Effective Date September 30, 2018
Evato respects the trademark rights of third-parties, and expects you (or the entity you represent), as a user of our Websites or Services, to do the same. This policy provides information about our policies and procedures regarding any alleged or suspected infringement of trademarks, service marks, trade names, logos, or other similar designations which identify a person or business (collectively, “trademarks”) on our Websites and Services. Any capitalized terms which are not defined in this policy shall have the same meanings in our Terms of Service.
Trademark Infringement Notifications
If you are the owner or authorized representative of the owner or a licensed user of a trademark that you reasonably believe has been infringed because of its use on our Websites or Services, you may provide us with a notice of infringement.
We have provided the following information for the exclusive purpose of notifying us that you believe your trademarks are being infringed.
To notify us of any reasonably suspected trademark infringement, you must send us a written notice that includes substantially all of the following requirements. You should consult your own attorney to confirm the following requirements:
- Your name, address, telephone number, mailing address, and/or email address, so that we may contact you regarding the notification.
- A clear and complete identification of the trademark (including a graphical representation of the trademark) you claim is being infringed.
- A clear and complete identification of your proof of ownership of, or the right to use, the trademark. Any identification must include, at a minimum (a) (if the trademark is registered) the federal or state trademark registration number; and (b) the date of first use of the trademark in commerce in India.
- Clear and unambiguous proof of your actual use of the trademark in commerce in India.
- An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials. The identification should include enough specific information, such as Website URL(s), so that we can reasonably locate the allegedly infringing material. General information about the material, such as the Service being used or a username, will not be sufficient for us to identify the allegedly infringing material or its location.
- Any arguments or documented evidence which supports your belief that the allegedly infringing materials are likely to cause confusion or mistake, or would deceive any third-party.
- The statement “I have a good-faith belief that the use of the material in the manner complained of is not authorized by the trademark owner, its authorized representative, or the law.”
- The statement “The information in this notice is accurate, and, under penalty of perjury, I am the trademark owner, or authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.”
- An electronic or physical signature of the trademark owner or the person authorized to act on behalf of the owner. You may provide your signature by typing your own full legal name (including first and last names; no company names) at the bottom of your notice.
- The date (MM/DD/YYY) that you are submitting the notice of alleged trademark infringement.
If we determine that your notice complies with these requirements, we will act promptly to conduct an independent investigation of the suspected or alleged trademark infringement, and upon advice of legal counsel, take down, or disable access to, the allegedly infringing material, and provide notice to the user that we have taken down the material. We reserve the right to take any all actions (including no action) in connection with any notice of suspected trademark infringement in our sole, reasonable discretion.
If we comply with any trademark notice you submit, you may be responsible for initiating actions which may expose you or us to legal liability. Do not submit false claims. If you are unsure whether materials on our Websites or Services infringe upon your trademark rights, you should consult a lawyer before proceeding with any notice to us.
You may be subject to severe legal consequences if you submit false claims of trademark infringement. These consequences include injunctions or damages (including court costs and attorneys’ fees) incurred by anyone who is injured by our reliance on those misrepresentations to remove or disable access to the material. Those parties include the alleged infringer, the trademark owner or its licensees, or us. In addition, if you have an account with us, we may suspend or terminate your account or access to any of our Websites or Services for submitting false claims of trademark infringement.
Please note that the information you provide in a notice, including your name, telephone number, mailing address, and/or email address, may be forwarded to the person who provided the allegedly infringing material to us, and that we may publish your contact information in place of disabled content.
If you submitted a notice of trademark infringement by mistake, or would otherwise like to retract your notice, please provide us with the following:
- The statement “I hereby retract my trademark infringement notification.”
- An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials which you identified in the original trademark infringement notification
- Your electronic or physical signature (including first and last names; no company names). If you sent your original notification by email, send your retraction from the same email address, otherwise we may not be able to process your retraction.
- The date (MM/DD/YYY) that you are submitting the retraction.
If your account or any material you uploaded or submitted to a Website or through a Service has been affected by a trademark infringement notification, you may reach out directly to the trademark owner for a retraction of the original notice. We will retract the original notice upon receiving a written confirmation from the trademark owner or any person authorized to act on behalf of the trademark owner.
All notices under this policy should be submitted by electronic mail to firstname.lastname@example.org.
Please be advised that we have adopted and enforce a policy of termination in appropriate circumstances against users who are repeat infringers. In addition, we reserve the right at all times to suspend or terminate your account according to our Terms of Service.