LUXURY BUYS TODAY COPYRIGHT AND TRADEMARK POLICY
October 20, 2021
LUXURY BUYS TODAY, the LBT Logo, and the look and feel of the LBT web site are trademarks of Luxury Buys Today LLC (“LBT”). All other trademarks appearing on the LBT web site or on LBT social media pages or mobile applications (collectively the “LBT Platforms”) are the property of their respective owners.
LBT respects the intellectual property rights of others. Trademarks and copyrighted content owned by others that appear on the LBT Platforms are in some cases used with permission, and in all other cases are displayed under the doctrine of fair use. Fair use is recognized under both copyright and trademark law, and allows limited use of trademarks and copyrighted works without the permission of the owner in appropriate circumstances.
As a curator of publicly-distributed offers, advertisements and promotions for luxury goods and services, LBT believes that it is providing a value-added and transformative service that is in the interest of IP owners as well as LBT users. If, however, you are an IP owner and would prefer that your content not appear on the LBT Platforms or that it appear in a different way, please contact us and we will be happy to honor your wishes.
The Digital Millennium Copyright Act of 1998 (the “DMCA”)
The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond to notices and counter-notices that properly conform with the DMCA’s requirements. Accordingly, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see the Copyright Office’s web page at www.copyright.gov for details of the current DMCA requirements.
A. Notification of Alleged Copyright Infringement
If you believe in good faith that materials hosted by LBT infringe your copyright (for example, materials posted by a user on one of our message boards), you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:
Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Websites are covered by a single notification, you may provide a representative list of such works on the Websites, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them; Identification of the URL or other specific location on the LBT Platforms that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them; Your name, address, telephone number and email address (if available);
The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section A, your DMCA notice will not be valid.
You must submit any notification of an alleged copyright infringement to our DMCA Agent by fax, mail, or email as set forth below:
DMCA Agent
Julia C. Archer
Enns & Archer LLP
939 Burke Street
Winston-Salem, NC 27101
(tel) 336-723-5180
(fax) 336-723-5181
[email protected]
Please also email a copy of the notification to [email protected] with the subject line “Copyright Policy – DMCA Notification”.
This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the LBT Platforms are infringing a copyright.
B. Counter Notification
If you believe in good faith that your own copyrighted material has been removed from the LBT Platforms as a result of mistake or misidentification, you may submit a written counter notification letter to LBT’s DMCA Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; A statement that you consent to the jurisdiction of the Federal District Court in which your address is located;
A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent; Your name, address and telephone number;
A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed from or disabled on the LBT Platform and will no longer be shown or accessible; and
Your physical or electronic signature.
You acknowledge that if you fail to comply with all of the requirements of this Section B, your DMCA counter notification will not be valid.
You may submit your counter notification to Luxury Buys Today LLC’s DMCA Agent by fax, mail, or email as set forth below:
DMCA Agent
Luxury Buys Today LLC
Julia C. Archer
Enns & Archer LLP
939 Burke Street
Winston-Salem, NC 27101
(tel) 336-723-5180
(fax) 336-723-5181
[email protected]
Please also Email a copy of the counter notification to [email protected] with the subject line “Copyright Policy – DMCA Counter Notification”.
This contact information is for DMCA notifications and counter notifications ONLY. ALL OTHER INQUIRIES DIRECTED TO THE DMCA AGENT WILL NOT BE ANSWERED.
If a counter notice is received by LBT’s DMCA Agent, we may send a copy of the counter notification to the original complaining party informing that person that LBT may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against LBT or the user, the removed content may be replaced or access to it restored by LBT.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorneys’ fees.
