Terms & Conditions
Effective Date: 18 December, 2024
Welcome, and thank you for visiting our website https://www.enforceshield.com/ (hereinafter – "We", "Us", "Website" or "EnforceShield").
Before using any feature of the Website or services accessible via the Website, please take your time to thoroughly read and understand the following terms and conditions (hereinafter – "Terms").
These Terms will form a legally binding agreement between you (hereinafter – "You" or "User") and the operator of the Website (hereinafter – "UAB "Enforceshield"") whenever you’ll be using the Website.
If You have not read and/or understood the provisions of these Terms, We recommend that You stop using the Website and refrain from making any purchases via the Website.
1. GENERAL INFORMATION
EnforceShield is a platform owned and operated by UAB "Enforceshield", designed to help individuals and entities report intellectual property violations, including but not limited to copyright, trademark, and design infringements. Our Website provides a straightforward process for reporting potential intellectual property infringements. By filling out a report with the necessary details about intellectual property infringement, You enable Us to prepare and submit a formal DMCA takedown notice on your behalf to the appropriate parties or platforms.
If You have any questions about our legal services or need assistance with your report/ intellectual property matters, please contact Us at:
Email: info@enforceshield.com
We reserve the right to modify the Terms for this Website and its offerings. Such changes will be effective upon notice, which can be provided through postings on the Website or emails, or other reasonable means. Your continued use of the Website after being notified of these modifications will be considered acceptance of the updated Terms.
2. ACCEPTANCE OF TERMS
By accessing and using our Website and services, You acknowledge that You have read, understood, and agree to these Terms and our Privacy Policy. You represent that You have the authority to bind yourself or, if applicable, the entity on whose behalf You are acting to these Terms.
3. ELIGIBILITY
By agreeing to these Terms, You represent and warrant to Us that:
- You are at least 18 years of age;
- You possess a valid claim to the intellectual property you report or are authorized by the intellectual property owner to submit the report;
- You will provide truthful, accurate, and complete information in your report submissions.
4. SERVICES AND FEES
EnforceShield offers comprehensive intellectual property infringement reporting services to support and enforce your rights across a range of platforms, including websites, social media channels, and other online and offline environments where alleged violations may have transpired.
Upon submission of the report on our Website, which includes detailed information about the alleged violation, a qualified lawyer of UAB "Enforceshield" will review the report. This initial review is conducted to assess the nature, scope, and particulars of the alleged infringement. Following this review, lawyer of UAB "Enforceshield" will develop a customized strategy to address the violation effectively.
To formalize our engagement, We will prepare a Legal Services Agreement, which serves as the contractual basis for our representation. By signing Legal Services Agreement, You authorize UAB "Enforceshield" to act on your behalf in pursuing remedial actions across the relevant platforms, social media channels, and other entities responsible for the alleged violation. At this stage, We will issue an invoice specifying a fixed service fee.
Services will be provided only upon receipt of the advance payment of the full-service fee.
Please be advised that the service fee is non-refundable.
5. SUBMISSION OF THE INTELLECTUAL PROPERTY INFRINGEMENT REPORT
To initiate a report, You will need to complete the intellectual property violation report form available on our Website. This form requires specific information to ensure We have the necessary details to prepare a formal DMCA takedown notice. The information requested may include:
- Personal Information: your full name and contact email address.
- Details of the intellectual property: a description of the intellectual property allegedly being infringed, such as a link to the infringement, copyright registration details, trademark information, design registrations, or other identifiers.
After completing the form, We encourage You to review all the information for accuracy and completeness. Providing precise and truthful information will help ensure the effectiveness of the report and reduce the need for follow-up inquiries.
Once your report is submitted, We conduct a preliminary assessment to verify the provided information. During this stage, We check for the completeness of the report and the accuracy of the details necessary to proceed with the formal DMCA takedown notice.
If additional information or clarification is required, We will contact You using the email address provided in the report form.
6. OUR ACTION AFTER RECEIVING THE REPORT
Based on the information provided in your report, We will prepare DMCA takedown notice against the alleged infringer. The DMCA takedown notice will include all relevant details about the intellectual property violation, including proof of ownership, description of the intellectual property rights, specific instances of alleged infringement, and specified legal requirements/grounds and/or any other necessary information.
Depending on the nature of the infringement and the platform or entity involved, the DMCA takedown notice will be submitted to the appropriate parties, such as online marketplaces, social media platforms, hosting providers, or other entities managing the infringing content.
Once the recipient is identified, the DMCA takedown notice, along with all supporting documentation, will be submitted in accordance with the specific platform or authority’s requirements.
After the DMCA takedown notice is submitted, We will notify You that the notice has been filed and provide information about the expected response timeline, if available.
While We aim to facilitate action on your report, We cannot guarantee a specific outcome or timeframe, as each platform or recipient has its own process and timeline for handling intellectual property violation complaints. If further action is necessary, We will reach out to providing additional details and recommendations on the next steps. Should You require guidance on legal avenues to pursue this matter or additional support in protecting your intellectual property, We are available to address your concerns and provide relevant information.
7. YOUR OBLIGATIONS AND PROHIBITED CONDUCT
To complete a report on our Website, You may be required to provide personal information, such as your name, email address, along with relevant details about the alleged intellectual property violation. By using this Website, You agree to provide true, accurate, and current information. This ensures the validity of the DMCA takedown notice and allows Us to communicate with You effectively regarding your report.
You affirm that You either own the intellectual property that is the subject of the report or have valid authorization from the IP owner to act on their behalf. You are responsible for ensuring the legitimacy of your claim, and by submitting a report, You confirm that you have a good-faith belief that the reported material constitutes an infringement of your rights or the rights of the IP owner You represent.
You agree to keep your contact information accurate and up to date throughout the reporting process. If your contact information changes, You are responsible for notifying Us to ensure proper communication.
By using this Website, You agree not to engage in any of the following prohibited actions:
- You agree not to submit any report or information that You know to be false, inaccurate, or misleading. Providing incorrect information, whether intentionally or negligently, may lead to legal consequences and termination of your access to our services.
- You shall not falsely claim ownership or authorization to act on behalf of an intellectual property owner. Any attempt to submit a report without valid ownership or authority is prohibited.
- You agree not to misuse the reporting system by submitting excessive, repetitive, or vexatious reports, including but not limited to:
- Filing multiple reports for the same alleged violation.
- Reporting in a manner intended to harass, annoy, or harm other users, third parties, or platforms.
- You shall not engage in any activity that is unlawful, fraudulent, or intended to deceive. This includes attempting to use our Website to gain a competitive advantage unlawfully, such as by reporting a competitor’s content without a legitimate basis.
- You agree not to use this Website to collect, store, or attempt to obtain other users' or third parties' personal information without their consent. This includes not using the platform to gather information for purposes other than reporting intellectual property violations as authorized by these Terms.
- You shall not attempt to interfere with the proper functioning of our Website, including but not limited to:
- Engaging in any activity that could disrupt or interfere with our servers, networks, or technical infrastructure.
- Uploading or distributing viruses, malware, or other harmful code.
8. INTELLECTUAL PROPERTY
In the context of these Terms, the term "intellectual property rights" encompasses an array of legally recognized rights, including, but not limited to, trademarks, copyrights, domain names, database rights, design rights, patents, and all other forms of intellectual property rights, whether they are registered or unregistered, collectively referred to hereinafter as "Intellectual Property”.
Unless explicitly stated otherwise and except for third-party content and trademarks, all copyrights and Intellectual Property contained within the Website, including its source code, databases, functionality, software, designs, text, photographs, and graphics, are owned or controlled by UAB "Enforceshield" and are protected by copyright and trademark laws. Any reproduction or use of the Website contents without prior written approval from Us is strictly prohibited.
It is strictly prohibited to upload, transmit, or distribute any content that violates or misappropriates the Intellectual Property of third parties.
You agree to indemnify, defend, and hold Us harmless from any claims, losses, damages, liabilities, costs, or expenses arising out of or related to any infringement of Intellectual Property resulting from Your use of the Website or uploaded through the Website.
We reserve the right to modify, suspend, or discontinue any aspect of the Website, including the availability of any features or content, without prior notice. We shall not be liable to You or any third party for any such modifications, suspensions, or discontinuations.
9. PERSONAL DATA PROTECTION
Please carefully review and read EnforceShield Privacy Policy for details regarding the collection, use, storage and disclosure of your personal information. The EnforceShield Privacy Policy hereby integrated by reference into, and constitutes a part of, these Terms.
10. DISCLAIMER OF WARRANTIES
Our services are provided "AS IS" and "AS AVAILABLE" without any warranties, express or implied. We do not guarantee that the information provided in the DMCA takedown notices will result in action by any third parties or that the alleged infringement will be addressed by the relevant authorities.
11. LIABILITY
We bear no responsibility for the availability or content of any external websites or links found on the Website. By consenting to these Terms, You acknowledge that the use of third-party websites, ads, or links may be subject to the terms and conditions and/or privacy policy of the third party. The terms and conditions of third-party discount/savings offers, including refund and cancellation policies, are governed by those third-party policies, not by these Terms. If you have concerns regarding such links, the content on such sites, or the specific criteria for using such offers, You should contact the third-party site administrator or webmaster.
We will not be responsible if information made available on this Website is not accurate, complete, or current. Any reliance on the material on this Website is at your own risk.
12. INDEMNIFICATION
By using EnforceShield and agreeing to these Terms, You agree to indemnify, defend, and hold harmless UAB "Enforceshield", its partners, attorneys, lawyers, employees, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Any inaccuracies, misrepresentations, or omissions in the information or documentation You provide to Us in connection with your report. This includes all data submitted in intellectual property violation reports or any information communicated to us through the Website or other means.
- Any breach of these Terms, including but not limited to the "Responsibilities and Prohibited Conduct" section, as well as any unauthorized or unlawful conduct or misuse of the Website.
- Any disputes, claims, or legal actions arising from your assertion of ownership or authorization over the Intellectual Property in question, including cases where the legitimacy of your claim or authorization is challenged by a third party.
- Any consequences, direct or indirect, of the submission of a formal DMCA takedown notice prepared by UAB "Enforceshield" on your behalf, including but not limited to actions taken or not taken by third parties, authorities, or platforms in response to the DMCA takedown notice.
- Any claim or demand by a third party arising from or related to the use of this Website, including any alleged infringement or violation of Intellectual Property rights, defamation, or privacy rights, where such claims are based on your actions or use of our Website and its services.
You agree that this indemnification obligation includes payment of any costs, damages, and legal fees incurred by UAB "Enforceshield" and the Indemnified Parties in defense of such claims or actions. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which case You agree to cooperate fully with Us in asserting any available defenses.
Upon learning of any potential indemnifiable claim, We will promptly notify You, allowing you the opportunity to participate in the defense. You agree to cooperate fully and provide any information, documents, or support necessary to defend against such claims.
By using EnforceShield You acknowledge that You are solely responsible for the accuracy of the information You provide and the legitimacy of any claims of Intellectual Property rights. This indemnification clause is intended to protect the UAB "Enforceshield" and its Indemnified Parties from the costs and risks associated with defending against claims arising from your use of this service.
13. GOVERNING LAW AND DISPUTES
These Terms and the relationship between You and Us shall be governed by and interpreted under the laws of the Republic of Lithuania.
If you have complaints related to the Website, including fees, refunds, service quality, or any other issue, please contact Us first at info@enforceshield.com. By agreeing to these Terms, You commit to not seek refunds through your bank or credit card operator before contacting Us and giving Us the opportunity to address your concerns.
If We cannot resolve a dispute informally, both parties agree that any claims or disputes related to these Terms will be governed by the laws of the Republic of Lithuania and resolved exclusively by the courts of the Republic of Lithuania. However, We reserve the right to bring proceedings against You in your country of residence or another relevant jurisdiction for any breach of these Terms.
If a resolution cannot be reached or if You have additional complaints, You may:
- Submit a complaint to the State Consumer Rights Protection Authority (SCRPA) of Lithuania (Vilniaus g. 25, 01402 Vilnius, Lithuania; tarnyba@vvtat.lt; phone: 8 5 262 67 51; website: www.vvtat.lt).
- File a complaint on the EU’s Online Dispute Resolution platform at http://ec.europa.eu/odr.
- Initiate proceedings in the Republic of Lithuania based on the Company’s location.
- Submit a complaint to your local consumer protection authority or local court if the consumer protection laws in your place of residence allow it.
MISCELLANEOUS
These Terms are governed by the laws of the Republic of Lithuania.
If any provision of these Terms is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions herein.
You can view the most recent version of these Terms on this Website. We reserve the right to update or modify these Terms at any time by posting changes on the Website.
For any questions about these Terms, please contact Us at info@enforceshield.com
CONTACT INFORMATION
UAB "Enforceshield"
Legal entity code: 307039507
Address: Aludarių str. 9-14, LT-01113 Vilnius, Lithuania
E-mail address: info@enforceshield.com
