Copyright and Takedown Policy

Our approach

ShopFast hosts stores that sellers run. Sellers must have the rights to everything they sell and publish (see the Acceptable Use Policy). We respond to notices of copyright infringement under the United States Digital Millennium Copyright Act (17 U.S.C. §512), and to notices of illegal content under the EU Digital Services Act and the law of the UK, as this policy describes. It is part of the Terms of Service.

Sending a copyright notice (DMCA)

If you believe material in a store on ShopFast infringes a copyright you own or are authorised to act for, send a notice to our designated agent, below, or through Report abuse. Under 17 U.S.C. §512(c)(3), the notice must be in writing and include:

1. a physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed or, if a single notice covers several works in one store, a representative list of them;
3. identification of the material that is claimed to be infringing and that is to be removed or disabled, and information reasonably sufficient for us to find it, such as the exact web address of each product or page;
4. information reasonably sufficient for us to contact you, such as your name, postal address, telephone number and email address;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

A notice that leaves out one of these elements may not be valid, and we may ask you to complete it.

Our designated agent

This address is for copyright notices only. Other messages sent to it may not get an answer.

What happens after a notice

• We review each notice. When it is complete, we remove or disable access to the material expeditiously.
• We tell the seller what we removed and why, with a copy of the notice, which includes the name and contact details of the person who sent it, so the seller can respond or send a counter-notice. We do not publish notices in a public database.
• We tell you what we decided. Both you and the seller can appeal our decision as the Terms of Service describe.

Counter-notices

If you are the seller and believe the material was removed or disabled by mistake or misidentification, you can send a counter-notice to our designated agent. Under 17 U.S.C. §512(g)(3), it must be in writing and include:

1. your physical or electronic signature;
2. identification of the material that was removed or disabled and where it appeared before it was removed or disabled;
3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the United States, for any judicial district in which ShopFast may be found, and that you will accept service of process from the person who sent the notice or an agent of that person.

When we receive a valid counter-notice, we send a copy to the person who sent the original notice and tell them we will restore the material in 10 business days. We restore it no less than 10 and no more than 14 business days after we received the counter-notice, unless our designated agent first receives notice that the person who sent the original notice has filed an action seeking a court order to restrain the seller from engaging in infringing activity relating to the material.

False notices and fair use

Under 17 U.S.C. §512(f), anyone who knowingly and materially misrepresents that material is infringing, or that it was removed or disabled by mistake or misidentification, may be liable for damages, including costs and legal fees. Before you send a notice, consider whether the use may be allowed, for example as fair use. If you are not sure, ask a lawyer.

Repeat infringers

In appropriate circumstances we close the accounts of sellers who repeatedly infringe. A seller who receives three valid notices within 12 months is treated as a repeat infringer, and their account is closed. A notice does not count if it was withdrawn, or if the material was restored after a valid counter-notice and no court action followed. We may also close an account after a single notice where the infringement is clear and serious, such as selling pirated or cracked software.

Trademarks and other rights

To report a trademark, a counterfeit product, or another right that is not copyright, use Report abuse. Tell us which right you hold, where the content is, and why it infringes. We review these reports and act on them as the Terms of Service describe.

Notices from the EU and the UK

If you are in the EU or the UK, or the content is illegal under EU or UK law, report it through Report abuse. Under the EU Digital Services Act, a notice should contain:

• a sufficiently substantiated explanation of why you consider the content illegal;
• a clear indication of where the content is, with its exact web address;
• your name and email address, except for reports about child sexual abuse material; and
• a statement that you believe in good faith that the information and claims in your notice are accurate and complete.

We confirm that we received your notice, review it in a timely, careful and objective way, and tell you what we decided and how to appeal.