1. CopyCatGo’s Role

CopyCatGo is a marketplace that provides prebuilt storefronts for third-party sellers to offer products or services, which are often produced based on microfranchising guides purchased from guide providers. CopyCatGo does not manufacture goods, hold inventory, produce microfranchising guides, or handle local delivery. Sellers are independent entities responsible for:

• Ensuring their products, services, and listings comply with all applicable federal, state, local, and international laws.
• Obtaining necessary rights to use content in their listings, including microfranchising guides.
• Managing their production, inventory, and local delivery.
• Complying with CopyCatGo’s Terms of Use and Seller Policies.

CopyCatGo reserves the right to disable or remove any listing, storefront, or account that violates our policies or applicable laws, including this Liability and IP Policy or our Prohibited Items Policy, at our discretion and without advance notice.

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2. Intellectual Property Infringement

2.1 Types of IP Protected

Sellers and guide providers must respect the intellectual property rights of others, including:

• Copyright: Protects original works such as microfranchising guides, product descriptions, images, or designs.
• Trademarks: Protects brand names, logos, or symbols used in listings or storefronts.
• Patents: Protects inventions or processes outlined in microfranchising guides.
• Trade Secrets: Protects confidential business information in guides or services.

2.2 Reporting IP Infringement

If you believe a listing or storefront on CopyCatGo infringes your IP rights (e.g., a seller is using your copyrighted guide or trademarked brand without permission), you can submit a report to CopyCatGo’s Designated Agent under the DMCA or other applicable laws. Use the following process:

• Submit via Reporting Portal: Access CopyCatGo’s IP Reporting Form at [insert URL]. Provide:
  • Your contact information and proof of identity.
  • Evidence of your IP ownership (e.g., copyright registration, trademark registration, or patent number).
  • Specific details of the alleged infringement, including the listing URL, storefront name, or username.
  • A statement under penalty of perjury that the information is accurate and you are the IP owner or authorized representative.
• Alternative Submission: If unable to use the portal, contact our Designated Agent at [insert email/address]. See our DMCA notice requirements [insert link].
• Processing: CopyCatGo may request additional information, such as a letter of authorization from the IP owner or further documentation. We may reject reports that are incomplete, fraudulent, or submitted in bad faith.

Upon receiving a valid report, CopyCatGo will promptly remove or disable access to the allegedly infringing content and notify the affected seller.

2.3 Counter Notices

If a seller believes their content was removed due to a mistake or misidentification, they may file a counter notice under the DMCA (for U.S.-based copyright claims only) or equivalent processes in other jurisdictions. To file:

• Submit a counter notice via [insert URL] or to our Designated Agent, including:
  • Identification of the removed content and its location before removal.
  • A statement under penalty of perjury that you have a good faith belief the material was removed due to a mistake or misidentification.
  • Your contact information and consent to jurisdiction in a relevant court.
• CopyCatGo will forward the counter notice to the complaining party. The removed material may be restored 10 business days after processing unless the IP owner files a court action or notifies CopyCatGo of a qualifying action (e.g., with the U.S. Copyright Claims Board) to restrain the seller.

2.4 Repeat Infringement

CopyCatGo may terminate the selling privileges of members who receive multiple or repeat IP infringement notices, at our discretion. This includes:

• Closing all associated storefronts and accounts.
• Prohibiting the creation of new accounts by the affected member.
• Taking action against accounts believed to be operated by or associated with the infringing member.

2.5 Withdrawals

Only the IP owner or their authorized representative may withdraw an infringement report. Withdrawals must:

• Clearly state the intent to withdraw the claim.
• Identify the affected member or material (e.g., username, storefront, listing URLs).
• Be submitted via [insert URL] or to our Designated Agent.

CopyCatGo will confirm receipt with the withdrawing party and notify the affected seller. Withdrawals are reviewed case-by-case and do not guarantee restoration of a seller’s account status.

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3. Liability for Product or Service Issues

3.1 Seller Responsibilities

Sellers on CopyCatGo are solely responsible for:

• The quality, safety, and legality of their products or services, including those produced using microfranchising guides.
• Providing accurate warnings, instructions, and labels as required by law.
• Ensuring compliance with consumer protection laws, product safety regulations, and data protection laws (e.g., GDPR in the EU, CCPA in California).
• Handling local delivery and customer service, including refunds or returns.
• Advertising: Creating and managing their own advertising content, including product descriptions, images, and promotional materials, ensuring compliance with advertising laws (e.g., truth-in-advertising standards, FTC guidelines in the U.S., or ASA rules in the UK) and avoiding misleading or infringing content.

Sellers must indemnify CopyCatGo against claims, damages, or losses arising from their products, services, advertising, or actions, including defective products, misrepresentations, or failure to comply with legal requirements.

3.2 CopyCatGo’s Limited Liability

CopyCatGo acts as an intermediary platform, not a seller, manufacturer, distributor, or advertiser. Under Section 230 of the U.S. Communications Decency Act and similar laws (e.g., EU E-Commerce Directive), CopyCatGo is generally not liable for third-party content or actions, provided we:

• Are unaware of illegal activity or content.
• Act expeditiously to remove or disable access to content upon gaining knowledge of illegality.

To mitigate risks, CopyCatGo:

• Requires sellers to agree to our Terms of Use, including compliance with all laws.
• Strive to maintain a reporting system for defective products, safety concerns, or misleading advertising.
• Strive to implements data protection measures compliant with GDPR, CCPA, and other privacy laws.

3.3 Reporting Product or Service Issues

Buyers or third parties can report defective, unsafe, non-compliant products or services, or misleading advertising via [insert URL]. Reports should include:

• Details of the issue (e.g., defect, injury, non-delivery, or false advertising).
• Evidence such as order details, photos, or correspondence with the seller.
• Contact information for follow-up.

CopyCatGo will investigate and may remove listings, suspend sellers, or escalate to legal authorities if necessary. We may also require sellers to provide proof of compliance with safety standards, advertising regulations, or microfranchising guide licenses.

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4. Microfranchising-Specific Considerations

CopyCatGo’s model involves sellers purchasing microfranchising guides to produce goods or services. To address unique risks:

• Guide Providers: Must warrant that their guides do not infringe third-party IP rights and comply with all applicable laws. Providers are liable for claims arising from defective or infringing guides.
• Sellers Using Guides: Must own the copyright, or ensure they have a valid license to use the microfranchising guide and follow its terms. Sellers are responsible for any IP infringement or liability arising from improper use of guides or deviations from authorized processes.

(Need to deal with this in the future.)

• CopyCatGo’s Role: We verify that guide providers submit documentation of IP ownership or licensing agreements where feasible. However, CopyCatGo is not responsible for vetting the content of guides or ensuring seller compliance with guide terms.

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5. Insurance Recommendations

To protect against liability and IP claims, CopyCatGo strongly recommends that sellers and guide providers obtain:

• General Liability Insurance: Covers claims of bodily injury, property damage, or advertising injury (e.g., slander, libel, or copyright infringement in listings or advertisements).
• Product Liability Insurance: Protects against claims from defective products causing harm or injury.
• Cyber Liability Insurance: Covers data breaches or cyber threats, especially if sellers collect customer information.
• Intellectual Property Insurance: Covers legal costs for defending or pursuing IP infringement claims.

Sellers should consult insurance providers specializing in e-commerce to tailor coverage to their needs, considering sales volume, product types, advertising activities, and operational risks.

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6. Protecting Your Intellectual Property

Sellers and guide providers can protect their IP by:

• Registering IP: File for copyrights, trademarks, or patents with relevant authorities (e.g., U.S. Copyright Office, USPTO, or EUIPO). Registered IP strengthens enforcement and increases potential damages (e.g., up to $150,000 per willful copyright infringement in the U.S.).
• Using Original Content: Create original product descriptions, images, advertising materials, and branding to avoid infringement.
• Monitoring Infringement: Regularly check CopyCatGo for unauthorized use of your IP and report violations promptly.
• Consulting Legal Counsel: Work with an IP attorney to assess risks, register IP, or pursue claims.

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7. Prohibited Activities

Sellers and guide providers must not:

• Use content that infringes third-party IP rights in listings or advertising.
• Engage in off-platform transactions to circumvent CopyCatGo’s policies.
• Manipulate listings, search rankings, or sales (e.g., shilling or creating duplicate storefronts).
• Collect or use buyer personal information without consent, in violation of data protection laws.
• Use misleading, false, or deceptive advertising practices that violate applicable laws.

Violations may result in listing removal, account suspension, or termination, at CopyCatGo’s discretion.

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8. Dispute Resolution

• IP Disputes: Sellers receiving an infringement notice should contact the complaining party directly (using contact information provided in the notice) or consult an attorney. CopyCatGo cannot provide legal advice or mediate disputes.
• Liability Disputes: Buyers or third parties with claims against sellers (e.g., defective products or misleading advertising) should contact the seller directly. CopyCatGo may facilitate communication but is not liable for seller actions.
• Arbitration: Per our Terms of Use, disputes with CopyCatGo are subject to binding arbitration (jurisdiction Idaho) , except where prohibited by law (e.g., some U.S. states may allow small claims court).
• Time Limits: Copyright infringement claims must be filed within three years under U.S. law. Other claims (e.g., product liability, advertising violations) vary by jurisdiction. Consult an attorney for guidance.

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9. Resources

• CopyCatGo Help Center: [Insert URL] for guides on compliance, IP protection, advertising standards, and reporting issues.
• DMCA Information: [Insert URL] for details on notices and counter notices.
• Legal Counsel: Consult an attorney specializing in e-commerce, IP, or product liability for tailored advice.
• External Resources:
  • U.S. Copyright Office: www.copyright.gov
  • U.S. Patent and Trademark Office: www.uspto.gov
  • European Union Intellectual Property Office: www.euipo.europa.eu
  • World Intellectual Property Organization: www.wipo.int
  • U.S. Federal Trade Commission (FTC) Advertising Guidelines: www.ftc.gov
  • UK Advertising Standards Authority (ASA): www.asa.org.uk

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10. Policy Enforcement

CopyCatGo reserves the right to:

• Remove or disable content that violates this policy or our Terms of Use.
• Suspend or terminate accounts for repeat violations or bad-faith actions.
• Cooperate with legal authorities in investigations of illegal activity.

Sellers and guide providers are responsible for staying informed about legal requirements in their jurisdictions and for the products, services, or advertising they offer.