- BE ORIGINAL WEARS ROLE
BE ORIGINAL WEAR is a content creator platform and is a marketplace where third-party sellers can sell their goods directly to our consumers. We are not actively involved in the listing and sale of sellers’ items. The product listings on our platform are generated by independent designers and sellers and they are responsible for ensuring they have all necessary rights to their content.
We are committed to protecting everyone’s intellectual property rights and have a strict policy against the listing or sale of products that violate a third party’s trademark, copyright, or patent rights.
We strive to respond quickly by removing or disabling access to the allegedly infringing material when we receive a report of intellectual property infringement that complies with this intellectual property policy.
- Main types of Intellectual Property Protected
(1) Copyright: Artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium, such as paper, canvas, film, or digital format.
(2) Trademark: A registered word, phrase, design, or combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services.
(3) Patent: A registered design that is new, unique, and usable in some type of industry.
(4) Right of Publicity: The right of publicity prevents the unauthorized commercial use of an individual's name, likeness, or other recognizable aspects of one's persona.
- Report Infringement
(1) You may report to us if you believe any intellectual property rights of you or another owner on which you are authorized to act on behalf are being violated.
(2) We will promptly investigate the listings or contents upon receiving your report. Please note that any report made to Temu must be made in good faith, sworn under penalty of perjury, that the material identified violates valid and subsisting intellectual property rights.
(3) Please provide the proof of rights, information of right holders, and preliminary evidence of infringement by sending it to firstname.lastname@example.org.
- Report Copyright Infringement Using Copyright Infringement Notice under DMCA
(1) If you are an owner of a copyright or authorized to act on behalf of the owner of a copyright that is allegedly infringed, you may send us a notice of infringement via email to email@example.com, which must include the following:
The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Clear and specific identification of each copyrighted work claimed to have been infringed. A Notice may cover multiple copyrighted works.
Clear and specific identification of each infringing material that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Temu to locate each of such material.
Reasonably clear and sufficient contact details so that we can contact you (i.e. address, telephone number, and email address).
A statement to the effect that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A representation by you that (i) the information in the notice is accurate and (ii) under penalty of perjury, you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) If you misrepresent that material is infringing, you may be liable for damages. Therefore, if you are not sure whether the material is infringing, please seek legal advice before submitting a notice to us.
(3) Upon proper notice of copyright infringement, Temu will take the following action in accordance with the DMCA:
Remove or disable access to the infringing material.
Notify the content provider who is accused of infringement that Temu has removed or disabled access to the applicable material.