1. Section Scope & Legal Intent
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:
- Submitting knowingly false, bad-faith, or fraudulent DMCA takedown notices to suppress legitimate retail competition (perjury).
- Failing to provide statutory declaration elements required under 17 U.S.C. § 512(c)(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.