Intellectual Property Policy
United States Legal Compliance | DMCA & Lanham Act | Effective 2026
Yandaz USA Inc. ("Yandaz") serves as an online marketplace and service provider. We acknowledge our legal responsibility to protect the creative, industrial, and commercial rights of individuals and corporations within the United States. This Policy defines our exhaustive protocols for the identification, reporting, and removal of Copyright, Trademark, Patent, and Trade Secret infringements in accordance with U.S. Federal Law.
1. Copyright Protection (DMCA)
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), Yandaz has established a "Notice and Takedown" infrastructure. If you believe your copyrighted work is being used without authorization, you must provide our Designated Copyright Agent with a formal notice containing:
- Verification of Ownership: A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of Work: A clear description of the copyrighted work claimed to have been infringed.
- Precise Location: The specific Yandaz Ad URL or Ad ID where the infringing material is hosted.
- Contact Information: Your legal name, address, telephone number, and email address.
- Statement of Good Faith: A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- Penalty of Perjury: A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.
2. Platform Enforcement & Remedies
Upon receipt of a bona fide and legally complete Notification of Infringement, Yandaz will initiate the following enforcement actions:
- Expedited Removal: We will disable public access to the infringing material, typically within 24 to 72 hours of verification.
- User Notification: The user responsible for the upload will be notified of the removal and the basis for the claim.
- Financial Forfeiture: Forfeiture of all paid "Boost" or "Spotlight" fees associated with infringing listings, without the right to a refund.
- Repeat Infringer Policy: Any user associated with multiple verified takedown requests will face an irrevocable permanent account termination.
3. The DMCA Counter-Notice Infrastructure
To prevent "Takedown Abuse," Yandaz provides a robust Counter-Notice mechanism under U.S. law. If you believe your listing was removed due to a mistake or misidentification (such as "Fair Use"), you may submit a Counter-Notice including:
- Identification of the material that has been removed and the location where it appeared before removal.
- A statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification.
- Consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the Southern District of New York if your address is outside the U.S.).
- Your physical or electronic signature.
4. Trademark & Brand Protection (Lanham Act)
Yandaz prohibits the sale of counterfeit goods and the unauthorized use of source identifiers that create a likelihood of consumer confusion. Under the Lanham Act (15 U.S.C. § 1051), trademark owners must provide:
- USPTO Verification: A copy of the Trademark Registration Certificate or the specific registration number.
- Context of Infringement: Clear evidence of how the listing dilutes brand value or misleads consumers regarding the origin of the goods.
5. Patent and Industrial Design Claims
Yandaz recognizes that complex IP disputes regarding Utility or Design Patents often require judicial determination. Yandaz will act on patent infringement claims upon receipt of a court order, a summary judgment, or a preliminary injunction from a U.S. Court of competent jurisdiction. We encourage patent holders to first engage in direct negotiation with sellers while keeping Yandaz informed of legal progress.
6. Liability for Misrepresentation
LEGAL WARNING: Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be held liable for damages, including attorney's fees and costs incurred by Yandaz or the affected user. We take "bad faith" takedown requests seriously and will permanently ban entities that abuse our IP reporting system.
7. Legal Processing Center
All formal notices should be directed to our United States legal processing desk. Failure to provide all required information may render your notice invalid under Federal Law.
- Copyright Agent Email: copyright@yandaz.com
- General Legal Inquiries: legal@yandaz.com
