OVERVIEW

At Polarix Optics, we are committed to protecting everyone's intellectual property rights and have established a comprehensive policy to that end. This Intellectual Property Rights Policy ("IP Policy") explains how we address allegations of infringement, how authorized parties can submit reports of infringement regarding content on our website and mobile applications, and how responsible parties can respond when their listings are affected by a report. We will remove material cited for alleged intellectual property infringement when provided with a report that complies with our policies.

For the purposes of this IP Policy, "intellectual property" means copyright, trademark, patent, and other intellectual property rights prescribed by applicable laws.

1. Reporting Infringement

1.1 Who May Submit a Report

To submit a notice of intellectual property infringement, you must be:

  • The rights owner who owns the intellectual property being reported; or
  • An agent with express permission from the rights owner to submit notices on their behalf.

 

1.2 Investigation and Good Faith Requirement

We will investigate the listings or content upon receiving your report. Please note that any report made to us must be submitted in good faith and sworn under penalty of perjury. We reserve the right to reject incomplete or non-compliant reports.

1.3 How to Submit a Report

All reports of intellectual property infringement must be submitted through our online intellectual property infringement report portal ("IP Portal"). You must be logged into your Polarix Optics account to access the IP Portal.

Your report must include the following information:

  • Specific identification of the intellectual property you believe is being infringed, including:

·Registration number (if applicable);
·Written description of the copyrighted work;
·Link to the copyrighted work (if available);
·First date of use or publication (if relevant).

  • Nature of the infringement – Specify whether the infringement occurs on:

·The product itself;
·Physical product packaging;
·Images on the product detail page; or
·Text on the product detail page.

  • List of infringing products – Provide the URLs for the product detail pages of the specified products.
  • List of infringing parties – Identify the parties responsible for the alleged infringement.
  • Supporting documentation – Include any additional information that will assist in processing your complaint, such as order IDs for any test purchases made on the products you are reporting.
  • Your contact details – Provide your full name, physical address, phone number, and email address.
  • Other information – Any other information required under relevant laws or regulations.

1.4 Additional Information Requested

We may request additional information before processing a report, such as verification of ownership, proof of authorization, or other documentation regarding the claimed right and ownership. Failure to provide requested information in a timely manner may result in the report being closed without further action.

2. Reporting Copyright Infringement Under the DMCA

2.1 Submitting a DMCA Notice

If you are the owner of a copyright or are authorized to act on behalf of the owner of a copyright that is allegedly being infringed, you may submit a notice of copyright infringement through our IP Portal. The notice must include the following information:

  • Signature – The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of copyrighted works – Identification of each copyrighted work claimed to have been infringed. A single notice may cover multiple copyrighted works.
  • Identification of infringing material – Identification of each item of infringing material that is to be removed or to which access is to be disabled, and information reasonably sufficient to permit us to locate each such item.
  • Your contact information – Information reasonably sufficient to contact you, including your address, telephone number, and email address.
  • Good faith belief statement – A statement to the effect that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • Accuracy and authorization statement – A representation by you that:

·(i) the information in the notice is accurate; and
·(ii) under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.2 Important Warning Regarding Misrepresentation

If you knowingly misrepresent that material is infringing, you may be liable for damages (including costs and attorneys' fees) under applicable law, including Section 512(f) of the Digital Millennium Copyright Act. Therefore, if you are not certain whether the material is infringing, we strongly encourage you to seek independent legal advice before submitting a notice to us.

2.3 Our Response to a Valid DMCA Notice

If your notice of infringement is accepted as compliant with our policies and applicable law, we will:

  • Remove or disable access to the content you reported;
  • Take appropriate action against the responsible parties, which may include issuing warnings or terminating accounts for repeat infringers; and
  • Make a good faith effort to notify the party whose content was removed or disabled.

Please note that we do not share details of actions that are not already public in nature, except as required by law or as necessary to resolve the matter.

2.4 Repeat Infringer Policy

Polarix Optics is committed to the protection of intellectual property rights. In appropriate circumstances, we will terminate the accounts of repeat infringers. A "repeat infringer" is a user who has been the subject of multiple valid infringement notices or who has otherwise demonstrated a pattern of infringing activity.

3. Counter-Notice to Copyright Infringement Claim Under the DMCA

3.1 Who May Submit a Counter-Notice

If you believe that material you posted was removed or disabled as a result of mistake or misidentification, you may submit a counter-notice to us. Under the DMCA, only the content provider whose material was removed or disabled may submit a counter-notice.

3.2 Content of a Counter-Notice

A valid counter-notice must include the following information:

  • Signature – A physical or electronic signature of the content provider.
  • Identification of removed material – 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 disabled.
  • Good faith belief statement – A statement under penalty of perjury that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
  • Consent to jurisdiction and service of process – The content provider's name, address, telephone number, and email address, along with a statement that such person or entity:

·Consents to the jurisdiction of the Federal District Court for the judicial district in which the content provider's address is located; or
·If the content provider's address is located outside the United States, consents to the jurisdiction of any judicial district in which Polarix Optics may be found; and
·Will accept service of process from the person who provided the original notification of alleged infringement.

3.3 Our Response to a Counter-Notice

Upon receipt of a valid counter-notice that complies with the DMCA, we will take the following actions in accordance with applicable law:

  • We will forward a copy of the counter-notice to the original complaining party;
  • We will inform the original complaining party that we will replace the removed material or cease disabling access to it within a specified timeframe (typically 10 business days); and
  • Unless the original complaining party notifies us that they have filed a court action seeking an order against the content provider, we will restore the removed material or cease disabling access to it within 10–14 business days following our receipt of the counter-notice, as required by the DMCA.

 

4. General Provisions

4.1 Good Faith and Accuracy

All parties submitting reports or counter-notices under this IP Policy are required to act in good faith and provide accurate and complete information. Knowingly submitting false or misleading information may result in legal liability and may also result in the termination of your account with Polarix Optics.

4.2 No Waiver of Rights

Our failure to enforce any provision of this IP Policy shall not constitute a waiver of our right to enforce such provision or any other provision in the future.

4.3 Changes to This Policy

We reserve the right to update, modify, or replace any part of this IP Policy at any time. Changes will become effective upon posting to this page. It is your responsibility to review this IP Policy periodically for updates. Your continued use of our website or services following the posting of changes constitutes your acceptance of the updated IP Policy.