PROTECTION OF INTELLECTUAL PROPERTY: REPORT ABUSE

Intellectual Property includes the following: 1. “Trade Marks” i.e., a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from of the others and may include service marks, logos, designs, trade dress, shape of goods, their packaging or combination of colors, as are duly registered and/or pending registration under the Trademarks Act (R.S.C., 1985, c. T-13)

. 2. “Copyrights” in, copyrighted works and copyrighted materials i.e., literary, dramatic or musical work or artistic work, owned, acquired or validly licensed to any person in terms of the Copyright Act (R.S.C., 1985, c. C-42)

3. Other intellectual property rights legally valid and recognized in Canada, such as trade secrets, proprietary know-how, any patentable or non-patentable inventions, discoveries, or any modifications, adaptations, derivatives, or improvements of each of the above. Inasbay Inc. is a registered company under Companies Act, having its registered office 6915 Galarneau St Rose Laval H7L5J9) is conscious of and is committed to helping people and organizations protect their Intellectual Property. Inasbay Inc. owns a operates Inasbay.com (the “Website”) and provides hosting services to its registered users and persons browsing / visiting the Website. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Inasbay.com neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Inasbay.com is only a venue where buyers and sellers meet and interact with one another for their transactions. Inasbay does not purchase or sell products on the Website and is not a party to or control in any manner any transaction between two users of the Website. There are many vendors/merchants registered on the Website. Inasbay ensures that basic know your customer norms are followed at the time of registration of any user (including a vendor/merchant) on the Website. Further, each User (including a Vendor/Merchant) is bound by the terms and conditions of the User Agreement and the Contract (applicable for Vendor/Merchants only) wherein they undertake that the products listed and sold on/through the Website are genuine and not counterfeiting or infringing the Intellectual Property rights of any third party. However, it is practically not possible for Inasbay to verify each individual product listed on the Website. Nevertheless, to facilitate and assist people and organizations protect their intellectual property rights and as a trust building exercise between Inasbay and the Users of the Website, Inasbay has put in place a Protection of Intellectual Property Policy (“PIP Policy”) to identify and remove infringing or unlicensed items and material listed on the Website if an owner of intellectual property reports to us. Reporting – PIP Policy Who can report to us? You may report to us if you are the owner/valid licensee of an Intelectual property in any content available/uploaded on the Website without your consent, or you believe that your content has been copied/misused in any way that constitutes infringement of your Intellectual Property rights. In case you are not the owner of the Intellectual Property, you can still help by getting in touch with relevant owner and encourage them to contract us. How to report? You (the owner/licensee of Intellectual Property or any authorize representative of owner/licensee of Intellectual Property) are required to email us at Legal@inasbay.com; a Notice of Infringement form specifying the allegedly infringing listings on our Website along with following details: 

1. Your personal details: 

(a) Name 

(b) Constitution i.e., Individual/Company/LLP 

(c) Registration number (if any) 

(d) Residential/Registered Address 

(e) Name and designation of authorized representative (applicable for persons other than an individual) along with certified true copy of document evidencing the authority 

(f) Contact Details i.e., email id, phone/fax number 

2. Link of the product appearing on the Website which infringes your Intellectual Property rights; 

3. Details of the product which infringes your Intellectual Property rights; 

4. Details of your Intellectual Property rights existing as on date in Canada along with registration/application details, if any; and 

5. Reasons for comprehending that the products in question violate your intellectual property rights and the basis of your decision, such as test purchases, laboratory reports, or similar documentary proof.

You can fill in this form here: https://inasbay.com/protection...

Actions that Inasbay will take on receipt of a Notice of Infringement If Inasbay is satisfied with the veracity and genuineness of a duly filled and complete Notice of Infringement, Inasbay shall: 

1. Immediately delist the infringing products from the Website; 

2. Block the relevant vendor/merchant/advertiser account from the Website and bar the vendor/merchant from listing any products on the Website; 

3. Provide all details of the relevant vendor/merchant/advertiser of the infringing products to the person submitting the Notice of Infringement; and 

4. Provide, in its sole discretion, all reasonable cooperation and assistance to the person submitting the Notice of Infringement in taking appropriate action against the relevant vendor/merchant/advertiser. 

Consequences of incomplete/frivolous reporting If the Notice of Infringement is incomplete in any manner or Inasbay is of the opinion, in its sole discretion, that the Notice of Infringement is frivolous and/or fake, Inasbay may not take any actions as stated above and may report to the concerned vendor/merchant. If you believe that a report made against you is frivolous, you may inform us about the same along with documentary proof thereof (“Withdrawal Claim”). However, Inasbay will re-list your products on the Website and activate your account only if, in its sole discretion, of the genuineness of your withdrawal claim. Inasbay may require you to provide such information or documents, as it may deem fit for the purpose (including without limitation a final order of a court of competent jurisdiction, a withdrawal of claim letter of the person who alleged infringement against you etc.) You acknowledge that Inasbay will exercise its discretion based on the documents and information provided by you and will not independently verify the genuineness of your claim. Accordingly, Inasbay shall not be held liable in any manner for any act/omission, so far as Inasbay exercises reasonable and due diligence with respect to any Notice of Infringement and/or a Withdrawal Claim. 

You acknowledge that Inasbay shall not be liable for not taking any action, if the Notice of Infringement is incomplete and/or adequate information is not provided with a Withdrawal Claim. Inasbay’ Limitation of Liability 

PIP Policy has been launched by Inasbay to merely facilitate and assist people and organizations to protecting their intellectual property rights. As mentioned above, Inasbay is a mere technology and infrastructure service provider. 

Inasbay provides merely hosting services through the Website and provide a platform to buyers and sellers to conclude their transactions online. Inasbay neither guarantees protection nor is responsible for infringement of Intellectual Property rights of any person. We are providing Inasbay.com as is without any express or implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Inasbay is not responsible for the actions, content, information, or data of third parties and you release us, our shareholders, directors, officers, employees, and agents, from any direct and/or indirect claims and damages, known and/or unknown, arising out of or in any way connected with any claim you have against any such third parties.

Notice of Infringement

Inasbay Inc.; 1492 Succ St Martin, Laval QC H7V 3P7 Canada

I/We, [name] ____________________________ [s/d/o or a company/LLP registered under the Companies Act] residing at /having registered office at [address] _________________________, with registration number [_________________] [through authorized representative Mr. [name], [designation], authorized vide ______________________] do solemnly and sincerely declare as follows: 1. I/We am/are the right owner of certain Intellectual Property rights, created/modified and applied for registration/registered under [________________ Act]. 

Please see enclosed certified true copy of [proof of ownership of Intellectual Property]; 2. I/We believe that the item listings or materials identified in the annexure attached hereto [provide link] are not authorized by me/us, our agent, or the law and therefore infringe my/our Intellectual Property rights. 3. [Please provide reasons for comprehending that the products in question violate your Intellectual Property rights and the basis of your decision such as test purchases, laboratory reports or such similar documentary proof] 4. In light of above, you are requested to expeditiously remove or disable access to the material or products claimed to be infringing from Inasbay.com. 5. I/We may be contacted at: 

 Name ___________________________________________________________ 

 Title & Company ________________________________________________________ 

 Address _________________________________________________________ 

 Email (correspondence) ___________________________________________________ 

Telephone/Fax _____________________________________________________________ and I make this declaration conscientiously believing it to be true and correct. 

 Declared by ______________________________ on [date] ___________________________________ in [place]________ 

 Yours sincerely, Signature Note: 

 1. Please provide documentary proof of ownership of Intellectual Property; 2. Please provide documentary proof supporting your claim (if any); 3. Please note that all documentary proof submitted along with this Notice should be “certified as true”; 4. Please note that the information and documents provided in this notice may be shares with the person who is alleged to have infringed your Intellectual Property.