Intellectual Property
Intellectual property Rights (IPR) Policy
1. General
Business1.com provides its services with utmost care. These services include, among others, the right of its users to publish, transfer and save content by using the Internet.
Business1.com does not publish any content on its business portals, but only offers its services to its users and merely offers a platform. Our users publish content on the business portals and they always remain responsible for the published content. Business1.com does not have any knowledge regarding the content that is published by the users and does not select, check and/or modify the content.
Business1.com is not obliged to supervise whether the content transferred or saved is illegal, or to actively search for facts or circumstances which might indicate illegal activities. Therefore, Business1.com cannot guarantee that, by providing its services, no illegal actions may take place by users of these services.
It may however be that a user of the services publishes illegal content on the Internet, or acts wrongfully in any other way. If a person observes this, they can submit a complaint to Business1.com, as set forth below. With this complaint, Business1.com can be requested to block the content concerned, to cease the illegal activity or to disclose the name, address and residence of the provider of the content.
Business1.com shall not be liable for whatever damage, direct and/or indirect, suffered by third parties arising from the illegal use of their services by a user, unless Business1.com does not block the content concerned or ceases the illegal activity while we have actual knowledge of this by means of the complaint.
Business1.com reserves the right not to grant a request for removing any content or halting an activity if it has good reason to doubt the accuracy of the notice or the lawfulness of the evidence supplied or if a balance of interests requires Business1.com not to grant such a request. In that context Business1.com may for instance require a ruling by a competent court in the Netherlands demonstrating that the relevant content is manifestly unlawful.
Business1.com reserves the right not to comply with a request to disclose personal data of the provider of content in the event the request is made more than three months after the moment that the content was discovered by the person that submitted the complaint.
Business1.com reserves the right not to (fully) comply with a request to disclose personal data of the provider of content in the event Business1.com does not (or no longer) have the requested data at its disposal.
2. Violations of our IPR policy may result in a range of actions:
· Removal of listings without notice
· Posting restrictions without notice
· Account suspension without notice
· Immediate Termination of membership
3. Infringement Claims
The following actions may be done after Infringement claims:
· Removal of listings upon receipt of intellectual property infringement claim against the same from intellectual property right holders
· Written notification to members responsible for listings subject to intellectual property infringement claim
· Termination of membership account in respect of repeated intellectual property infringement claims that members fail to submit valid counter-notification to refute infringement allegations against them
All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders further agrees to indemnify and hold Business1.com and its affiliated companies harmless from all claims, causes of action, damages and judgments arising out of any removal of content pursuant to intellectual property infringement claims.
As a neutral e-commerce platform Business1.com does not adjudge conflicting intellectual property infringement claims. Any action taken by Business1.com shall not be construed as any endorsement of any intellectual property infringement claim. All conflicting intellectual property infringement claims shall be resolved by the relevant conflicting parties separately from Business1.com and the Site.
4. Submit a Complaint or Notice
If you are intellectual property rights owner and believe certain product listings on Business1.com infringe upon your intellectual property rights, please submit a complaint to: [email protected] as well as to the office address of Business1.com (Laan van Diepenvoorde 29, 5582 LA Waalre, the Netherlands).
Please add the following information with your complaint:
1. Identity of the complaining party (company name, (email) address, telephone number) and relevant authorization if the complaining party is not the intellectual property right holder;
2. Proof of intellectual property ownership;
3. Explanation why the content / Site is illegal (e.g. infringement upon your intellectual property rights, or unlawful information, for example defamation or slander);
4. Exact clickable hyperlinks to the relevant allegedly infringing listings on the Site.
Any notice (such as cancellation, termination, refund) should also be submitted to [email protected] as well as to the office address of Business1.com (Laan van Diepenvoorde 29, 5582 LA Waalre, the Netherlands).
Please add the following information with your notice:
1. Explanation why you want to cancel and/or terminate the agreement or why you are entitled to a refund.
5. Miscellaneous
This IPR-policy is subject to and construed in accordance with the laws of the Netherlands. Any disputes shall exclusively be submitted to the competent court in Amsterdam, the Netherlands.
10-10-2016