eComNation.com (hereafter referred as "Site") is an online marketing website. The business venture www.eComNation.com is based on subscription and provides service when you subscribe to it. Any internet user can visit the marketing website, select a plan and sign up through the website to get the service immediately. We provide the service based on the terms and conditions. The terms and conditions will be revised at any times.
Intellectual Property (IP) Policy includes the work protected by copyright, patent, trade mark, trade secret and other laws. Protecting and enforcing the Intellectual Property right is one of the most acute legal challenges facing domestic and international business in Delaware. In order to enjoy the monopoly over the technology, assets and creative work by the innovators, it is necessary for the protection of the Intellectual assets. Thus IP policy ensures the real innovators to have the benefits of their intellectual assets.
While using the facilities or services provided by eComNation, or through any other website connected/ linked through this website by eComNation, You shall be bound by this Intellectual Property Policy.
In this Intellectual Property Policy, the term "You" or "Your" shall refer to the "User" and the term "We", "Us" or "Our" shall refer to eComNation.
Any legal action or proceeding arising out of or relating to this Agreement brought by any other party or its successors or assigns shall be brought and determined in the Delaware Court of Chancery and any state appellate court therefrom within the State of Delaware
The Site created and controlled by eComNation. eComNation reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers or users of the services. You are bound to understand the terms and conditions before accessing to eComNation and using the service provided by us. Your continuous use of the site after the revising the terms and conditions consider as you accepted the revised terms and conditions. To whom does policy apply
This Policy applies to the store owners, the buyers and other third parties who visit the site or link to our Site.
This Policy restricts the use of this website by minors and those who do not have capacity to enter into a valid commercial contract.
Your information is collected electronically and you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
eComNation retains all right, title, interest, and Intellectual Property right like patents, copyright, trade mark, trade secrets and any other registered or unregistered rights. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of eComNation.
eComNation reserves the right to restrict, suspend, terminate your access to, change or discontinue all or any part of the Site, including its availability, at any time for any reason (including, but not limited to, if we determine that information provided by you is inaccurate), without liability or prior notice to you.
Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of eComNation except as expressly granted.
All the contents given in the Site is owned by eComNation. We have utmost care to ensure that the contents is absolute and unconditional Intellectual Property Right of eComNation and no one else other than eComNation owns and had claim over Intellectual Property Right.
In case, any of the contents (Intellectual properties) which are displayed or uploaded in our Site is either not ours or not directly under control, that shall be properly displayed in our Site. We shall use such Intellectual property right with legal and express consent of the third party, Intellectual Right owners. Accordingly, we may not able to allow anyone to use such Intellectual Property rights owned by third parties. We suggest that you contact the Intellectual Property owners directly if you wish to use their Intellectual Property. If you violate any of the Intellectual Property Right of third party through our Site, either eComNation or Intellectual Property Right owner have right to proceed legally against you.
All contents included on this Site are the property of eComNation and protected by under the provisions of the Copyright Act. All contents included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of eComNation. The compilation of all contents on this Site is the exclusive property of eComNation. All software/source code used on this Site is the property of eComNation. You can electronically copy or download or obtain a print out of any portion of the Site but only for the sole purpose of placing an order on the site or for marketing purposes. Any modification or reproduction of the Site is strictly prohibited. Any distribution, republication, display or performance of the contents of the Site is strictly prohibited. Incorporating any unlawful or offensive contents in any form of the Site is strictly prohibited and eComNation reserves the right to remove or terminate such contents. Any brand names of Site cannot be used without prior written permission. Themes provided are restricted to use in eComNation only. Any reverse engineering or reconstruction of the software is strictly prohibited. All copyrightable expressions embodied in a computer program, including screen displays are exclusive property of eComNation. As you granted us unrestricted, irrevocable and nonexclusive license on the pictures, graphics, display or symbols used by you on the Site; we can use such contents in any manner as per the needs and requirements. Intellectual Property owners have exclusive right for advertising and selling their products through our Site. Any act of third party which violates copyright of any of the Intellectual property owners is strictly prohibited.
The trademarks, service marks and logos which are used and displayed on the website are registered and unregistered trademark of the eComNation. The logo and images on the home page and other pages of eComNation.com cannot be used or communicated or distributed without the specific written permission of eComNation. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. Any use of the trademark of Site will not be permitted without previous written permission. Any use of trademark or service mark of Intellectual Property owners or third party is strictly prohibited.
eComNation has sole proprietary right over advertise or information about any technology, invention, methods and devises in the Site. eComNation have patent right over the software such as source code or the technical application of Site. Visiting the Site and viewing the picture, diagram, description or details, does not enable you to raise any claim or objection towards the proprietary right of the eComNation. Visiting any of the shops in the Site or purchasing any of the patented property, will not enable you to infringe the Intellectual Property right of respective patent holder. Any act violates the patent right of Intellectual Property owners are strictly prohibited. Intellectual Property owners have exclusive and unrestricted right over their patented product used in our Site.
If anyone is infringing any of the Intellectual Property right mentioned above will amounts to infringement. A notice alleging infringement before initiating a court action shall be issued to the violators. The infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
Violation of copy right is a cognizable offence. Delware law not only allows to take infringes to the civil courts, but also to bring additional criminal charges against infringement. The reliefs awarded under civil suits are: Interlocutory/ interim injunction,
Where criminal charges are brought, the infringer faces heavy fines and the risk of imprisonment for not less than six months for their first offence, and not less than 12 months for any subsequent offence. In case any violation of above mentioned Intellectual Property, we are entitled to move under either civil or criminal procedure.
The remedies which we claim for infringement of our Intellectual Property right of patent are:
Interlocutory/ interim injunction. Damages or account of profits. Permanent injunction.
The remedies which we claim for infringement of our Intellectual Property right of trademark are:
An action for passing off in the case of an unregistered trademark. An action for infringement in case of a registered trademark.
To the maximum extent permitted by applicable law, eComNation shall not be liable to you or any third party claiming through you for any damages suffered as a result of your displaying, copying, using or downloading any content.
eComNation shall not be liable to you or any third party for any indirect, exemplary, punitive, special, incidental, or consequential damages (e.g., for loss of data, revenue, profits or use) however arising, whether for infringement of any intellectual property rights, even if we previously advised of the possibility of such damages.
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