Copyright and DMCA Policy
How to tell us that something on Frabo infringes your copyright, how a user can respond, and what happens to accounts that repeatedly infringe.
This policy forms part of, and is incorporated by reference into, the Frabo OS Terms of Service (the "Terms"). Capitalised terms used but not defined in this policy have the meanings given in the Terms. Where mandatory law applicable to you confers greater rights, those rights prevail. The summary above is provided for convenience only. Nothing herein constitutes legal, tax, or financial advice.
Section 1 — Scope
1.1 Users can publish material through the Service, including marketplace listings and their photos, store pages, and content Customer approves for publication. Frabo respects the intellectual property of others and responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"), and to equivalent notices under other applicable law, including Article 16 of the EU Digital Services Act.
Section 2 — Designated Agent
Notices of claimed infringement must be sent to Frabo's designated agent:
- Designated agent: Osman Amman, for USRA, LLC (Frabo OS)
- U.S. Copyright Office DMCA Designated Agent Directory registration: DMCA-1082803
- Address: [REGISTERED ADDRESS FOR LEGAL NOTICES]
- Telephone: +1 (253) 364-5093
- Email: [email protected] (subject line "DMCA Notice")
Section 3 — Notice of Claimed Infringement
3.1 To be effective, a notice must be in writing and include substantially the following:
- (a) a physical or electronic signature of the copyright owner or a person authorised to act on the owner's behalf;
- (b) identification of the copyrighted work claimed to have been infringed, or a representative list where multiple works are covered by one notice;
- (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it, such as the page address (URL);
- (d) the complaining party's name, address, telephone number, and email address;
- (e) a statement that the complaining party has a good-faith belief that the use is not authorised by the copyright owner, its agent, or the law; and
- (f) a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the owner of the right allegedly infringed.
Section 4 — Frabo's Response
4.1 On receipt of a notice that complies with Section 3, Frabo shall expeditiously remove or disable access to the identified material and shall notify the user who posted it, including a copy of the notice with the complaining party's personal contact details removed where appropriate.
4.2 A notice that does not substantially comply with Section 3 may not be acted on. Frabo may contact the sender to request the missing information.
Section 5 — Counter-Notification
5.1 A user whose material was removed may send a counter-notification to the designated agent. To be effective, it must include:
- (a) the user's physical or electronic signature;
- (b) identification of the material removed and the location where it appeared before removal;
- (c) a statement under penalty of perjury that the user has a good-faith belief that the material was removed as a result of mistake or misidentification; and
- (d) the user's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the federal district court for the judicial district in which the user's address is located (or, for a user outside the United States, any judicial district in which Frabo may be found), and will accept service of process from the person who provided the original notice or that person's agent.
Section 6 — Restoration
6.1 On receipt of a valid counter-notification, Frabo shall forward a copy to the complaining party and shall restore the material not less than ten (10) nor more than fourteen (14) business days after receipt, unless the complaining party first notifies Frabo that it has filed an action seeking a court order to restrain the user from the infringing activity.
Section 7 — Repeat Infringers
7.1 Frabo shall, in appropriate circumstances, terminate the Accounts of users who are repeat infringers. An Account that is the subject of three (3) valid notices not resolved by counter-notification within any twelve (12) month period is ordinarily terminated.
Section 8 — Misrepresentation
8.1 Under 17 U.S.C. § 512(f), any person who knowingly and materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be liable for damages, including costs and attorneys' fees.
Frabo OS is a subsidiary of USRA, LLC.