Digital Millennium Copyright Act Policy
Effective Date: August 02, 2012; Last Updated: December 23, 2013.
Farmer Bros. Co., a Delaware corporation, together with its subsidiaries and divisions, which are listed below (collectively referred to as “Farmer Bros. Co.,” “us,” “our” and/or “we”), have adopted this policy in accordance with the Digital Millennium Copyright Act of 1998, including the Online Copyright Infringement Liability Limitation Act (“DMCA”).
Farmer Bros. Co. will respond to clear notices of alleged copyright infringement that comply with or substantially comply with the requirements set forth in this DMCA Policy. Farmer Bros. Co. does not act as an arbiter or judge of disputes about intellectual property rights. It is our policy to disable access to or remove text and other material (“Content”) posted on our www.farmerbros.com website (the “Site”) by Site users that we believe in good faith is infringing a copyrighted work. By disabling access to or removing Content, as a prudential matter, Farmer Bros. Co. is not endorsing or validating a claim of infringement. If we disable access to or remove Content from the Site, we will make a good-faith attempt to contact the party responsible for posting or displaying the Content so the owner may make a counter-notification as provided for below. It is also our policy to suspend and/or terminate access of Site users who we believe are repeat copyright infringers. We will document notices of alleged infringement and counter-notifications.
In accordance with the DMCA, Farmer Bros. Co. has a Designated Agent to handle copyright infringement notices and counter-notifications:
Farmer Bros. Co.
Attn: DMCA Agent
Address: 20333 S. Normandie Avenue, Torrance, CA 90502, U.S.A.
Phone: (800) 735-2878
If you believe your work has been displayed or otherwise used on the Site in a manner that infringes your copyright, you must provide written notification of such to our Designated Agent via mail and/or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your work has been infringed by Content on the Site. If you are unsure whether your work has been infringed, we recommend that you contact an attorney before sending notice to our Designated Agent.
You must use the following format for your written notification:
(a) Identify in sufficient detail your copyrighted work that you believe has been infringed by Content on the Site;
(b) Identify the Content on the Site that you claim infringes your copyrighted work. You must identify all Content that you believe infringes, describe how the Content infringes your work, and describe where the Content is located on the Site with sufficient detail so that we can verify its existence and remove it if we believe in good faith that it infringes your copyrighted work. In the event that the allegedly-infringing Content is located in more than one place on the Site, identify each location;
(c) Provide your contact information, including your full name, mailing address, telephone number, and e-mail address, if any;
(d) You must include a statement that, under the penalty of perjury, you have a good-faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) You must include a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
(f) You must sign the written notification physically or electronically.
In addition to the foregoing, it would help if you included a copy of the copyright Certificate of Registration for your work, if any, or other information that supports your claim that your work is protected by copyright and that you are the owner of that copyright or are authorized to act on behalf of the owner.
Review of Infringement Notices
After the Designated Agent receives your infringement notice, Farmer Bros. Co. will review it. If your notice contains the required information, as explained above, and if we have a good-faith belief that the Content is infringing your copyright, we will remove or disable access to the infringing Content.
The provider of affected Content may make a counter notification pursuant to the DMCA. To file a counter notification, you must provide written notification to our Designated Agent via mail and/or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your Content is not infringing the copyright of a third party. If you are unsure whether your Content infringes the work of a third party, we recommend that you contact an attorney before sending notice to our Designated Agent.
You must use the following format for your written notification:
(a) Identify the Content that has been removed or to which access was disabled, including a description of where the Content was located on the Site before it was removed or before access to it was disabled. In the event that the Content was located in more than one place on the Site, you should identify each location;
(b) Provide your contact information, including your full name, mailing address, telephone number, and e-mail address, if any;
(c) You must include a statement that, under the penalty of perjury, you have a good-faith belief that the Content was removed or blocked as a result of mistake or misidentification of the Content to be removed or blocked;
(d) You must include 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, in the Federal District Courts of California, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person; and
(e) You must sign the written notification physically or electronically.
Review of Counter Notification
After the Designated Agent receives your counter notification, Farmer Bros. Co. will review it. We may determine that the Content is not infringing and may reinstate the Content or access to the Content on the Site.
Notice of Repeat Infringement and Account Termination
Farmer Bros. Co. will, if appropriate, terminate repeat infringers’ access to the Site. If you believe a Site user is a repeat infringer, please follow the instructions above to contact our Designated Agent and provide sufficient information so we can verify that the user is a repeat infringer.
Farmer Bros. Co. – Subsidiaries and Divisions
- Coffee Bean International, Inc.
- Coffee Bean Holding Co., Inc.
- FBC Finance Company
- Farmer Brothers™ Spice Products
- Custom Coffee Plan
- Coffee Bean International® Specialty Coffee by Farmer Brothers™