Date of Last Update: October 20, 2017

 

ThreeSixty Brands Group, LLC, owner of the FAO Schwarz trademark and brand (“FAO Schwarz”), respects the legitimate intellectual property rights of others and expect our users to do the same.

 

It is our policy to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others in accordance with the U.S. Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA").  We have adopted an efficient notice and takedown procedure as required by the DMCA and described below.

 

NOTICE TO OWNERS OF COPYRIGHTED WORKS

The DMCA specifies a legal procedure by which you can request that access be disabled to your copyrighted work(s) that appear without your permission.  There are two parts to this legal procedure: (1) writing a proper DMCA notice, and (2) sending the proper DMCA notice to our designated agent (see designated agent information below).

 

HOW TO WRITE A PROPER DMCA NOTICE

A proper DMCA notice will notify FAO Schwarz of particular facts in a document signed under penalty of perjury.  To write a proper DMCA notice, please provide the following information:

 

  Identify yourself as either:

(a) the owner of a copyrighted work(s), or

(b) a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  State your contact information, including your true name, street address, telephone number, and email address.

  Identify the copyrighted work that you believe is being infringed, or if a large number of works are appearing, a representative list of the works.

  Identify the material that you claim is infringing your copyrighted work, to which you are requesting that FAO Schwarz disable access.

  Identify the location of the infringing material, by providing information reasonably sufficient to permit FAO Schwarz to locate the material.

  State that you have a good faith belief that use of the infringing material in the manner complained of is not authorized by the copyright owner, its agents, or the law.

  State that the information in your DMCA notice is accurate, under penalty of perjury.

  Sign the notice with either a physical or electronic signature.

 

SENDING THE DMCA NOTICE TO OUR DESIGNATED AGENT

To exercise your DMCA rights, you must send your proper DMCA notice to the following agent designated by FAO Schwarz (the “Designated Agent”).  The contact information for FAO Schwarz's Designated Agent is:

 

Legal Department
MerchSource, LLC
15 Cushing
Irvine, CA 92861
legal@merchsource.com

 

RECEIPT OF A PROPER DMCA NOTICE

Upon receipt of a proper DMCA notice, FAO Schwarz will follow the procedures provided in the DMCA, which specifies a notice and takedown procedure, subject to the right to submit a counter-notification claiming lawful use of the disabled works.

 

NOTICE & TAKEDOWN PROCEDURE

It is expected that all users of any part of FAO Schwarz’s websites will comply with applicable copyright laws.  However, if FAO Schwarz is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity.  FAO Schwarz will comply with the appropriate provisions of the DMCA in the event a counter-notification is received by its Designated Agent.

 

NOTICE TO USERS OF FAO SCHWARZ’S WEBSITES

Pursuant to the TERMS OF SERVICE each user agreed to when he or she opened an account with FAO Schwarz, such user is required to submit only lawfully-acquired content (“User Content”).  User Content may be disabled upon receipt of notice that it infringes a third party’s copyrights.  FAO Schwarz also respects the legitimate interests of a user’s right to utilize media content lawfully.  Each user faced with a proper DMCA notice will be permitted to present a response to claims of infringement, and obtaining timely restoration of access to User Content that has been disabled due to a copyright complaint.  A user may protest a DMCA notice by submitting a counter-notification as described below.

 

WRITING & SUBMITTING A COUNTER-NOTIFICATION

If access to your User Content is disabled due to the operation of FAO Schwarz’s notice and takedown procedure described above, and you believe the takedown was improper, you must submit a counter-notification to our Designated Agent.

 

A proper counter-notification must contain the following information:

Your physical or electronic signature.

Your name, address, and telephone number.

Identification of the material that has been removed and designation of its URL prior to removal.

A statement, under penalty of perjury of that you have a good faith belief that the material was removed or disabled as result of mistake or misidentification.

Your consent to the jurisdiction of the Federal District Court for the judicial district in which you live (if you are in the U.S.), or in the district where FAO Schwarz is located (if you are not in the U.S.).

Your consent to accept service of process from the party who submitted the DMCA notice.

 

To exercise your DMCA rights, you must send your counter-notification to our Designated Agent.  The contact information for FAO Schwarz's Designated Agent is:

 

Legal Department
MerchSource, LLC
15 Cushing
Irvine, CA 92861
legal@merchsource.com

 

REPEAT INFRINGERS

FAO Schwarz may, in its discretion, use all appropriate means to terminate user access to its system or network who are repeat infringers of intellectual property rights.

 

NON-COMPLIANT COMMUNICATIONS

FAO Schwarz has discretion to handle non-compliant notices (DMCA notice or counter-notices) in whatever manner appears to be reasonable given the circumstances presented.

 

SUBMISSION OF MISLEADING INFORMATION

The submission of misleading information of any sort in a DMCA notification or counter-notification submitted to FAO Schwarz voids any claim of right made by the submitting party.