1. Section Scope & Legal Intent
2. Mandatory Standards & Operating Requirements
All participants subject to this policy must strictly adhere to the following mandatory standards:
- ePaisay respects all valid intellectual property rights and maintains robust notice-and-takedown systems to protect copyright, trademark, and patent owners.
- ePaisay qualifies for intermediary Safe Harbor immunity under Title II of the Digital Millennium Copyright Act (17 U.S.C. § 512) and EU Electronic Commerce Directives.
- As an intermediary venue, ePaisay does not pre-screen all third-party listings for patent validity but responds expeditiously upon receipt of proper legal notice.
3. Explicit Prohibitions & Violation Triggers
The following actions constitute direct non-compliance and trigger automatic intervention by the Warning and Violation System:
- Infringing upon registered trademarks, logos, commercial slogans, or proprietary product packaging designs.
- Reproducing copyrighted text, studio product photography, or marketing videos without express license.
- Selling merchandise that infringes upon registered utility or ornamental design patents.
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-3161-01 |
Listing merchandise in direct infringement of verified registered trademark. | Brand Owner Formal Takedown Notice | Tier 3 (High) | Immediate | Listing immediately delisted, 2 Strike Points, merchant warned. |
VIOL-3161-02 |
Unauthorized commercial use of proprietary manufacturer product photography. | DMCA Copyright Infringement Ticket | Tier 2 (Moderate) | 24 Hours | Infringing imagery removed, 1 Strike Point, listing suppressed until compliant. |
VIOL-3161-03 |
Submitting non-compliant or defective IP complaints lacking statutory declaration. | IP Intake Verification Desk | Tier 1 (Advisory) | 48 Hours | Notice rejected; rights holder prompted to submit standard statutory form. |
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.