Effective Date: October 15, 2026 Version: 1.0 Applies to: All Sellers who offer Products or Services through the Platform.
Article 1: Introduction and Scope
1.1 This document states the duties of a Seller in respect of copyright: the prohibition on infringing content, the Seller's duties on receipt of a takedown notice, the counter-notification procedure available to the Seller, and the repeat-infringer consequences. It binds every Seller who offers Products or Services through the Platform.
1.2 The copyright and DMCA procedure at the platform level, including the designated agent and the statutory notice and counter-notice procedure under 17 U.S.C. § 512, is governed by the DMCA and Copyright Policy. This document states the Seller's obligations under that procedure, incorporates the DMCA and Copyright Policy by reference, and does not restate it. The general duties of a Seller in respect of intellectual property are stated in the Intellectual Property Policy (Sellers) (Intellectual Property Policy (Sellers)).
1.3 If a provision of this document conflicts with the Terms of Use, this document controls for the subject it governs. If a provision of this document conflicts with the terms of a program in which the Seller participates, the program terms control for that program. Policies and help pages explain this document; they do not amend it, and in any conflict this document prevails. Section 512 of Title 17 of the United States Code controls over this document where the two conflict. This document states compliance duties; it is not legal advice.
Article 2: Definitions
2.1 Account: the account a person or business establishes with the Company to use the Platform.
2.2 Buyer: a person who purchases Products or Services through the Platform.
2.3 Company: All About Pawz, LLC, a Tennessee limited liability company.
2.4 Counter-Notice: a counter-notification submitted by a Seller under 17 U.S.C. § 512(g)(3) in respect of material removed or disabled on a takedown notice.
2.5 Order: a Buyer's purchase of Products or Services through the Platform, accepted in accordance with the Order Formation and Acceptance Policy.
2.6 Platform: the websites, applications, and services the Company operates under the name All About Pawz, including aapawz.com.
2.7 Products: goods offered for sale through the Platform.
2.8 Seller: a person or business the Company has accepted to offer Products or Services through the Platform.
2.9 Services: services offered through the Platform, including grooming, veterinary, pharmacy, and fulfillment services, as applicable.
2.10 Takedown Notice: a notification of claimed copyright infringement submitted to the Company's designated agent under 17 U.S.C. § 512(c)(3).
2.11 User Content: content a User submits to the Platform, including listings, reviews, photographs, and messages.
Article 3: Copyright Duties
3.1 A Seller shall not upload or publish an image, text, video, or other content that infringes copyright. A Seller that did not create a photograph, did not commission the photograph, and does not hold a license for the photograph shall not use the photograph. Product images taken from a brand owner, another Seller, or another source without a license infringe under this Article.
3.2 Listing text copied from a brand owner's website, a competitor's listing, or a manufacturer's catalog infringes copyright even where the Product itself is genuine. The genuineness of the Product does not make the text available for use.
3.3 Clearance under this Article covers every element of a listing, including background music in a product video, stock imagery used without a license, and a manufacturer's manual or specification document uploaded as listing content. The Seller shall hold a license or other right for each element before publication.
Article 4: Takedown Notices and the Seller's Duties
4.1 A copyright owner, or the owner's authorized agent, submits a Takedown Notice to the Company's designated agent as provided in the DMCA and Copyright Policy. A compliant Takedown Notice contains the elements stated in 17 U.S.C. § 512(c)(3), including identification of the copyrighted work, identification of the material alleged to infringe and its location with sufficient specificity to locate the material, the complainant's contact information, a good-faith statement, an accuracy statement under penalty of perjury, and a physical or electronic signature.
4.2 A Takedown Notice that lacks an element required by § 512(c)(3) shall not be acted on. The Company shall return an incomplete notice to the complainant, stating the missing elements, for completion.
4.3 On a compliant Takedown Notice, the Company shall remove or disable the identified material expeditiously and shall notify the Seller, stating the material removed, the work claimed, and the identity of the complainant, and stating the Counter-Notice procedure available under Article 5.
4.4 A Seller that receives notice of a takedown shall: (a) not re-upload the removed material, in the same or a modified listing, pending resolution; (b) not list the same material under a different title or Account; and (c) within the period stated in the notice, and in any event promptly, either accept the removal and substitute material the Seller has the right to use, or submit a Counter-Notice under Article 5. A Seller that re-uploads material removed on a Takedown Notice commits a repeat-infringement violation and a willful-infringement finding may be recorded.
4.5 A notice sent to an address other than the designated agent: including a support channel or a Seller's own inbox: is not a Takedown Notice, and the statutory periods under § 512 do not run on it. The Company may treat such a communication as an ordinary intellectual property report under the Intellectual Property Policy (Sellers) (Intellectual Property Policy (Sellers)).
Article 5: Counter-Notification
5.1 A Seller may submit a Counter-Notice where the Seller holds the right in the removed material, holds a license, or has a good-faith belief that the material was removed by mistake or misidentification. A Counter-Notice shall contain the elements stated in 17 U.S.C. § 512(g)(3): identification of the material removed and its location before removal; a statement under penalty of perjury of good-faith belief that the removal was a mistake or misidentification; the Seller's name, address, and telephone number and consent to the jurisdiction of the federal court for the Seller's district, or, if the Seller is outside the United States, for any district in which the Company may be found; and a physical or electronic signature. A submission that lacks any of those elements is not a Counter-Notice.
5.2 The Company shall forward a valid Counter-Notice to the complainant promptly and shall restore the material not less than ten (10) and not more than fourteen (14) business days after forwarding, unless the complainant notifies the designated agent that the complainant has filed an action seeking a court order to restrain the Seller in respect of the material. Where such an action is filed, the material remains removed and the parties resolve the claim in that action.
5.3 A Counter-Notice is not a means of delay. A Seller that submits a Counter-Notice without a good-faith basis is liable for misrepresentation under 17 U.S.C. § 512(f), and that liability rests with the Seller. The perjury statement in a Counter-Notice is a statement under penalty of perjury.
Article 6: Repeat Infringers and Misrepresentation
6.1 The Company terminates the Accounts of repeat infringers, as 17 U.S.C. § 512(i) requires. The implementation of that duty for Sellers is the three-Strike rule in the Intellectual Property Policy (Sellers) (Intellectual Property Policy (Sellers)): three sustained intellectual property violations within three hundred sixty-five (365) days result in termination of the Account. Copyright Strikes and trademark Strikes are recorded in a single pool.
6.2 A successful Counter-Notice, or a finding reversed on appeal, removes the Strike arising from that notice.
6.3 A misrepresentation in a Takedown Notice or in a Counter-Notice carries liability under 17 U.S.C. § 512(f), and that liability rests with the party that made the misrepresentation. The Company keeps a record of each notice, removal, Counter-Notice, and restoration, with the actor and the time of each step, so that responsibility is determinable from the record.
Article 7: Designated Agent
7.1 The Company's designated agent for Takedown Notices and Counter-Notices is as stated in the DMCA and Copyright Policy, at legal@aapawz.com, and as filed with the United States Copyright Office. A Seller shall direct a Counter-Notice to that agent.
Article 8: Fees
8.1 A fee is payable under this document only if the fee is stated in the Seller Fee Schedule. No other charge of any kind is payable, and the Company shall not impose a fee that the schedule does not state.
Article 9: Liability
9.1 Exclusion of certain damages. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive, or consequential damages, or for lost profits, lost revenue, or loss of goodwill, arising out of or relating to this document, even if the party has been advised of the possibility of those damages.
9.2 Cap. To the fullest extent permitted by law, the Company's total liability arising out of or relating to this document shall not exceed the greater of (a) the amounts the Seller paid to the Company under this document in the twelve months before the event giving rise to the claim, or (b) one hundred dollars ($100).
9.3 Carve-outs. This Article does not limit (a) a party's indemnification obligations under this document; (b) liability for fraud or willful misconduct; (c) amounts the Seller owes for Orders, fees, chargebacks, or refunds under this document; or (d) liability that cannot be limited under applicable law.
9.4 Essential purpose. The parties agree that this Article allocates risk between them, that it is an essential part of the basis of their bargain, and that it applies even if a limited remedy fails of its essential purpose.
Article 10: Indemnification
10.1 Duty. The Seller shall indemnify, defend, and hold harmless the Company and its members, managers, employees, and agents from and against every claim, demand, action, loss, liability, judgment, settlement, cost, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) the Seller's breach of this document; (b) the Seller's Products, Services, listings, or User Content; (c) the Seller's violation of any law or of the rights of any person, including copyright infringement and a misrepresentation in a Counter-Notice; (d) product liability, intellectual property infringement, and product recall costs arising from the Seller's Products, listings, or content; and (e) taxes for which the Seller is responsible under this document.
10.2 Procedure. The Company shall give prompt written notice of a claim under this Article. The Seller shall control the defense with counsel reasonably acceptable to the Company. The Company may participate in the defense at its own expense. The Seller shall not settle a claim in a manner that imposes any obligation or restriction on the Company, or that does not release the Company fully, without the Company's prior written consent.
10.3 Survival. This Article survives the termination of this document.
Article 11: Enforcement and Appeals
11.1 Investigation. The Company may investigate any suspected violation of this document. The Seller shall cooperate with an investigation and shall produce the records this document requires the Seller to keep.
11.2 Notice. If the Company determines that the Seller has violated this document, the Company shall give written notice stating the provision violated and the facts relied on, except where notice would compromise an investigation of fraud, a safety risk, or a legal obligation.
11.3 Opportunity to cure. Where a violation is capable of cure, the Seller has ten (10) business days from notice to cure it and to confirm the cure in writing. No cure period applies to fraud, counterfeiting, a risk to the safety of a person or an animal, unlawful conduct, or a violation that by its nature cannot be cured.
11.4 Measures. If a violation is established and is not cured within the period allowed, the Company may, proportionate to the violation: (a) issue a written warning; (b) remove or suppress a listing or content; (c) cancel an Order or a booking; (d) suspend the Account or a program participation, in whole or in part; (e) terminate this document and the Account; and (f) exercise any other right or remedy available under this document or at law. Removal of material on a compliant Takedown Notice is governed by Article 4 and is not dependent on a cure period.
11.5 Disbursement hold. The Company may hold disbursements to the Seller while an investigation under this Article is pending, and shall release amounts not required to satisfy the Seller's obligations when the investigation closes.
11.6 Appeal. The Seller may appeal a measure under this Article by written notice to legal@aapawz.com within thirty (30) days of the measure, stating the grounds and attaching the records relied on. The appeal is decided by a person who did not make the original decision. The Company's decision on appeal is final. A measure remains in effect during an appeal unless the Company directs otherwise in writing. An appeal under this Article does not substitute for a Counter-Notice under Article 5, and the periods in Article 5 run independently of an appeal.
11.7 No waiver by delay. The Company's delay in acting on a violation is not a waiver of the violation or of any later violation of the same kind.
Article 12: Term and Termination
12.1 Term. This document takes effect when the Seller is accepted to offer Products through the Platform and continues until terminated under this Article.
12.2 Termination by the Company. The Company may terminate this document and the Account on thirty (30) days' written notice for any reason, and immediately on written notice if the Seller materially breaches this document, engages in fraud, or becomes ineligible to participate.
12.3 Termination by the Seller. The Seller may terminate this document on thirty (30) days' written notice to support@aapawz.com, provided the Seller has no Order, booking, or investigation outstanding.
12.4 Effect of termination. On termination: (a) the rights granted under this document end; (b) obligations that arose before termination: including payment, refund, chargeback, record-keeping, and indemnification obligations: survive until satisfied; and (c) the Company shall disburse amounts owed, less amounts the Company may set off under this document, within thirty (30) days, except amounts held in connection with an open investigation or dispute.
12.5 Survival. The Definitions, Fees (for accrued amounts), Liability, Indemnification, Enforcement and Appeals (for measures taken before termination), Dispute Resolution, and General Provisions Articles survive termination.
Article 13: Dispute Resolution
13.1 Any dispute arising out of or relating to this document, or to the relationship it governs, is governed by the Dispute Resolution Policy, which is incorporated into this document by reference.
Article 14: General Provisions
14.1 Amendments. The Company may amend this document by posting the amended document in the Document Center and giving notice to the Seller at the email address in the Account. An amendment that materially increases the Seller's fees or obligations takes effect thirty (30) days after notice; other amendments take effect on posting. Continued use of the Platform after the effective date of an amendment is acceptance of it. If the Seller does not accept an amendment, the Seller's remedy is to terminate under Article 12 before the amendment takes effect.
14.2 Notices. (a) Legal notices under this document shall be sent to legal@aapawz.com. Operational notices and all other communications shall be sent to support@aapawz.com. A notice to the Company is effective when the Company acknowledges receipt or, for email, one business day after sending, whichever is earlier. (b) Notices to the Seller are effective when sent to the email address in the Account or posted to the Account's notice facility in the portal, whichever occurs first. The Seller shall keep the email address in the Account current. (c) DMCA notices are given as provided in the DMCA and Copyright Policy, to the designated agent at legal@aapawz.com.
14.3 Governing law. This document is governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Subject to the Dispute Resolution Policy, any proceeding arising out of this document shall be brought in the state or federal courts located in Shelby County, Tennessee, and the parties consent to personal jurisdiction there.
14.4 Severability. If any provision of this document is held unenforceable, the provision shall be enforced to the fullest extent permitted, and the remaining provisions continue in full effect.
14.5 Entire agreement. This document, together with the documents it incorporates by reference, is the entire agreement between the Company and the Seller for the subject it governs and supersedes every prior or contemporaneous statement, communication, or agreement on that subject, whether written or oral.
14.6 Assignment. The Seller shall not assign this document or any right or obligation under it without the Company's prior written consent, and an assignment without consent is void. The Company may assign this document to an affiliate or in connection with a sale of all or part of its business, on notice to the Seller.
14.7 Waiver. A waiver of any provision of this document is effective only in writing and only for the instance stated. No waiver is a waiver of any other provision or instance.
14.8 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This document shall not be construed against a party as its drafter. The English-language text controls over any translation.
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