Trademark Complaince Policy
SOSComplete! recognizes the value and importance of trademarks in protecting the integrity of Intellectual Property (hereinafter referred to as "IP"). The SOSComplete! Client Agreement strictly prohibits any IP infringement by anyone utilizing the SOSComplete! network in any capacity.
In the event that SOSComplete! receives written correspondence with a demand to Cease and Desist, alleging that any Digital Product dilutes, infringes upon, violate, or in any way tarnishes the acting party's trademark rights, SOSComplete! reserves the right to restrict access to, or remove such Digital Product until SOSComplete! receives either:
- Written confirmation directly from the party who originally made the Cease and Desist demand, that said Cease and Desist demand has been withdrawn or settled, or
- You, the proclaimed owner of IP rights to Digital Product on the SOSComplete! network, provide sufficient evidence to SOSComplete! to effectively rebut the allegations contained in the subject Cease and Desist demand, the sufficiency of such evidence to be determined solely by SOSComplete!. SOSComplete! in its sole discretion, may determine that such evidence is insufficient, without liability or penalty to You. Acceptance of said rebuttal by SOSComplete! is contingent upon You expressly acknowleging and agreeing that such rebuttal will include:
- SOSComplete! is under no obligation to restore access to any Digital Product even if You provide SOSComplete! with a rebuttal, plus a valid Counter-Notice, and that the determination of the sufficiency any evidence provided in any rebuttal shall be at the sole discretion of SOSComplete!;
- You expressly waive and discredit any claim or potential claim against SOSComplete! related to, or arising out of SOSComplete!'s removing of, or restriction of access to any Digital Product in response to a Cease and Desist demand, including, but not limited to, any claim for lost revenue, lost profits, and/or incurred expenses; and
- The compliance procedures of the DMCA apply only to copyrighted materials, and expressly exclude any other form of IP Rights, including but not limited to, any rights in trademarks, service marks and/or trade names, and that the aforementioned process is intended only to provide a convenient mechanism by which such disputes may be addressed, and does not, nor shall not, be misconstrued as imposing upon SOSComplete! any of the obligations imposed under the DMCA with regards to response time, and requirements of that nature.
Notice to SOSComplete! Clients
The above-stated "Trademark Compliance Policy" is part of, and incorporated within, the SOSComplete! Client Agreement. As a condition of registering with SOSComplete!, and using SOSComplete!'s services, You expressly acknowledge that You have read and understood this Trademark Compliance Policy, and You agreed to be bound by the terms and conditions contained within said policy. If at anytime You disagree with this Trademark Compliance Policy, or any part of it, Your sole remedy is to cease all use of SOSComplete! services, and terminate Your account. However, please note that any and all transactions which have occurred prior to the termination date, will be governed and controlled in full by the terms and conditions set forth in this Trademark Compliance Policy.