Intellectual Property Claim

Effective Date: 15/05/2024
Store Name: Shopxcart
Legal Business Entity: Catrina Peltz Sole Proprietor
Business Address: 8131 E. Harry St #901, Wichita, KS 67207, United States
Support Email: support@shopxcart.com

1. Scope of This Policy

This policy applies to all content, products, and materials available on our Site, covering:

  • Copyrights: Original images, website copy, graphics, and product designs.

  • Trademarks: Brand names, logos, and slogans.

  • Counterfeit Goods: Unauthorized replicas of branded products.

  • Proprietary Rights: Misuse of patented designs or trade secrets.

2. Identifying IP Violations

You may submit a claim if you believe your protected work has been used without authorization. Common violations include:

  • Unauthorized Reproduction: Copying product descriptions or original photography.

  • Trademark Infringement: Using a brand name or logo that causes consumer confusion.

  • Counterfeiting: Offering products that falsely carry a registered trademark.

  • Design Piracy: Replicating custom-engineered product shapes or features.

3. How to File an IP Claim

To ensure a swift resolution, all claims must be submitted in writing to support@shopxcart.com with the subject line: "Intellectual Property Claim – [Your Name/Company]".

Your notice must include the following information:

A. Contact Information

  • Full legal name and Company name.

  • Physical mailing address and phone number.

  • Valid email address.

B. Proof of Ownership

  • Registration numbers (Copyright or Trademark).

  • Links to original works or files created prior to the alleged infringement.

  • A description of the protected rights you own.

C. Identification of Infringing Material

  • The exact URL(s) on Shopxcart where the material is located.

  • Clear description/screenshots of how the content infringes on your rights.

D. Required Declarations

You must include the following statements in your email:

  1. "I have a good-faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law."

  2. "The information in this notification is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of the intellectual property."

E. Electronic Signature

  • A physical or electronic signature of the IP owner or authorized representative.

4. Our Enforcement Process

Upon receipt of a complete and valid claim, Shopxcart will:

  1. Review: Evaluate the claim within 3–5 business days.

  2. Act: Temporarily remove or disable access to the disputed content.

  3. Notify: Inform the uploader or seller of the claim and provide them with the claimant's information if necessary.

  4. Resolve: Permanently remove infringing content unless a valid Counter-Notification is received.

5. Counter-Notification Process

If your content was removed and you believe it was by mistake or misidentification, you may file a Counter-Notification containing:

  • Identification of the material that was removed.

  • A statement under penalty of perjury that you have a good-faith belief the material was removed in error.

  • Your consent to the jurisdiction of the Federal District Court in Wichita, Kansas (or your local jurisdiction if outside the U.S.).

  • Your signature and contact details.

Note: If we receive a valid counter-notice, we may restore the content within 10–14 business days unless the original claimant notifies us of a court action.

6. Repeat Infringer Policy

Shopxcart maintains a strict "three-strike" policy. We reserve the right to:

  • Terminate accounts of users who repeatedly violate IP rights.

  • Permanently ban IP addresses associated with fraudulent listings.

  • Restrict store privileges for sellers with high dispute rates.

7. Important Warnings

  • False Claims: Submitting a false or malicious IP claim is a violation of our terms and may lead to legal liability for damages (including costs and attorney fees).

  • No Legal Advice: This policy is for informational purposes. If you are unsure of your rights, please consult an attorney before filing a claim.

8. Contact Information

For all IP-related inquiries, please contact our Compliance Team:

Shopxcart – Intellectual Property Compliance Email: support@shopxcart.com

Address: 8131 E. Harry St #901, Wichita, KS 67207, United States