JOAN JEWELLERY|INTELLECTUAL PROPERTY

 

1. Joan Jewellery is a marketplace where third-party sellers can sell their goods directly to consumers. We are not actively involved in the listing and sale of sellers’ items. The product listings on our platform are generated by independent sellers and they are responsible for ensuring they have all necessary rights to their content.

We are committed to protecting everyone’s intellectual property rights and have a strict policy against the listing or sale of products that violates a third-party’s intellectual property rights. We strive to respond quickly by removing or disabling access to the allegedly infringing material when we receive a report of intellectual property infringement that complies with this intellectual property policy and applicable law.

 

2.Joan Jewellery has registered trademarks, copyrights, patents and domain names in the United States, the European Union and other relevant countries/regions,and Joan Jewellery is the sole owner of the aforesaid rights.Besides，the intellectual property of the collection, arrangement, and assembly of all content on this Site (the "Compilation") also belongs exclusively to Joan Jewellery.

You may not use Joan Jewellery's trademarks, copyrights, patents and domain names or Compilation in any manner that disparages or discredits Joan Jewellery or in any way that is likely to cause confusion or violation of any applicable laws or regulations. The software used or applied on this Site (the "Software") is the property of Joan Jewellery and/or its Software suppliers. The content, the Compilation and the Software are all protected under state, national and international copyright laws.

All rights not expressly granted are reserved by Joan Jewellery. Any content on this Site can only be reproduced or distributed with express permission from Joan Jewellery. Violators will be prosecuted to the full extent of the law.

All information and content related to items on the Site including but not limited to graphics, photos, sounds, music, videos, descriptions obtained from suppliers’ or third parties’ sources are not owned, manufactured, sold or endorsed by Joan Jewellery. For the reason of the technical limitations,Joan Jewellery cannot make a full warrant that the said information is accurate, complete, reliable, current, or error-free.

 

3. Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide to Joan Jewellery, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all intellectual property rights related thereto (excluding the moral rights such as authorship right) to Joan Jewellery without charge and Joan Jewellery shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Joan Jewellery and shall not be returned to you.

You warrant that your Submissions, in whole or in part, are clear and free from any intellectual property right infringement, disputes or third-party claims. Joan Jewellery assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify Joan Jewellery against any losses caused due to your misbehavior regarding the commentaries and remarks for any purposes.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Joan Jewellery the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this Site and that use of your reviews, comments, or other content by Joan Jewellery will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Joan Jewellery or third parties to obtain unjust enrichment. Joan Jewellery may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.

 

4. INTELLECTUAL PROPERTY INFRINGEMENT POLICY

Joan Jewellery respects intellectual property, including but not limited to copyright, trademark, patent, design and business confidentiality. If you believe that the products for sale on our Site infringes the intellectual property rights of yours or others'，you are welcome to assert your rights and/or file a complaint in accordance with the procedures and format described in 5**.2 hereunder.

 

5. Report Copyright Infringement Using Copyright Infringement Notice under DMCA

(1) If you are the owner of intellectual property rights, or if you are authorized to act on behalf of a rights holder, you may report alleged infringements to us by sending an email to [email protected], and this is the easiest way to submit your infringement notice. We do not assume any responsibility of negligence or delay for any complaint made through other channels like mail delivery, mailboxes ,other email address or instant messages, etc., which may fail or delay to be received or responded.

(2) Information required under the Digital Millenium Copyright Act, 17 U.S.C. § 512(c)(2) and/or other relevant laws, regulations and previous policy, which must include the following:

A. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;

B. A description of the allegedly infringing work or material and where the allegedly infringing material is located on the site (product(s) URL);

C. Information reasonably sufficient to allow us to contact you, such as your address, telephone number or e-mail address;

D. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;

E. Identification of the intellectual property rights that you claim are infringed by the Website (e.g., "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04”, etc. In the case of copyright infringement, please provide the copyright registration number or a link to the platform where it was first published, the URL of the infringing work/image and/or other information proving that you are the copyright owner or authorized to use it); and

F. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

(3) If you misrepresent that material is infringing, you may be liable for damages. Therefore, if you are not sure whether the material is infringing, please seek legal advice before submitting a notice to us.

(4) Upon a proper notice of copyright infringement, Joan Jewellery will take the following action:

• Remove or disable access to the infringing material.
• Notify the content provider who is accused of infringement that Joan Jewellery has removed or disabled access to the applicable material.

 

6. Counter-Notice to Copyright Infringement Claim under DMCA

(1) If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or with proper authorization, the content provider, may send us a counter-notice containing the following information to:

• A physical or electronic signature of the content provider;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
• A statement under penalty of perjury that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
• Content provider’s name, address, telephone number and email address, and a statement that such person or entity consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Hedylano LLC. may be found, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

(2) If a counter-notice is received by the Joan Jewellery, Joan Jewellery will send a copy of the counter-notice to the original complaining party informing that person that Joan Jewellery may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material will be replaced or access to it restored as early as 10 but not more than 14 business days of Joan Jewellery’s receipt of the counter-notice.

 

7. Information of the Designated Agent to Receive Notifications

• Attention: Intellectual Property Officer, Hedylano LLC.
• Office address: 1942 Broadway St STE 314C, Boulder, CO 80302, U.S.A.
• Email: [email protected]

 

8. Withdrawal of Report

The intellectual property owner or authorized agent who reported infringement may withdraw its report via email to [email protected]. The withdrawal request must clearly identify who the report was submitted by, including the contact information of the complaining party, the intellectual property right previously claimed to have been infringed, and the material cited in the original complaint.

 

9. Repeat Infringer Policy

We terminate repeated intellectual property infringers’ access to our services in appropriate circumstances and at our discretion. These actions apply to any accounts we believe are associated with or operated by a repeated infringer.