In short: We respect intellectual property rights and expect our merchants to do the same. If you believe content on baselyne.io or on a store hosted on Baselyne infringes your copyright, send a written notice containing the information listed in Section 5 to [email protected]. We will review it, remove or disable access to infringing material where appropriate, and terminate the accounts of repeat infringers.
1. Introduction
Baselyne, a brand of Cybeinc, provides a hosted e-commerce platform that lets businesses build and run online stores. Our merchants upload their own product listings, images, descriptions and other content. We do not review all of that content before it goes live, but we take claims of infringement seriously.
This policy explains how we respond to notices of alleged copyright infringement in line with the U.S. Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512. Although Baselyne is based in Pakistan, we voluntarily follow the DMCA notice-and-takedown process because many rights holders are familiar with it. We also act on infringement complaints made under Pakistani law, including the Copyright Ordinance, 1962 and the Trade Marks Ordinance, 2001, and under other applicable laws.
2. Definitions
- Complainant: the copyright owner, or a person authorised to act on the owner’s behalf, who submits a notice of infringement.
- Notice: a written notification of claimed infringement that meets the requirements of Section 5.
- Counter-notice: a written response from the person whose material was removed, claiming the removal was a mistake or misidentification.
- Merchant: a Baselyne customer who operates a store on our platform.
- Material: any content, including text, images, photographs, videos, designs, themes, software or product listings.
- Designated Agent: the person or department we have appointed to receive Notices and Counter-notices.
3. Scope of This Policy
This policy applies to:
- content on our own website, baselyne.io, including our blog;
- content on online stores built and hosted on the Baselyne platform, including stores using custom domains;
- content in mobile apps built by Baselyne for merchants, to the extent we host or control that content.
If the content is on a store hosted on Baselyne, please consider contacting the merchant first, as they may be able to resolve the matter quickly. You are welcome to send your Notice directly to us at any time.
4. Designated Agent
Please send Notices and Counter-notices to our Designated Agent:
Copyright Agent, Baselyne (a brand of Cybeinc)
Suit No 301, Plot 17/C, Main Khayaban-e-Shahbaz, Phase 6, DHA, Karachi, Pakistan
Email: [email protected] (subject line: “DMCA Notice” or “DMCA Counter-Notice”)
Phone: +92-321-8291815
Email is the fastest way to reach us. Please do not send Notices through our general contact or call-back forms, as this may delay our response. The Designated Agent only handles intellectual property complaints; other requests sent to this address under a “DMCA” subject line may not receive a response.
5. How to Submit a Notice of Infringement
Under 17 U.S.C. §512(c)(3), your Notice must be in writing and include substantially all of the following:
- A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. A typed full name is acceptable as an electronic signature.
- Identification of the copyrighted work claimed to have been infringed or, if multiple works are covered by a single Notice, a representative list of those works.
- Identification of the material that is claimed to be infringing and that should be removed or disabled, with information reasonably sufficient for us to locate it. The best way to do this is to provide the exact URL(s) of the page(s), product listing(s) or image(s).
- Information reasonably sufficient for us to contact you, such as your name, postal address, telephone number and email address.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law.
- A statement that the information in the Notice is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.
It also helps if you tell us the name of the store (where relevant) and include evidence of your ownership, such as a link to where your original work is published or a copyright registration.
5.1 Incomplete Notices
If your Notice does not substantially meet these requirements, we may not be able to act on it. Where possible, we will contact you to ask for the missing information.
5.2 Think before you file
Before sending a Notice, please consider whether the use might be permitted, for example under fair use or fair dealing, or under a licence. Under 17 U.S.C. §512(f), a person who knowingly and materially misrepresents that material is infringing may be liable for damages, including costs and legal fees.
6. What Happens After We Receive a Notice
- We review the Notice to check that it is complete.
- If it is valid, we act promptly to remove or disable access to the material identified. For merchant stores, we may ask the merchant to remove the material within a short deadline and remove it ourselves if they do not.
- We notify the merchant or user who posted the material and, where appropriate, provide them with a copy of the Notice. Your contact details may be shared with them so that they can respond or file a Counter-notice.
- We record the Notice for the purposes of our repeat infringer policy (Section 8).
We aim to acknowledge Notices within 3 business days.
7. Counter-Notices
7.1 Submitting a Counter-notice
If your material was removed and you believe this was a mistake or misidentification, you may send a Counter-notice to our Designated Agent. Under 17 U.S.C. §512(g)(3), it must include:
- your physical or electronic signature;
- identification of the material that was removed or disabled and the location where it appeared before removal;
- a statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the U.S. federal district court for the judicial district in which your address is located or, if your address is outside the United States, any judicial district in which Baselyne may be found, and that you will accept service of process from the person who submitted the original Notice or their agent.
7.2 What happens next
If we receive a valid Counter-notice, we will send a copy to the original Complainant. Unless the Complainant tells us within 10 business days that they have started court proceedings to restrain the alleged infringement, we may restore the material within 10 to 14 business days after receiving the Counter-notice. Misrepresentations in a Counter-notice may also create liability under 17 U.S.C. §512(f).
8. Repeat Infringer Policy
We will, in appropriate circumstances, suspend or terminate the accounts and stores of merchants and users who are repeat infringers. As a general rule:
- each valid Notice that is not successfully disputed counts as a strike against the account;
- after a first strike, we send a written warning;
- after a second strike within 12 months, we may suspend the store or restrict features;
- after a third strike within 12 months, we will normally terminate the account.
We may terminate an account after fewer strikes, or immediately, where infringement is deliberate, large-scale or involves counterfeit goods. Terminations are handled under our Terms and Conditions and Acceptable Use Policy. Refunds are not provided for accounts terminated for repeat infringement.
9. Merchant Responsibilities
Merchants must only upload product images, descriptions, logos, fonts, music and other content that they own or have permission to use. Merchants must not sell counterfeit goods or products that infringe trademarks, designs or patents. Themes from our theme catalogue are licensed for use on Baselyne only and must not be copied to other platforms.
10. Trademark and Other Complaints
If your complaint relates to a trademark, counterfeit goods or another type of intellectual property rather than copyright, please email [email protected] with the subject “IP Complaint”. Include your contact details, details of your rights (such as a trademark registration number and country), the URLs of the material concerned and an explanation of the problem. We will review it under our Acceptable Use Policy and applicable law.
11. Changes to This Policy
We may update this policy from time to time. We will update the “Last updated” date at the top of this page when we do.
12. Contact Us
For questions about this policy that are not Notices or Counter-notices, please contact us at [email protected] or through our Contact Us page.
Questions about this policy? Contact us · hello@baselyne.io