Intellectual Property

1. Intellectual Property Rights (IPR) Protection Policy

 

1.1 Atashiwa.com respects the intellectual property rights of others. Unauthorized use of another party's materials and trademarks are dealt with severely on our website.

 

1.2 No products can be displayed on Atashiwa.com without the explicit permission from the intellectual property right holder. Branded products are permitted to be displayed on Atashiwa.com if a certificate of authorization has been issued by the brand owner.

 

We request those who assert claims of infringement to stand behind their claims. By submitting a report of alleged infringement to Atashiwa.com, you agree to indemnify Atashiwa.com against claims or damages arising from the removal of the listing.

 

1.3 How to report an alleged IPR infringement to Atashiwa.com:

 

If you have a good faith belief that a listing on the Site infringes your copyright, trademark, patent or other intellectual property rights, you may complete Atashiwa.com's Notice of Claimed IPR Infringement Form and email (abuse@Atashiwa.com) it to Atashiwa.com. The completed Notice should specifically identify the seller  and each and every link which is claimed to be infringing your rights (specific URL). The complainant must upload the following materials as attachment for qualification verification:

 

Rights proof - According to the rights asserted, please provide rights proof, such as patent registration certificate, trademark registration certificate and copyright registration certificate, etc. (note: registration certificate of the intellectual property rights should be provided; application advice / acknowledgement is insufficient rights proof)

 

Identification proof - Individual: ID card, passport and other identification proof documents

 

Enterprise: business license and other industrial and commercial registration documents

 

Rights-holder authorization proof

 

If the complainant is not the rights-holder, he must produce authorization or agency certificate duly signed or sealed by the rights-holder.

 

Upon receipt of the aforesaid Notice and other information, we will promptly evaluate your complaint, and in cases where it is appropriate, we will expeditiously take down the listing referred to in your claim.

 

We will notify the seller in writing of the removal of the claimed infringing product listing and provide the seller with your contact information so that the seller may contact you directly and with an opportunity to respond.

 

If the seller objects to the removal of the alleged infringing product listing, the seller may submit to us an appropriate counter-notice to dispute the claim. Upon receipt of such counter-notice, we may resume the seller’s listing unless we receive notice from you that an action has been filed against the member in a court of competent jurisdiction for infringement of your intellectual property rights.

 

2. Limitation of Liability

 

2.1 To the maximum extent permitted by law, the features and services on the site are provided on an "as is" and "as available" basis, and Atashiwa.com hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded.

 

2.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, Atashiwa.com     MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE, Atashiwa.comDOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Atashiwa.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.

 

2.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any User from Atashiwa.com or through or from the Site shall create any warranty not expressly stated herein.

 

2.4 Under no circumstances shall Atashiwa.com be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

2.5 Each User hereby agrees to indemnify and save Atashiwa.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Atashiwa.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Atashiwa.com. Each User hereby further agrees to indemnify and save Atashiwa.com, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Atashiwa.com is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Atashiwa.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Atashiwa.com in asserting any available defenses.

 

2.6 Atashiwa.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

 

the use or the inability to use the Site;

 

any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;

 

violation of Third Party Rights or claims or demands that Users' manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;

 

unauthorized access by third parties to data or private information of any User;

 

statements or conduct of any User of the Site; or

 

any matters relating to Premium Services however arising, including negligence.

 

2.7 Notwithstanding any of the foregoing provisions, the aggregate liability of Atashiwa.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Use for all claims arising from the use of the Site or the Atashiwa.com service shall be limited to the greater of (a) the amount of fees the User pays to Atashiwa.com or its affiliates in the 12 months period prior to the action giving rise to liability and (b) HK$100. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or the Atashiwa.com service must be filed within one (1) year from the date the cause of action arose.