Copyright Policy

Indie Labs, LLC (“Indie Labs” or “we” or “us”) – makers of Big Cartel, has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. You should read the entirety of this policy whether you may potentially claim infringement or may potentially have to defend a claim against infringement.

The address of Indie Labs’ Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

Upon proper notification of a claimed infringement, Indie Labs will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity;

Procedure for Requesting Removal of Infringing Content

If you materially misrepresent that a product or activity is infringing your intellectual property, you will be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material infringes upon your intellectual property, please contact an attorney before contacting Indie Labs.

If you believe in good faith that certain content found on a Big Cartel hosted site infringes upon a copyright owned by you, you will first need to notify Indie Labs through its designated agent listed below. The notification should include substantially the elements listed below:

1. The requirements for a proper notification are:

   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   3. Identification of the material that is claimed to be 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 Indie Labs to locate the material;
   4. Information reasonably sufficient to permit Indie Labs to contact the notifier, such as an address, telephone number, and, if available, an electronic mail address at which the notifier may be contacted;
   5. A statement that the notifier has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that the notifier is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Sample Notice

   Click on the following link for a sample DMCA notification of infringement form:
   DMCA Notice of Infringement

3. Once the Designated Agent receives a notification that substantially complies with the above requirements, it is Indie Labs’ policy:

   1. To remove or disable access to the infringing material;
   2. To promptly notify the store or user that Indie Labs has removed or disabled access to the material;
   3. That repeat copyright infringers will have their infringing material removed from the system, their account terminated, and will no longer be able to use Big Cartel’s services.

4. Your rights if you have had material removed or disabled.

   If you materially misrepresent that a product or activity is not infringing upon the intellectual property, you will be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material infringes on the intellectual property, please contact an attorney before contacting Indie Labs.

   If you have had material removed or disabled because of a DMCA notification of infringement, you are not without rights. You should know that if you file a proper counter notification declaring your rights to the material in dispute you may have your material restored within 10 to 14 business days if you follow the correct procedures. Upon receipt of the counter notification, Indie Labs will be required to provide a copy of the notice to the person claiming infringement along with a written statement that the removed content will be replaced in 10 business days unless such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network. Therefore, if you have had material removed or disabled and file a proper counter notification as detailed below and the party claiming infringement does not take action in court to enforce its rights, you will have your material restored in 10 business days after receipt of your counter notification.

5. The requirements for a proper counter notification are:

   1. A physical or electronic signature of the user;
   2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
   3. A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
   4. User’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the user’s address is located, or if the user’s address is located outside the United States, for any judicial district in which Indie Labs is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

6. Sample Counter Notice

   Click on the following link for a sample DMCA counter notification form:
   DMCA Counter Notification

7. Once the Designated Agent receives a counter notification that substantially complies with the above requirements, it is Indie Labs’ policy:

   1. To provide a copy of the counter notification to the copyright owner who notified Indie Labs of the alleged infringement; and, inform the copyright owner that Indie Labs will replace the removed material or cease disabling access to it in 10 business days; and
   2. To replace the removed material and cease disabling access to the material not less than 10, but no more than 14, business days following receipt of the counter notification, unless, the designated agent receives notice within that time frame that the copyright owner has filed an action in court to restrain the Big Cartel user from engaging in allegedly infringing activity.

8. LIMITATION OF LIABILITY

   IN NO EVENT SHALL INDIE LABS, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF REMOVAL OR DISABLING OF CONTENT OR MATERIAL IN CONNECTION WITH A DCMA NOTICE OF INFRINGEMENT BY A THIRD PARTY. INDIE LABS’, ITS SUPPLIERS’, AND SERVICE PROVIDERS’, CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO [THE GREATER OF (A)] THE AMOUNT OF FEES YOU PAY TO INDIE LABS FOR (I) THE SOFTWARE LICENSE AND (II) THE SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (U.S. $100).

   Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Designated Agent to receive notification of claimed infringement:

Indie Labs, LLC
Attn: Legal Department
159 W Broadway #206
Salt Lake City, UT 84101
801-448-7776
contact (at) indielabs.com