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Intellectual Property
BigFace Respects Intellectual PropertyBigFace has a strict zero-tolerance policy against counterfeit product listings.
All materials contained on our product listing pages, including text, graphics, icons, images are the property of Bigface NZ (“BigFace”) or its content suppliers or service providers and are protected by New Zealand and international copyright laws. The compilation of all content on our product listing pages is the exclusive property of BigFace. You may not use, copy, modify, transmit, store, publish or distribute any material on any of our product listing pages or create materials using information from any of our product listing pages (either directly or by linking) without our prior written permission by relevant copyright legislation.
You may not alter or remove any trademark, logos, copyright, or other notice from copies of content without obtaining the prior written consent of the trademark or logo owner.
The website, products, technology, and processes contained in all our product listing pages may be the subject of other intellectual property rights owned by third parties. No license is granted in respect of those intellectual property rights other than as set out in these Terms and Conditions. Your use of all our product listing pages and material on it must not in any way infringe the intellectual property rights of any person.
Copyright Infringement
BigFace is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. If you believe that your rights in copyright are being violated by any materials posted on or transmitted through the site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending materials. It is our policy to revoke the authorization to access the site for repeat infringers, where applicable. In order for us to investigate your claim of infringement, you must provide us with the following information:
1. Your name, address, telephone number, and e-mail address;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing may be found;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
5. A statement by you under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
6. An electronic or physical signature
Please send your information to admin@bigface.co.nz. Our dedicated team will contact you and resolve any issue as soon as possible.
Copyright Policy
A copyright protects original works of authorship that are “fixed” in some permanent or semi-permanent medium. It can cover everything from literary works to artistic works, music to movies, architectural designs to computer software. The duration of copyrights depends on several factors, including when the original work was created, where, and by whom. The owner of a copyright can prevent third parties from copying, displaying, distributing, creating derivative works from, and publicly performing the protected works without authorization from the copyright owner.
If you are a rights owner with valid copyright rights or are authorized by the copyright owner to act on its behalf, you may report the allegedly infringing listings, as outlined by the Digital Millennium Copyright Act (“DMCA”), and send related information to admin@bigface.co.nz. In accordance with the DMCA, BigFace reserves the right to (1) block access to or remove material that BigFace believes in good faith to be copyrighted material that has been used without permission.
Trademark Policy
A trademark is any word, symbol, phrase, design, or other indicia that serves to identify and distinguish the source of the goods or service of one party from those of another party. Some examples of trademarks are brand names, logos, and slogans. Trademarks generally are meant to protect consumers from being confused as to the source of a good or service, though they can sometimes also protect the value of companies’ own brands in the marketplace. Trademarks may be registered with each jurisdiction’s regional trademark office.
Using a third party’s trademarks without proper authorization is a direct violation of BigFace’s Trademark Policies. Accordingly, if BigFace were to learn of such unauthorized use, BigFace will remove such listing in its own discretion.
Similarly, if you are a rights owner with a registered trademark, or are authorized by the trademark owner to act on its behalf, you may report the allegedly infringing listings by reporting the listing to us. Upon receipt of your report, BigFace’s Brand Protection Team will promptly investigate the listing and remove it when appropriate.
If you believe your trademark rights are being violated as outlined in the policies identified above, please provide the requested information to admin@bigface.co.nz.
Counterfeit Policy
Counterfeit products generally are fake or unauthorized copies of real products, which often are of lesser quality than authentic goods. They often contain identical or near-identical copies of a company’s brand, logo, or other identifying features, and therefore can often violate a rights-holder’s various intellectual property rights.
BigFace has a very large amount of products from a large number of suppliers. Sometimes, we cannot research every one of them thoroughly enough. Accordingly, if BigFace were to learn of such unauthorized use, BigFace will remove such listing in its own discretion and stop cooperation with the associated supplier.
Similarly, if you are a rights holder that detects potential counterfeit items, or are authorized by the rights owner to act on its behalf, you may report the allegedly counterfeit listings to us. Upon receipt of your report, BigFace’s Brand Protection Team will promptly investigate the listing and remove it when appropriate.
If you believe your trademark rights are being violated as outlined in the policies identified above, please provide the requested information to admin@bigface.co.nz.
Patent and Community Design Policy
A patent is a form of intellectual property right that protects an invention against unauthorized reproduction, use, copying, or sale. Patents may cover manufactured items, machines, designs, and various other items or processes. Patents may be registered with each jurisdiction’s regional patent office.
A community design is a form of intellectual property specific to the European Union. The European Union’s regulation defines a “design” as “the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation.”
Offering a product for sale that is found to infringe upon a third party’s patents or community design is a direct violation of BigFace’s Copyright Policies. Accordingly, if BigFace were to learn of such unauthorized use, BigFace will remove such listing in its own discretion.
Similarly, if you are a rights holder that detects potential violations of your patent or community design rights, or are authorized by the rights owner to act on its behalf, you may report the allegedly infringing listings to us. BigFace’s Brand Protection Team will promptly investigate the listing and remove it when appropriate.
If you believe your rights are being violated as outlined in the policies identified above, please provide the requested information to admin@bigface.co.nz.
The Right of Publicity Policy
The right of publicity is the right of a person to control how his or her name, image, likeness, or other identifiable feature (each a “publicity right”) is used in a commercial setting. In some locations, these rights expire upon the death of the individual, but in others, these may continue for some time post-mortem. The laws regarding these rights are specific to the locations in which the person lived, died and/or had some other connection.
Using a third party’s publicity rights without proper authorization is a direct violation of BigFace’s Copyright Policies. Accordingly, if BigFace were to learn of such unauthorized use, BigFace will remove such listing in its own discretion.
Similarly, if you are a rights holder that detects potential violations of your publicity rights, or are authorized by the rights owner to act on its behalf, you may report the allegedly infringing listings to us. Upon receipt of your report, BigFace's Brand Protection Team will promptly investigate the listing and remove it when appropriate.
If you believe your rights are being violated as outlined in the policies identified above, please provide the requested information to admin@bigface.co.nz.
