Infringement Policy

COPYRIGHT AND TRADEMARK INFRINGEMENT POLICY

Effective: October 20, 2020

Goldune, Inc., a Delaware corporation (collectively, “Goldune”, “we,” “our” or “us”) owns and operates the Goldune marketplace platform (the “Marketplace”) located at http://www.goldune.com (the “Site”), that enables users to purchase sustainable goods and products (the “Products”).

This Infringement Policy applies to the Site, Marketplace, Products, and any related resources, materials, information and/or services provided by us through the Site and/or Marketplace (all of the foregoing, collectively, the “Services”).

If you are the owner any copyright, trademark, patent or other intellectual property right, or are authorized to act on behalf of one, or authorized to act under any exclusive right under any intellectual property rights, please report alleged claims of infringement taking place on or through the Services as set forth in ‘Reporting Claims of Infringement” below.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf (the “DMCA”), Goldune will respond expeditiously to claims of copyright infringement committed using the Services that are reported to Goldune’s designated Copyright Agent, identified below.  Goldune will also respond expeditiously to claims of infringement with respect to any trademark, patent and/or other intellectual property right in the same manner.

Upon receipt of the Infringement Notice (as defined below), Goldune will take whatever action, in its sole discretion, it deems appropriate, including removal of or disabling access to the challenged material on or through the Services.

REPORTING CLAIMS OF INFRINGEMENT

The written notice to report infringement (the “Infringement Notice”) must include substantially the following:

  • Your physical or electronic signature.
    •
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
    •
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
    •
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
    •
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
    •
  • A statement that the information in the written notice is accurate.
    •
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
    •

     

    If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Infringement Notice may not be effective.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    COUNTER-NOTIFICATION PROCEDURES

    If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). The Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
    •
  • An 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 access disabled.
    •
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
    •
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
    •
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided Goldune with the complaint at issue.

    •

    The DMCA allows us to restore the removed content if the party filing the original Infringement Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

    Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    REPEAT INFRINGERS

    It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights and/or trademarks or other intellectual property rights of others.

    QUESTIONS

    If you have any questions about this Infringement Policy please contact us by email at: hi@goldune.com.