Last updated on March 4, 2023

Addresses copyright infringement notifications, how to submit a copyright infringement complaint, response to clear notifications of alleged copyright infringement that comply with the United States DMCA of 1998, and is a legally binding agreement (i.e., terms and conditions) between you (i.e., the following terms: “you”, “your”, “user”, “guest”, “customer”, “account-holder”, “event participant”, “community-member”, and/or “affiliate”) and Fumix Limited Liability Company (i.e., the following terms: “us”, “we”, “our”, “Trending Babies USA).

• If you enter into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such business/entity to this agreement, in which case “you” and its terms shall refer to such business/entity.
• If you do not agree to the terms/conditions of this agreement or do not have the authority to bind such business/entity, you must not accept this agreement and may not access and use any components of our Platform.
• If you access and use our Platform, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this agreement. You further acknowledge this agreement is a legally binding agreement/contract between you and us and governs your use of our Platform, even though it is an electronic confirmation and not physically signed by you.
• This Policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage.

Our Platform includes our flagship store and website, Etsy store, social media venues, events, automated program interfaces, point-of-sales systems, fulfillment software, products, and services.

Protecting intellectual property is important to us and we ask our users and their authorized agents to do the same.

Considerations before submitting a copyright complaint

Before submitting a copyright complaint to us, consider whether the use could be considered fair use. Fair use states that brief excerpts of copyrighted material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder. If you considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with the user.

Please note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users if you knowingly misrepresent the material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

We may, at our discretion or as required by law, share a copy of your notification or counter-notification with third parties. This may include sharing the information with the account holder engaged in the allegedly infringing activity or for publication. If you are concerned about your information being forwarded, you may wish to use an agent to report infringing material for you.

Notifications of infringement

If you are a copyright owner or an agent thereof, and you believe that any material available on our Platform infringes your copyrights, then you may submit a written copyright infringement notification using the contact details below pursuant to the DMCA by providing us with the following information via email at management@fumixcustomdesigns.com:

• Identification of 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.
• Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the URL or URLs of the web pages where the allegedly infringing material may be found.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

All such Notifications must comply with the DMCA requirements. You may refer to a DMCA takedown notice generator or other similar services to avoid making mistake and ensure compliance of your notification.

Filing a DMCA complaint is the start of a pre-defined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material as well as a permanent termination of repeat infringers’ accounts. A backup of the terminated account’s data may be requested; however, it may be subject to certain penalty fees imposed. The final penalty fee will be determined by the severity and frequency of the violations.

If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access, which may include a full copy of your notification (including your name, address, phone, and email address), along with instructions for filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this policy, we reserve the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.

Counter-notifications

A user who receives a copyright infringement notification may make a counter-notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act. If you receive a copyright infringement notification, it means that the material described in the notification has been removed from our Platform or access to that the material has been restricted. Please take the time to read through the notification, which includes information on the notification we received as well as instructions on how to file a counter-notification.

To file a counter-notification with us, you must provide a written communication that sets out the information specified in the list below:

• Identification of the material that has been removed or to which access has been restricted and the location at which the material appeared before it was removed or access to it was restricted.
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or restricted, because of mistake or misidentification of the material to be removed or restricted.
• A statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
• A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

Please note that you may be liable for, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is not infringing the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification, you may wish to contact an attorney before filing a counter-notification.

Notwithstanding anything to the contrary contained in any portion of this policy, we reserve the right to take no action upon receipt of a counter-notification. If we receive a counter-notification that complies with the terms of 17 U.S.C. § 512(g), we may forward it to the person who filed the original Notification.

The process described in this policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.

Changes and amendments

We reserve the right to modify this policy, or its terms related to our Platform at any time at our discretion. When we do, we will revise the date at the top of this page, post a notification on the main page of the Website, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this policy will be effective immediately upon the policy’s posting unless otherwise specified. Your continued use of our Platform after the effective date of the revised policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your personal information in a manner materially different than stated at the collection time of your personal information.

Acceptance of this policy

You acknowledge that you have read this policy and agree to its terms and conditions. By accessing and using our Platform you agree to be bound by this agreement and policy. If you do not agree to abide by the terms and/or conditions of this agreement or policy, you are not authorized to access or use our Platform.

Contacting us

If you have any questions, concerns, complaints, suggestions regarding this policy, we encourage you to contact us at management@fumixcustomdesigns.com.