Intellectual Property Policy
All Travel Essentials is a marketplace where third-party sellers can sell their goods directly to consumers. We are not actively involved in the listing and sale of some sellers’ items. The product listings on our platform are generated by independent sellers and they are responsible for ensuring they have all necessary rights to their content.We are committed to protect everyone’s intellectual property rights and have a strict policy against the listing or sale of products that violates a third-party’s trademark, copyright or patent rights. We strive to respond quickly by removing or disabling access to the allegedly infringing material when we receive a report of intellectual property infringement that complies with applicable law and with this intellectual property policy.
2. Main types of Intellectual Property Protected
(1) Copyright: Artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format.
(2) Trademark: A registered word, phrase, design, logo, or a combination that identifies the source of your goods or services and distinguishes them from the goods or services of others.
(3) Patent:
- (a) Utility: a new, novel, and non-obvious invention that is useful in some type of industry.
- (b) Design: protection of a non-functional, ornamental aspect of an article of manufacture.
(4) Right of Publicity: The right of publicity prevents the unauthorized commercial use of an individual’s name, likeness, or other recognizable aspects of one’s persona(1) You may report to us if you believe any intellectual property rights of you or another owner which you are authorized to act on behalf of are being violated.(2) We will promptly investigate the listings or contents upon receiving your report. Please note that any report made to All Travel Essentials must be made in good faith, sworn under penalty of perjury, that the material identified violates valid and subsisting intellectual property rights.(3) Please provide the proof of rights, information of right holders and preliminary evidence of infringement through our online intellectual property infringement report portal (“IP Portal”)(1) If you are an owner of copyright or authorized to act on behalf of the owner of a copyright that is allegedly infringed, you may submit a notice of infringement through IP Portal, which must include the following:
- The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Clear and specific identification of each copyrighted work claimed to have been infringed. A Notice may cover multiple copyrighted works.
- Clear and specific identification of each infringing material that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit All Travel Essentials to locate each of such material.
- Reasonably clear and sufficient contact details so that we can contact you (i.e. address, telephone number, and email address).
- A statement to the effect that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) If you misrepresent that material is infringing, you may be liable for damages. Therefore, if you are not sure whether the material is infringing, please seek legal advice before submitting a notice to us.(3) Upon a proper notice of copyright infringement, All Travel Essentials will take the following action in accordance with the DMCA:
- Remove or disable access to the infringing material.
- Notify the content provider who is accused of infringement that All Travel Essentials has removed or disabled access to the applicable material.
(1) If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or with proper authorization, the content provider, may send us a counter-notice containing the following information to:
- A physical or electronic signature of the content provider;
- 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;
- 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; and
- Content provider’s name, address, telephone number and email address, and 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, for any judicial district in which Whaleco Inc. may be found, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
(2) If a counter-notice is received by All Travel Essentials, we will send a copy of the counter-notice to the original complaining party informing that person that All Travel essentials may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material will be replaced or access to it restored as early as 10 but not more than 14 business days of All Travel Essentials’ receipt of the counter-notice.
- Attention: Copyright Officer, Whaleco Inc.
- Office address: Suite 355, 31 St. James Avenue, Boston, Massachusetts 02116, USA
- Portal to receive Intellectual Property Infringement report: IP Portal
The intellectual property owner or authorized agent who reported infringement may withdraw its report via email to info@alltravelessentials.com