adhere to the following mandatory standards:

  • Rights holders or authorized agents may submit formal DMCA Takedown Notices to the ePaisay Designated Copyright Agent.
  • Notices must contain: physical/electronic signature, identification of copyrighted work, precise URL of infringing item, contact info, and good-faith statements under penalty of perjury.
  • Upon receipt of a compliant statutory notice, ePaisay will expeditiously remove or disable access to the infringing material and notify the affected seller.

3. Explicit Prohibitions & Violation Triggers

The following actions constitute direct non-compliance and trigger automatic intervention by the Warning and Violation System:

  1. Submitting knowingly false, bad-faith, or fraudulent DMCA takedown notices to suppress legitimate retail competition (perjury).
  2. Failing to provide statutory declaration elements required under 17 U.S.C. § 512(c)(3).
  3. Using automated scrapers to submit mass unverified DMCA claims without human review.

4. Warning & Violation System Enforcement Matrix

Each violation under this section is mapped directly to the automated warning and sanction ladder:

Violation Code Offense Description Detection Method Severity Tier Cure Window Mandatory Sanction
VIOL-3162-01 Receipt of valid, compliant statutory DMCA Takedown Notice against merchant listing. DMCA Legal Intake Gatekeeper Tier 3 (High) Immediate Immediate listing takedown, 2 Strike Points allocated to seller, formal notice delivered.
VIOL-3162-02 Submitting fraudulent or bad-faith DMCA notices to sabotage competitor listings. Legal Department Investigation Tier 4 (Critical) Immediate Immediate permanent ban of complaining entity, referral for statutory damages under § 512(f).
VIOL-3162-03 Incomplete takedown notice lacking URL or good-faith declaration. Automated DMCA Intake Parser Tier 1 (Notice) Immediate Automated rejection with instructions for statutory compliance.

5. Platform Safe Harbor & Limitation of Liability

Platform Intermediary Status: ePaisay provides the technological marketplace venue connecting independent counterparties. ePaisay is not a vendor, retailer, agent, or guarantor of any product, service, or transaction governed herein.

Total Disclaimer of Warranties: The platform disclaims all warranties of merchantability, fitness for particular purpose, and non-infringement to the fullest extent permissible by applicable law.

Limitation of Damages: In no event shall ePaisay, its officers, directors, or employees be liable for incidental, indirect, punitive, or consequential damages. Aggregate liability is strictly capped at the lesser of $100 USD or platform fees paid in the preceding three months.

Participant Indemnification: The participant agrees to defend, indemnify, and hold harmless ePaisay against any third-party claims, regulatory penalties, legal fees, or damages arising out of violations of this Section.

Last updated: Oct 01, 2025