Infringement Policy
Introduction
UrbanBazaar is committed to protecting intellectual property rights and maintaining a platform free of infringing or unlawful content. This Infringement Policy outlines our procedures for handling reports of copyright and trademark violations, impersonation of individuals or businesses, counterfeit goods listings, and other content that infringes on someone's rights. We adhere to applicable Indian laws – including the Indian Copyright Act and the Information Technology Act, 2000 (and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021) – in our approach to notice-and- takedown and intermediary obligations. By using UrbanBazaar, all users agree not to post content that violates the rights of others, and to abide by the processes described below.
Prohibited Infringing Content and Activities
UrbanBazaar strictly prohibits the following types of content and activities on our platform:
- Copyright Infringement: Users must not upload or use content (text, images, videos, music, etc.) that they do not own or lack permission to use. Using someone else’s copyrighted material without authorization violates our terms and can lead to content removal or account termination. For example, copying another business’s photos or written descriptions without permission is not allowed.
- Trademark Infringement: Any use of another person’s or company’s trademarks (such as logos,brand names, or slogans) in a manner likely to cause confusion or that misleads users is forbidden. Do not use another business’s name or logo in your listings or profile in a deceptive way. Such misuse of trademarks can result in removal of content or termination of the account, and may expose the user to legal liability.
- Impersonation & Unauthorized Listings: Impersonating any individual or business, or creating abusiness listing without proper authority, is strictly prohibited. Each user may only list businesses they own or are officially authorized to represent. Creating an account or listing that falsely purports to be another person or company (including attempting to pose as or speak for another business) violates our rules.
- Counterfeit or Illegal Products: It is forbidden to list or advertise any products or services that areillegal or violate third-party rights, including counterfeit goods. Businesses must only offer goods that are lawful and authentic – any listing involving illicit products, fake/branded counterfeit items, or otherwise unlawful goods is not allowed. UrbanBazaar will remove listings for counterfeit merchandise and may take action against the seller’s account.
- Other Rights Violations: Users must not post content that infringes on privacy rights, proprietaryrights, or any other rights of others. For example, publishing someone’s personal data without consent or misusing confidential information is against our policies. (See our Terms and Conditions and Privacy Policy for more on privacy and user obligations.)
Please note: Content that falls into any of the above categories is subject to immediate removal. UrbanBazaar reserves the right to delete infringing or prohibited material and/or terminate accounts of violators, especially in cases of severe or repeated infringement. We also may report illegal content or activities to law enforcement as required by law.
Notice-and-Takedown Procedure (Reporting Infringement)
If you believe that content on UrbanBazaar infringes your rights (for example, your copyright, trademark, or your identity/business is being misused), you can report it to us under this notice-and-takedown procedure. Rights owners or their authorized agents, as well as individuals/businesses affected by impersonation or fake listings, should notify UrbanBazaar by providing a written infringement notice with the following information:
- Identification of the work or right infringed: Describe the copyrighted work, trademark, or other right that you believe is being infringed. For example, for a copyright claim, provide the title of the work and any registration details; for a trademark, provide the brand name and registration number if applicable; for impersonation, explain whose identity or business is being misrepresented.
- Identification of infringing content on UrbanBazaar: Clearly identify the material on our platformthat you claim is infringing or violating your rights, such as the URL of the business listing, review, profile, image, or other content in question. Please be as specific as possible (including screenshots if helpful) so we can locate the content quickly.
- Your contact information: Provide your full name (and company name, if applicable), mailingaddress, telephone number, and email address. If you are not the rights owner but an authorized representative, also state your relationship to the owner (e.g., attorney, agent).
- Statement of good faith belief: Include a statement that you have a good-faith belief that the useof the material identified is not authorized by the owner, its agent, or the law. In other words, explain that you believe the content is infringing and why (e.g., “I am the copyright owner and I did not give permission for this content to be used”).
- Accuracy and authority declaration: Include a statement that the information in your notice is trueand accurate, and that you are the owner of the rights in question or are authorized to act on the owner’s behalf. This statement must be made under penalty of perjury or equivalent legal affirmation. This means knowingly submitting a false claim could have legal consequences.
- Signature: Finally, the notice should be signed (physically or electronically) by the rights owner or an authorized representative of the owner. For electronic submissions, typing your full name at the end of the notice or using a digital signature is acceptable.Additional requirements for impersonation or unauthorized listing complaints: If your report concerns impersonation or a fake business listing (rather than an intellectual property infringement per se), please include any evidence that you are the person or represent the business being impersonated. This could be a government-issued ID (for individual impersonation) or proof of business ownership/authorization (for business listings). Providing this verification will help us promptly validate your claim. How to Submit a Notice: You may submit your infringement notice to our designated Grievance Officer. The preferred method is via email. Please send your written notice (with the above information) to support@urbanbazaar.co with the subject line “Infringement Notice – [Your Case]”. You can also send the notice by mail to our office address, Attn: Grievance Officer, at the address provided in our Terms and Conditions. We will treat official infringement notices with priority and confidentiality.
UrbanBazaar’s Response to Infringement Reports
UrbanBazaar takes every credible infringement report seriously. Our process for handling notices is as follows:
- Acknowledgment: Upon receiving your infringement complaint, our Grievance Officer or legal team will acknowledge receipt of the notice (generally within 24 hours, as required by Indian law). This acknowledgment may be via email, confirming that we are reviewing the claim.
- Investigation and Evaluation: We will promptly investigate the allegations in the notice. Thisincludes verifying that all necessary information has been provided and assessing whether the reported content indeed appears to infringe the stated rights or violate our policies. We may review the content in question, check the details of the rights (such as copyright registration or trademark ownership), and possibly reach out for additional information if required. UrbanBazaar reserves the right to reject notices that are incomplete, erroneous, or fraudulent; if a notice is deficient, we may ask the complainant to provide more details before we take action.
- Takedown of Content: If we determine the report is valid and the content is likely infringing orotherwise violative, we will act expeditiously to remove it or disable access to it. Content removal might involve taking down a business listing, deleting an image or review, or temporarily suspending the content pending further review. In cases of clear infringement (for example, an identical copy of copyrighted material or a counterfeit product listing), removal may be permanent.
- Notification to User: We may notify the user who posted the allegedly infringing content about theremoval and the reason for it. In this notification, we will not disclose the complainant’s sensitive personal details, but we will inform the user that a claim was made and which content was affected. This gives the user an opportunity to understand the issue and, if applicable, respond (see Counter- Notification below). For copyright cases, if the notice fulfills all legal requirements, we will follow any applicable counter-notice process as described by law and our policy.
- Good-Faith Removal: UrbanBazaar removes content in good faith when we receive a validinfringement notice. However, removal of content is not an admission that the content was indeed unlawful – it is a precaution and compliance step. The ultimate rights and wrongs of an infringement claim may need to be resolved by the concerned parties or a court. UrbanBazaar is an intermediary facilitating this process and does not act as an arbitrator of IP disputes beyond our policy enforcement.
- Record-Keeping: We maintain a record of infringement notices and the actions taken. This helps ustrack repeat issues and demonstrate our compliance with legal obligations. We may also forward a copy of the notice to the alleged infringer or include it (with personal contact info redacted) in our transparency reports if we publish such reports.Additionally, UrbanBazaar will comply with any binding orders from courts or competent authorities regarding content removal. If we receive a court order or government directive to remove certain content for infringement or other legal violations, we will do so promptly as required by law. We may also share information with law enforcement or relevant authorities if we in good faith believe it is necessary to investigate or address illegal infringement activity (for example, an organized sale of counterfeit goods).
Counter-Notification (for Users Accused of Infringement)
If you are a user who posted content that was removed or disabled due to an infringement notice, and you believe that your content was wrongly removed (for example, you have authorization or believe the content is not infringing), you have the right to submit a counter-notice. Our counter-notification procedure is as follows:
- Submitting a Counter-Notice: To dispute the claim and seek reinstatement of your content, you must send us a written counter-notice. This counter-notice should include: (a) identification of the content that was removed and its location on the platform before removal (e.g., the URL of your listing or content); (b) a statement under penalty of perjury that you have a good-faith belief the content was removed or disabled as a result of mistake or misidentification (i.e. you believe the content is not infringing or you had the necessary rights); (c) your name, address, and contact information; and (d) a statement that you consent to the jurisdiction of the courts in India for the address provided and will accept service of process from the complainant (or their agent) who reported the alleged infringement. You should sign the counter-notice with your physical or electronic signature. If you have any documentation that shows your right to use the content (for example, a license agreement, proof of ownership, or communication from the rights owner permitting use), include a copy or description of it as well.
- Where to Send: Send the counter-notice to UrbanBazaar’s Grievance Officer at support@urbanbazaar.co, or by mail to our contact address, just as with initial notices. Please mention “Counter-Notification” in the subject line or attention line. We will forward your counter- notice to the party who made the original infringement complaint, as required by the notice-and- counter-notice framework.
- Review and Restoration: When we receive a proper counter-notice, we will review it to ensure it contains the required information and assertions. We may then, in accordance with applicable law, send a copy of the counter-notice to the original complainant and inform them that we may restore the removed content in 10 business days unless we receive notice that the complainant has filed a legal action seeking a court order to keep the content down. This mirrors the standard legal safe- harbor procedure (similar to the DMCA process in other jurisdictions), and is intended to give both parties a chance to resolve the dispute. If we do not receive notice of a lawsuit from the complainant within that waiting period, we may reinstate the content that was removed, at our discretion.
- Important Caveats: Please be aware that submitting a false counter-notice (claiming lawful use ofcontent when you know you do not have the rights) can have legal consequences. By signing the counter-notice, you are certifying its truthfulness under penalty of perjury. Also note that once a counter-notice is sent, the complainant may pursue legal action against you to resolve the matter. UrbanBazaar cannot provide legal advice to you – if you are unsure about your rights, consider consulting a legal professional before filing a counter-notice.During this counter-notice process, the content will generally remain offline. We encourage parties to communicate and resolve the issue if possible. Our aim is to be fair to both rights holders and users: we protect rights owners from ongoing harm by removing content when a prima facie valid complaint is received, and we give users a fair chance to respond if they believe a mistake has been made.
Repeat Infringer Policy
UrbanBazaar takes repeat infringement very seriously. In accordance with our Terms of Service and applicable laws, we have adopted a policy to terminate accounts that repeatedly violate intellectual property rights in appropriate circumstances. If a user has multiple instances of confirmed infringement – for example, several of their postings have been subject to valid takedown notices – that user may be
considered a “repeat infringer.” UrbanBazaar will impose escalating consequences on repeat infringers, which may include:
- Warnings and Education: For a first offense or minor infringement, we may issue a warning to the user, remove the specific infringing content, and provide guidance on our policies. This serves to educate the user on what is not allowed.
- Content Removal and Temporary Restrictions: For a second offense, or a more serious initialoffense, we will remove the infringing content and may impose temporary restrictions on the user’s ability to post new content. The user will be notified that further violations could result in stronger action.
- Account Suspension or Termination: If a user repeatedly uploads infringing content despitewarnings (for example, if we receive multiple valid complaints against that user), UrbanBazaar will suspend and possibly permanently ban the user’s account. Termination of service to repeat infringers is done at our discretion and is intended to protect rights holders and uphold the law. Once terminated for IP violations, the user may be prohibited from creating a new account on the platform.UrbanBazaar maintains a record of notices and may count multiple infringements within a single notice (if a user uploaded several infringing items in one go) as multiple strikes. We consider the totality of circumstances, but generally two or more strikes could designate a user as a repeat infringer. We will notify users if their account is being terminated due to repeat infringement. As stated in our Terms, using UrbanBazaar to infringe IP rights is a violation that can lead to account termination, and we enforce this strictly to comply with the law and protect our community.
Compliance with Indian Law
UrbanBazaar is an “intermediary” as defined under the Information Technology Act, 2000, and we operate under the safe-harbor provisions of that law. This means that while we are not liable for user-generated content in general, we have a legal obligation to act on infringements once we become aware of them. In line with Section 79 of the IT Act and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, UrbanBazaar has implemented this grievance redressal mechanism and content takedown process to rapidly address unlawful content including IP infringements. We have appointed a Grievance Officer (see contact details above) to receive and address complaints, as required by law. Our Grievance Officer will acknowledge infringement complaints within 24 hours and work to resolve them within the legally prescribed timeline (generally 15 days for resolution of general complaints, and 36 hours for removal of certain types of unlawful content upon receiving “actual knowledge”). UrbanBazaar also adheres to the Indian Copyright Act in protecting copyright owners’ rights and removing infringing copies of works. By following the notice-and-takedown and counter-notice procedures outlined in this Policy, UrbanBazaar endeavors to balance the rights of intellectual property owners with the rights of users. We believe this approach not only complies with Indian legal requirements but also reflects global best practices (such as the DMCA framework) for online intermediaries. We regularly review and update our policies to ensure continued compliance with new laws or amendments and to improve our processes.
Guidelines for Users and Rights Owners
For Rights Owners (Complainants): When you find infringing or unauthorized content on UrbanBazaar, use the reporting procedure in this Policy. Provide all required information in your notice to avoid delays. We recommend that you double-check that the content is indeed infringing your rights (and not a case of fair use, a legitimate coincidence, or authorized use) before sending a notice. Misuse of this Policy (such as sending false claims) can result in legal liability and/or loss of access to UrbanBazaar. UrbanBazaar may refuse to act on notices that appear to be fraudulent or overly broad. If you have any questions about the process, you can contact our support team or Grievance Officer for clarification before submitting a formal notice.
For Users Accused of Infringement: If you receive a notification from UrbanBazaar that your content was removed due to an infringement claim, remain calm and review the claim. You should refrain from re- uploading the same content, as that could be seen as another violation. If you believe the takedown was in error and you have rights to the content, you may file a counter-notification as described above. Ensure that your counter-notice is truthful and complete. Know that filing a counter-notice starts a legal process; the complainant may need to take court action to prevent restoration of your content. If you are unsure about your position, you might seek legal advice. UrbanBazaar will not penalize users for a single mistaken claim if it turns out the content was not infringing – we will restore content when appropriate and no legal action is pending. However, repeated uploads of clearly infringing material will lead to account actions as per our repeat infringer policy.
Conclusion
UrbanBazaar’s Infringement Policy is designed to create a fair process for protecting intellectual property and other rights while respecting the interests of our user community. We strive to be transparent and prompt in our actions. This Policy is incorporated into UrbanBazaar’s Terms and Conditions, and using the platform signifies your agreement with these rules. We may update this Infringement Policy from time to time to comply with changes in law or to improve our procedures. Any significant changes will be communicated or posted on our site.
If you have questions about this Policy or need to report an issue, please contact our Grievance Officer at support@urbanbazaar.co or by mail at our registered address (listed in our Terms and Conditions). UrbanBazaar values the rights of creators, businesses, and users alike, and we thank you for cooperating with these guidelines to help us maintain a lawful, trustworthy platform for everyone.