This Intellectual Property Policy (“IP Policy”) governs your use of the MatchB2B website (this “Website”). MatchB2B, LLC (“MatchB2B”) is committed to protecting the intellectual property rights of others and to providing a legitimate, safe place to bid for services and products. Users of our Website post many Requests for Bids ("RFBs"), bids, forum threads and other materials and we are not familiar with each person’s intellectual property rights. Accordingly, we ask for your assistance in identifying potential infringements of intellectual property and keeping our Website free and clear of such infringements.

In using our Website, you agree to comply with the following policies and procedures:

What is an Intellectual Property Infringement?
An intellectual property infringement is the unauthorized use of another person’s intellectual property, such as copyrighted materials, trademarks and patents.

Some Basic Rules In using this Website, you must NOT:

• use another member’s pictures, materials or descriptions without their prior written consent;
• encourage or enable another person to infringe the intellectual property rights of another;
• use MatchB2B’s intellectual property (including MatchB2B’s logo, tradename, trademarks, copyrighted materials or linking to its website) without MatchB2B’s express prior written consent; or
• include disclaimers or deny responsibility for any services and items offered by the Website or MatchB2B.

Prohibited Items
You must not post any material or content on the Website that might infringe the intellectual property rights of another person, including any RFB, bid or forum thread. This includes (without limitation) posting listings for any of the following items (or posting any RFB or bid in respect of which any of the following items are the subject matter of that RFB or bid):

• counterfeits, unauthorized replicas, unauthorized items (such as counterfeit watches, handbags, or other accessories) or unauthorized copies (such as copies of software programs, video games, music albums, movies, television programs, or photographs) - Unauthorized copies include copies that are pirated, duplicated, backed-up or bootlegged);
• photography and images of celebrities, including an item containing the image, likeness, name, or signature of another person unless the product was made or authorized by that person;
• media, including bootleg recordings, recorded media, promotional copies and digitally delivered goods;
• software; and
• equipment that would support unauthorized copies or software that would enable users to duplicate copy-protected material.

Rights of MatchB2B To help protect the intellectual property rights of all users, without limiting any other rights and remedies available to MatchB2B, MatchB2B reserves the right to do any or all of the following in its absolute discretion:

• remove any RFB, bid, forum thread or other material or content from the Website at any time;
• notify the alleged infringer of receipt of a notice of infringement of another person’s intellectual property rights;
• place limits or other restrictions on a member’s account or privileges with MatchB2B;
• terminate (or suspend for any period of time) a member’s account with MatchB2B
• forfeit to MatchB2B any fees or charges that a member has already paid to MatchB2B; and/or
• commence any other action or proceeding against any person.

MatchB2B is not a mediator, arbiter or judge of intellectual property rights disputes. If we remove any content or material from the Website, we are doing so as a matter of prudence and we do not endorse any claim of alleged infringement. Similarly, if we do not remove any content or material or if we reinstate any content or material, we do not endorse a claim that there is no infringement of intellectual property rights.

Procedures for Reporting Alleged Intellectual Property Infringements Set out below are procedures for reporting alleged intellectual property infringements on our Website:

(1) Complainant to Submit an IPR Notice

• If, in good faith, you (the “Complainant”) believe that any RFB, bid, forum thread, material or other content posted on the Website infringes your intellectual property rights, please complete and sign our Notice of Claimed Intellectual Property Rights Infringement (“IPR Notice”) and then fax or email it to us (see our fax and email notification details at the end of this IP Policy). Click here to download the Notice of Claimed Intellectual Property Rights Infringement.
  
  
• Once we receive the IPR Notice, we will evaluate the information in the IPR Notice. We may ask the Complainant to provide further documentation or information to verify its claim. If the Complainant refuses or fails to satisfactorily complete and sign the IPR Notice or if, in our absolute discretion, any of the information provided in connection with the IPR Notice is or appears to be incorrect, incomplete, invalid, inapplicable, unsatisfactory or insufficient, we reserve the right to refuse to handle the complaint under the IPR Notice unless and until the IPR Notice has been satisfactorily completed and signed and all further clarification, details or documents requested by us are provided.

(2) Alleged Infringer To Respond

• We will notify the person or company who you allege is in violation of your intellectual property rights (“Alleged Infringer”)of our receipt of the IPR Notice. The Alleged Infringer will be given the Complainant’s name and contact details and details of the alleged infringement.
  
  
• The Alleged Infringer will be given five (5) business days to rebut the claims in the IPR Notice. The Alleged Infringer should fax or email us its rebuttal of such claim and attach a copy of the IPR Notice with its correspondence to MatchB2B. See our fax and email notification details at the end of this IP Policy.

(3) Removal of Material

• If the Alleged Infringer fails to respond satisfactorily and rebut the claims of the IPR Notice within five (5) business days, we shall remove the alleged infringing information referred to in the IPR Notice.
  
  
• If an Alleged Infringer believes that the alleged infringement is incorrect or that its material was removed from our Website in error, we suggest that the Alleged Infringer first try to contact the Complainant directly to discuss. Only the Complainant understands its services, products and intellectual property rights. If the Complainant agrees that they made a mistake, the Alleged Infringer should have the Complainant email or fax us and ask us to reinstate its material to the Website. See our fax and email notification details at the end of this IP Policy.

(4) Objection to Removal of Material

• The Alleged Infringer may object to the removal of material from our Website by submitting to us a Notice of Dispute of Intellectual Property Rights Infringement (“IPR Dispute Notice”). This notice is in compliance with the federal Digital Millennium Copyright Act and requires the Alleged Infringer to, among other things, certify under sworn penalty of perjury that its material was not infringing and was removed by mistake or misidentification. Please contact us by email or fax if you are interested in filing an IPR Dispute Notice (and include a copy of the IPR Notice with your email or fax to us).
  

• Once we receive the IPR Dispute Notice, we will provide a copy of the IPR Dispute Notice to the Complainant and will advise the Complainant that the material will be reinstated on our Website after ten (10) business days if we do not hear from the Complainant that they have filed an action seeking a court order to restrain the Alleged Infringer from re-listing the materials.

Notwithstanding the above procedure, we reserve the right to take any action at any time in connection with an alleged intellectual property rights infringement. This includes removing materials from our Website at any time if it becomes aware of an alleged claim of intellectual property infringement, even prior to the time periods specified in the procedures above.

Indemnity Anyone who submits a report to us alleging infringement of intellectual property rights should take responsibility for such making such a claim. As an online platform we try to facilitate good faith best practices amongst users and want to ensure that only legitimate claims of intellectual property infringements are reported to us. Accordingly, if you submit a report of alleged infringement to us or ask us to take down a listing or material, you hereby indemnify, defend and hold MatchB2B, its officers, directors, agents, employees, contractors and members harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including, without limitation, attorneys’ fees and expenses) arising out of or relating to the removal of such listing or material.

Notice for Claims of Intellectual Property Infringements

You may contact our agent for notice below if you believe that your intellectual property rights have been infringed.

Legal Name:    MatchB2B, LLC
Designated Agent: Attn:   Legal Department
Details of Agent:
Phone: +1 (646)-368-1261
Facsimile: +1 (212)-202-6130
Email: registeredagent@matchb2b.net  

The above notice information is provided pursuant to the notice requirements of the Digital Millennium Copyright Act to assist owners of intellectual property report alleged infringements of intellectual property on MatchB2B’s website.

All other notices to be provided to us under this IP Policy should also be addressed to us on the details above