DMCA, copyright, trademark, and marketplace.

1.1 Incorporation

This DMCA / Copyright / Marketplace policy (the "Copyright Policy") is incorporated into and forms part of the Terms of Service v2.1 by reference at Terms § 1.5. It governs Facet's response to copyright and trademark infringement claims, the repeat-infringer framework required by the Digital Millennium Copyright Act, and the terms governing the Content Licensing Marketplace ("Marketplace").

1.2 Services covered

This Copyright Policy applies to all Services, including content served through a Facet Terminal, content listed in the Marketplace, and content submitted through the Schema Auto-Generator. References herein to “Customer” and “Agent Operator” have the meanings given in the Terms of Service v2.1.

1.3 Non-exclusive remedy

Nothing in this Copyright Policy limits Facet's rights under the Terms of Service v2.1 or applicable law, including Facet's right to remove content that violates the Terms of Service v2.1, the Acceptable Use Policy v2.0, or applicable law regardless of receipt of a formal takedown notice.

2.1 Agent designation

Pursuant to 17 U.S.C. § 512(c)(2), Facet has designated the following agent to receive notifications of claimed infringement:

Designated Copyright Agent:
Facet, LLC, Attn: Designated Copyright Agent
1 Market St, Suite 100
San Francisco, CA 94105, United States
Email: [email protected]
Phone: Available on request to [email protected]

2.2 U.S. Copyright Office registration

Facet's Designated Copyright Agent is registered (or is in the process of being registered) with the United States Copyright Office through the DMCA Designated Agent Directory at copyright.gov/dmca-directory/, as required by 17 U.S.C. § 512(c)(2)(B) and 37 CFR Part 201.38. The current registration record (including the Copyright Office-assigned identifier) is available on the above directory under the name “Facet, LLC.” For the current registration identifier, email [email protected]; the registration is described in the directory as pending until confirmed in writing by the Copyright Office.

2.3 Changes to agent information

Facet will update this Section 2 and the Copyright Office registration within the statutory timelines whenever agent contact information changes.

A copyright owner (or its authorized agent) who believes that content available through the Services infringes its copyright may submit a notice to the Designated Copyright Agent. To be effective under 17 U.S.C. § 512(c)(3)(A), the notice must be in writing and include substantially the following:

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 (§ 512(c)(3)(A)(i)).
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site (§ 512(c)(3)(A)(ii)).
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit Facet to locate the material (§ 512(c)(3)(A)(iii)), typically a URL or a precise request identifier.
4. Information reasonably sufficient to permit Facet to contact the complaining party, including address, telephone number, and, if available, an email address (§ 512(c)(3)(A)(iv)).
5. A statement that the complaining party has 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 (§ 512(c)(3)(A)(v)).
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (§ 512(c)(3)(A)(vi)).

Incomplete notices may not be considered effective under § 512(c)(3)(B)(i). A person who knowingly materially misrepresents infringement in a DMCA notice may be liable for damages under 17 U.S.C. § 512(f).

Send notices by email to [email protected] or by postal mail to the Designated Copyright Agent at the address in Section 2.1.

3.1 Facet’s response

On receipt of a compliant notice, Facet will act expeditiously to remove or disable access to the material claimed to be infringing. Facet will promptly notify the affected Customer or Agent Operator that the material has been removed or disabled under the DMCA, and will provide a copy of the takedown notice with appropriate redactions of the complainant's personal contact details (other than the name).

A Customer, Agent Operator, or other User whose material has been removed or disabled in response to a DMCA takedown notice may submit a counter-notification under 17 U.S.C. § 512(g)(3). To be effective, the counter-notification must include substantially the following:

1. A physical or electronic signature of the subscriber (§ 512(g)(3)(A)).
2. Identification of the material that has been removed or disabled, and the location at which the material appeared before it was removed or disabled (§ 512(g)(3)(B)).
3. A statement under penalty of perjury that the subscriber has a good-faith belief that the material was removed or disabled as a result of mistake or misidentification (§ 512(g)(3)(C)).
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside the United States, for any judicial district in which Facet may be found, and that the subscriber will accept service of process from the person who provided notification under § 512(c)(1)(C) or an agent of such person (§ 512(g)(3)(D)).

4.1 Facet’s forwarding and restoration obligations

On receipt of a compliant counter-notification, Facet will: (a) promptly provide the complainant who submitted the original takedown notice with a copy of the counter-notification and inform that person that Facet will replace the removed material or cease disabling access to it in ten (10) business days (per § 512(g)(2)(B)); and (b) replace the removed material or cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following receipt of the counter-notification, unless Facet first receives notice from the original complainant that the complainant has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on Facet (per 17 U.S.C. § 512(g)(2)(C)).

4.2 Misrepresentation

A person who knowingly materially misrepresents in a counter-notification that material was removed by mistake or misidentification may be liable for damages under 17 U.S.C. § 512(f).

In accordance with 17 U.S.C. § 512(i)(1)(A), Facet has adopted and reasonably implements a policy that provides for termination in appropriate circumstances of the accounts of subscribers and account holders who are repeat infringers.

5.1 Numerical threshold

A repeat infringer means, for purposes of this Copyright Policy, a Customer, Agent Operator, or User whose account has been the subject of three (3) or more separate DMCA takedown notices in any trailing twelve (12)-month period, where each such notice has not been withdrawn by the complainant or reversed by a counter-notification that resulted in content restoration under Section 4.1. Withdrawn, reversed, or materially defective notices do not count toward the threshold.

5.2 Aggregation across properties

Notices are counted across all properties, Terminals, and agent identities linked to the same Customer or Agent Operator account, to prevent evasion by account fragmentation.

5.3 Termination and reinstatement

Facet will terminate the account of a repeat infringer under Terms of Service v2.1 § 8.2, in addition to any other remedy available under this Copyright Policy or applicable law. A terminated Customer or Agent Operator may petition for reinstatement by written submission to [email protected] at least ninety (90) days after termination, supported by evidence of remediation; reinstatement is at Facet's reasonable discretion.

5.4 Accommodation of standard technical measures

Facet accommodates and does not interfere with standard technical measures within the meaning of 17 U.S.C. § 512(i)(1)(B) and (i)(2), to the extent such measures are available and relevant to the Services.

6.1 Scope

Trademark complaints are not governed by the DMCA. Facet nonetheless provides a parallel takedown procedure for claims that content available through the Services infringes a third-party trademark, service mark, trade dress, or related unfair-competition right.

6.2 Submitting a trademark complaint

Send complaints to [email protected] (marked “Trademark Complaint”) with substantially the same content as a DMCA notice (Section 3) plus: (a) the mark at issue, registration jurisdiction, and registration number (or common-law basis and evidence of use); (b) the class of goods or services; (c) the specific use complained of with URLs or identifiers; (d) a description of the harm; (e) a good-faith statement that the use is unauthorized; and (f) a statement of accuracy under penalty of perjury.

6.3 Response

Facet will review trademark complaints and take appropriate action, which may include removing or disabling access to the challenged material, notifying the affected Customer or Agent Operator, and providing the Customer or Agent Operator an opportunity to respond. Facet may decline to act where a complaint is facially insufficient, appears to present a bona-fide trademark dispute better resolved in court, or where the use complained of is protected by fair use, nominative fair use, or comparative advertising doctrine.

6.4 Misrepresentation damages

A person who knowingly materially misrepresents infringement in a trademark takedown request may be liable for damages under applicable trademark and unfair-competition law, including for tortious interference where appropriate.

7.1 Overview

The Content Licensing Marketplace (the "Marketplace") allows content owners ("Publishers") to license content to authorized agents and their operators ("Licensees") through Facet's metering and settlement rails. Facet is not a party to license agreements between Publishers and Licensees; Facet facilitates discovery, rights expression, metering, settlement, and signed-receipt issuance. Take-rates on Marketplace revenue are set out in Terms of Service v2.1 § 3.2 (15 to 20% of gross publisher revenue, set in the applicable Order).

7.2 Publisher representations

By listing content on the Marketplace, Publisher represents and warrants that: (a) Publisher owns or has the necessary rights to grant the licenses it offers; (b) the content does not infringe any third-party intellectual-property, privacy, publicity, moral, or contract right; (c) Publisher has cleared or otherwise addressed any required underlying rights (music synchronization, performance rights, image releases, trademark clearances); (d) the metadata, labels, and license terms Publisher publishes accurately describe the content; and (e) Publisher's use of the Marketplace complies with this Copyright Policy and the Acceptable Use Policy v2.0.

7.3 Publisher indemnity

Publisher indemnifies Facet Indemnitees (as defined in Terms of Service v2.1 § 7.2) for any third-party Claim arising from: (a) content Publisher listed; (b) breach of Publisher's representations in Section 7.2; or (c) Publisher's violation of applicable law in its Marketplace activity. The indemnification procedure, exclusions, and cap interactions are governed by Terms of Service v2.1 §§ 7.2, 7.3, and 7.5, and by the liability cap and carve-outs in Terms of Service v2.1 §§ 6.4, 6.5, and 6.6.

7.4 Licensee obligations

Licensees will: (a) use content only in accordance with the specific license terms agreed at the point of Marketplace transaction; (b) preserve attribution and license-metadata propagation through any downstream use; (c) not train foundational AI models on Marketplace content absent a separate written license (see AUP v2.0 § 4.1 and Terms of Service v2.1 § 5.4); (d) honor takedowns, rights-reversal notices, and moratoria issued by Publisher through the Marketplace; and (e) maintain records of Marketplace transactions for not less than seven (7) years, consistent with the Privacy Policy v2.1 § 8 retention table.

7.5 Facet’s role

Facet's role is limited to discovery, rights expression, metering, settlement, and signed-receipt issuance. Facet is not the licensor and does not warrant Marketplace content or the accuracy of Publisher's rights representations. Facet will cooperate in dispute resolution between Publisher and Licensee at the parties' reasonable request and expense.

7.6 Takedowns within the Marketplace

DMCA takedown notices and counter-notifications relating to Marketplace content follow Sections 3 and 4. Repeat-infringer termination under Section 5 applies equally to Marketplace Publishers and Licensees.

7.7 Rights-reversal notices

Publisher may issue a rights-reversal notice through the Marketplace interface to revoke future licenses of specific content, or to pause licensing pending dispute resolution. Rights-reversal does not affect licenses already in force for their stated term, absent material breach by the Licensee.

Facet's SDKs, command-line tools, and client libraries incorporate open-source software, each governed by its own license (MIT, BSD, Apache-2.0, ISC, and similar). A current list of open-source components and their licenses is maintained in the Security page v2.0 at facet.llc/legal/security.html#oss. Open-source licenses govern Customer's use of their respective components to the extent of any conflict with the Terms of Service v2.1 or this Copyright Policy. Third-party notices are preserved in the source distribution and in the Facet documentation where applicable.

9.1 Changes

Facet may update this Copyright Policy from time to time, with material-change notice per Terms of Service v2.1 § 1.3. Non-material changes (clarifications, contact updates, formatting) take effect on posting.

9.2 Contact

Designated Copyright Agent / DMCA notices / counter-notifications / trademark complaints: [email protected]
Marketplace disputes: [email protected]
General legal: [email protected]
Postal: Facet, LLC, Attn: Designated Copyright Agent, 1 Market St, Suite 100, San Francisco, CA 94105