曾玉婷
发布于 2024-08-06 / 3 阅读 / 0 评论 / 0 点赞

LesPark User Rights Protection Statement and Infringement Complaint Guidelines

  1. Statement on the Protection of Rights of LesPark Users

LesPark platform (including the LesPark website,LesPark App and official social media accounts ,hereinafter referred to as "LesPark") contains a large number of information uploaded by end-users, information published by third parties, information published by channel managers, services provided by third-party providers, and other information from the Internet.

 

"LesPark" is a neutral platform service provider, which only provides users with information storage space, and "LesPark" does not provide any form of guarantee for the content and services published or reproduced by users and third parties on the platform. In accordance with relevant laws and regulations, "LesPark" hereby formulates this infringement complaint guideline, and any third party (including but not limited to individuals, companies, enterprises, social groups, etc.) who believes that the postings, comments, contents, services or live streaming on the platform infringe on their legitimate rights and interests, can initiate a written complaint to "LesPark" in accordance with this guideline.

 

If you find that the posts, comments, contents, services or live streaming on the "LesPark" platform infringe upon the legitimate rights and interests of others, and you are not the relevant right holder or do not meet the relevant infringement complaint qualifications, you can give relevant feedback through the reporting function set up by "LesPark", and "LesPark" will independently investigate and deal with it.

 

Infringement complaint is a serious legal act, according to the relevant laws and regulations , you should provide your real identity information when making infringement complaints, counter-notices and related complaints in "LesPark", and "LesPark" does not accept any form of anonymous complaints initiated in accordance with these guidelines.

 

  1. Reasons of infringement complaints

"LesPark" receives the following types of infringement complaints:

(1) Situations that infringe on natural persons' personal rights and interests, including libel, slander, leaks of portrait rights and privacy, and imposter;

(2) Infringement of intellectual property rights, including trademark infringement, patent infringement, copyright infringement, and trade secrets infringement.

(3) Other circumstances that infringe upon the lawful rights and interests of enterprises, including libel, slander, and counterfeiting of enterprise identity.

For illegal content that does not fall within the scope of infringement complaints, it is recommended to give feedback through the "LesPark" reporting function.

 

  1. Infringement Complaint Procedure

(1) Notification procedures

a.If the right holder believes that the relevant posts, comments, contents, services, or live streaming in "LesPark" infringe upon its legitimate rights and interests, please download the Notice of Infringement Complaint, fill in the notice and provide corresponding supporting materials according to the guidelines and requirements in the notice.

b.Please send the completed "Notice of Infringement Complaint" and supporting materials to the email address specified in this guideline.

c. "LesPark" will conduct a preliminary review after receiving the materials. Complaints that meet the requirements will be handled, and "LesPark" will not accept any unclear cause of action, inconsistent materials or other non-compliant situations until the right holder completes the information. After receiving a complaint, LesPark will conduct a preliminary review of the content of the materials and make a decision. If the complaint is approved, LesPark will take appropriate measures to prevent further damage.

d. "LesPark" has the right to request the right holder to provide or supplement the corresponding materials according to the specific circumstances during the review process, and the right holder shall reply or supplement within a reasonable period of time set by "LesPark". The right holder may also take the initiative to withdraw the complaint. Regardless of whether the right holder voluntarily withdraws or is deemed to have withdrawn, "LesPark" has reason to believe that the infringement situation complained of did not exist from the beginning. If the right holder requests to withdraw the complaint after "LesPark" has dealt with the complained contents, "LesPark" may allow it, but will not accept a new complaint from the right holder on the same factual grounds.

e. In accordance with the relevant laws and regulations of the state, after receiving the relevant complaint materials from the complainant, the "LesPark" platform may forward them to the respondent, so that both parties can actively present evidence and resolve the dispute. The scope of the transferred materials will include the complainant's name, contact email address, ownership certificate and other evidence of preliminary evidence of infringement, but does not include the complainant's private telephone number, identity document and other private information and materials that the complainant has declared in advance that it is inconvenient to transfer.

 

(2) Counter-notification procedures

The Complainant shall be aware that when "LesPark" decides to take reasonable measures such as blocking and deleting according to the complainant's application and supporting materials, it will then notify the respondent of "LesPark" of the notice and related measures.

If the respondent of "LesPark" believes that its behavior has not infringed the legitimate rights and interests of the complainant, it shall file a counter-notification appeal with "LesPark" in accordance with the following procedures and requirements within 5 working days after receiving the notice:

a.The respondent downloads the "Statement of Non-Infringement", fills in and prepares the complaint materials according to the requirements in the form.

b.The respondent shall send the completed "Statement of Non-Infringement" and the complaint materials as attachments to the email address specified in these guidelines.

c.Upon receipt of the declaration, "LesPark" will conduct a preliminary review and forward the declaration to the complainant. If, after review, it is found that the respondent's reasons for appeal are sufficient and the evidence is sufficient, "LesPark" will decide whether to lift the aforesaid reasonable disposal measures according to the circumstances and inform the complainant that he or she can file a complaint with the relevant competent authority or file a lawsuit with the people's court. If "LesPark" does not receive the notice that the right holder has filed a lawsuit or declared a lawsuit within 15 days after the statement is conveyed to the complainant, the aforesaid reasonable disposal measures may be lifted.

 

  1. Address for service of notices and counter-notices

Notices and counter-notices should be sent by e-mail to the following e-mail address:

tort@lespark.us

Processing time: After receiving your email, LesPark generally processes and responds within five working days. If your complaint is a difficult or complex issue, the processing time may be extended, please wait patiently.

 

  1. Precautions for complaints

(1) In order to ensure that the complaint can be resolved in a timely and effective manner, please provide true, effective, complete and clear materials in accordance with the requirements of the guidelines, otherwise the complaint will not be handled.

(2) The complainant shall ensure that the submitted materials are true, valid and legal, and bear all legal consequences and joint and several liabilities caused by requesting "LesPark" to block and delete the relevant infringing links.

(3) "LesPark" has the right and obligation to judge, handle and reply to the complainant's complaint within the scope of the laws and regulations and the cognitive level and ability of the auditors. "LesPark" does not make any kind of promise or guarantee that the complainant's complaint will receive a certain outcome.

(4) This guideline shall take effect upon its proclamation, and "LesPark" has the right to modify this guideline at any time under the law.