Intellectual property policyIntellectual Property and Publicity RightsFan Made Fits is a vibrant community of artists, influencers and fashion enthusiasts. Art and fashion is what we do. But we must respect the rights of all artists around the world. We humbly ask that all of our users adhere to all local laws regarding intellectual property and publicity rights. This will allow us to continue to grow our community. Fan Made Fits protects the rights of artists.In short, stealing other people’s designs and work and passing it off as your own is against the law.Please use the email dmca@fanmadefits.com to submit all IP related notices and counter-notices.Laws and RegulationsWe are a global community. Laws may not be uniform around the world. However in general:COPYRIGHT law protects the expression of an original idea recorded in a tangible form, such as artwork in the form of photographs or paintings and literary works in the form of poems or stories.TRADEMARK law protects the use of words, symbols, designs or logos that identify and distinguish a source of goods.PUBLICITY RIGHTS protect an individual’s name, image and likeness. Basically this means you can’t use someone else’s identity, to your commercial advantage, without their consent.A NOTE ON FAIR USE: You might be able to incorporate someone else's copyright or trademark into your own work, if you do it in such a way that that is considered 'fair use' or in such a way that qualifies as another permissible use. However, please be aware that “fair use” typically applies in limited circumstances and isn’t the same as “freedom of speech”. Quite frankly “fair use” is a difficult concept, even for the experts, and the scope of “fair use” is different in different countries. So even if you think you’ve created a work covered by “fair use” or another permissible use, you should talk to an attorney prior to using it in connection with the Fan Made Fits service. While some uses might appear “fair” or permissible to you, we ask that you understand that Fan Made Fits must act in accordance with its Notice and Takedown procedure when a report has been received. Additionally, certain works may be taken down without a specific report being received if we are otherwise alerted or aware of potential infringement issues.Finally, you take full responsibility for the works you upload and display on Fan Made Fits. This is reflected in the Fan Made Fits User Agreement.Finally, you take full responsibility for the works you upload and display on Fan Made Fits. This is reflected in the Fan Made Fits User Agreement. Use of the Fan Made Fits website indicates continued acceptance of this Agreement.So in short, please make sure you obtain consent to post other people’s art or products on Fan Made Fits.REPEAT INFRINGER POLICY: It is Fan Made Fits’ policy, in appropriate circumstances, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademark rights, other intellectual property rights or publicity rights of others.Notice and Takedown Procedure - Reports and ComplaintsFan Made Fits respects intellectual property rights of others and we ask all our users to do the same. If your content has been used in a way that constitues an infringement of your rights, please notify dmca@fanmadefits.com for complaints (include the information below):
  1. an electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter;
  2. a description of the matter claimed to have been infringed;
  3. a description of where the claimed infringing content is located on Fan Made Fits;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorised by the owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that:
a. the above information is accurate; andb. you are authorised to act on behalf of the owner of the rights involved.Please use the email dmca@fanmadefits.com to submit your Notice/Takedown Report. Additionally, in certain circumstances, Fan Made Fits may suspend or terminate users who in our opinion infringe the copyrights, trademarks, publicity rights, or other rights of others purposely.If Your Work Has Been Included in a Notice/Takedown ReportIf the Fan Made Fits Approval Team has received a Notice and Takedown Report which specifically notes one or more of your works, the noted works will have been removed. You will not be able to view or update these works.The Notice and Takedown Report that has been received may or may not have also included other works by other artists, and by removing the work, we are not stating that your work does or does not infringe copyright, trademark or publicity rights law.We have a legal obligation to act on reports filed in accordance with our IP/Publicity Rights Policy.While the work may not have been a direct copy of someone else's work, it may contain elements, logos, or personal likenesses which may infringe on another's rights.If you believe a report was in error or should not apply to your work, you have the right to lodge a counter-notification.We do apologize that we are legally not able to provide individual copyright, trademark or publicity rights advice, or give personal opinions on these matters.We recommend that you research the relevant copyright, trademark and publicity rights laws and their application to your work on the Internet, or consult an I.P. specialist if you are unsure why your specific work may have been included in a Notice and Takedown Report.Filing a Counter NoticeIf you believe that removal of the content is the result of a mistake (for example, that you have authorisation) or misidentification, you can send us a Counter Notice using the form below. Such counter-notice must provide the following information:
  1. An electronic or physical signature of the person authorised to act on behalf of the owner of the relevant matter;
  2. a description of the content which we have removed, including the URL on which the content was located on the Fan Made Fits site;
  3. your address, telephone number, and email address
  4. a statement by you that you consent to the jurisdiction of the Federal District Court, San Francisco County, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person;
  5. a statement by you that, under penalty of perjury, you 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.
Please email dmca@fanmadefits.com to submit your counter-notice.If we receive your counter-notice but your work does not comply with the Fan Made Fits User Agreement and/or IP/Publicity Rights Policy, we may inform you that we are not able to reinstate your work. We may also request further information from you in order to determine whether the work can be reinstated.In many circumstances, however, we will forward your Counter Notice directly to the complainant, which will include your personal contact information. At that time the complainant may take legal court action against you in the United States. If after 14 days the complainant has not taken legal action against you, you may contact us to request that we reinstate your work. If your work otherwise complies with our User Agreement and IP/Publicity Rights Policy, we may reinstate your work at that time.
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