COPYRIGHT & INTELLECTUAL PROPERTY POLICY

Faire Wholesale, Inc. and its subsidiaries (collectively, “Faire”) respect the intellectual property rights of others and require users to do the same.

It is Faire’s policy, consistent with the Digital Millennium Copyright Act of 1998 (DMCA) 17 U.S.C. § 512(i), to terminate user accounts in appropriate circumstances for repeat infringement. Any users who are terminated for repeat infringement are prohibited from creating new accounts or using alternate accounts on the Faire and/or Faire subsidiary or affiliated websites (the “Sites”), and Faire will not knowingly allow such terminated users to continue using the Sites.

Notification of Copyright Infringement:

Faire responds expeditiously to claims of copyright infringement regarding content on the Sites that are reported to Faire’s Designated Agent, identified below, in accordance with the DMCA.

If you are a copyright owner, are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following Notification of Claimed Infringement (“Notification”) and delivering it to Faire’s Designated Agent, preferably by email. Upon receipt of a complete and valid Notification of Claimed Infringement containing all elements required under 17 U.S.C. § 512(c), Faire will remove or disable access to the allegedly infringing material identified in the notification and, where appropriate and in Faire’s sole discretion, follow the procedures set forth in 17 U.S.C. § 512(g).  

Please note that if you submit a Notification of Claimed Infringement, in accordance with the Faire Privacy Policy located at https://www.faire.com/privacy and the terms of the DMCA, the Notification will be given to the user who Faire identifies as having posted or otherwise provided the material that is the subject of the Notification.

A written Notification of Claimed Infringement must contain the following elements:

1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notification you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including, if applicable, the URL or URLs on the Sites where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address through which you may be contacted.
4. Include both of the following statements in the body of the Notification:
   • “I hereby state that I have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   • “I hereby state that the information in this Notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notification, with all items completed, to Faire’s Designated Agent, by mail or email:

Designated Agent
c/o Faire Wholesale, Inc.
100 Potrero Avenue
San Francisco, CA 94103
[e-mail]

Counter Notification of Copyright Non-infringement:

In accordance with the DMCA, one who has posted material on the Sites that is the subject of a Notification of Claimed Infringement under U.S. copyright law may send Faire a Counter Notification. When Faire receives a Counter Notification, Faire will reinstate the material in question in not less than 10 and not more than 14 business days after Faire receives the Counter Notification unless Faire first receives notification from the copyright claimant that he/she has filed a legal action to restrain the allegedly infringing activity. Faire may also refrain from reinstating the material in question if liability under another law, regulation, or legal authority warrants such, in Faire’s sole discretion, or if Faire otherwise determines the material violates Faire’s policies. To provide a Counter Notification to Faire, please return the following form to Faire’s Designated Agent. Please note that if you provide a Counter Notification, in accordance with the Faire Privacy Policy located at https://www.faire.com/privacy and the terms of the DMCA, the Counter Notification will be given to the copyright claimant.

A written Counter Notification must include the following elements:

1. Identify the material that has been removed or to which access has been disabled and the location (e.g., URL) at which the material appeared before it was removed or access to it was disabled.
2. Provide your mailing address, telephone number, and, if available, email address where you can be contacted.
3. Include both of the following statements in the body of the Counter Notification:
   • “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
   • “I hereby state that I consent to the jurisdiction of the United States Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any United States judicial district in which Faire may be found, and I will accept service of process from the complaining party who notified Faire of the alleged infringement or an agent of such person.”
4. Provide your full legal name and your electronic or physical signature.

Deliver this Notification, with all items completed, to Faire’s Designated Agent, by mail or email:

Designated Agent
c/o Faire Wholesale, Inc.
100 Potrero Avenue
San Francisco, CA 94103
[e-mail]

Notification of Claimed Trademark or other Intellectual Property Infringement:

Please note that Faire is not in a position to mediate trademark or other intellectual property (IP) disputes between asserted trademark or IP owners and users of the Sites. These disputes often involve complex questions of law and fact, where two businesses may have both used the same or similar name or other IP during an overlapping time period, perhaps without knowledge of the other.  Because of this, we strongly encourage trademark or other IP owners to resolve their disputes directly with the user (business) who posted the material in question.

If you are a trademark or other IP owner and you believe your trademark or other IP is being used on the Sites by a user in a way that constitutes infringement, and if you have been unable to resolve your dispute directly with the user who posted the material, provide Faire’s Designated Agent (specified above) with the following information:

1. Your full legal name and your electronic or physical signature.
2. Information reasonably sufficient to permit Faire to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
3. Identification of the trademarks or other IP alleged to have been infringed, including: (i) for registered trademarks, a copy of each relevant trademark registration certificate; (ii) for common law or other trademarks, evidence sufficient to establish your claimed rights in the trademark, including the nature of your use of the trademark, and the time period and geographic area in which the trademark has been used by you; or (iii) for other IP provide a complete description or explanation of the nature of the IP, evidence that you own the IP in the relevant jurisdiction (including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership), and any further documentation or description sufficient for Faire to determine without unreasonable effort that the IP has been infringed.
4. Information reasonably sufficient to permit Faire to identify the use being challenged, including any URL(s) on the Sites where the trademark or other IP is allegedly being used or appears.
5. Include both of the following statements in the body of the Notification:
   • “I hereby state that I have not authorized the challenged use, and I have a good-faith belief that the challenged use is not authorized by law.”
   • “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the intellectual property at issue, or authorized to act on behalf of the owner of the intellectual property at issue.”

Please note that if you provide a Notification of Claimed Infringement, in accordance with the Faire Privacy Policy located at https://www.faire.com/privacy, the Notification will be given to the user who Faire identifies as having posted or otherwise provided the material that is the subject of the Notification.  Upon receipt of the Notification of Claimed Infringement as described above, Faire will seek to confirm the existence of the trademark or other IP on the Sites, notify the registered user who posted the material including the trademark or other IP, and take whatever action, in Faire’s sole discretion, it deems appropriate, including removal of the allegedly infringing material from the Sites.