DMCA

Luca Lashes LLC ("Luca Lashes") has established the following policies for submitting trademark and/or copyright infringement claims and corresponding counter notifications.

1. Copyright Claims

If you are a copyright owner or an authorized agent thereof and believe that any user of the Luca Lashes application has infringed upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by filing a notice of infringement with the following information via email to consumerrelations@lucalashes.com. The words "DMCA Complaint" should appear in the subject line. A copyright claim can also be submitted by mail to: PO BOX 497, Ingleside, IL 60041.

To be considered effective, a notification of a claimed copyright violation must include the following information:

  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.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Luca Lashes to locate the material.
  4. Information reasonably sufficient to permit Luca Lashes to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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.
  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.

If the complaining party provides Luca Lashes with appropriate notification, then Luca Lashes will remove or disable access to the material that is claimed to be infringing and, if possible, forward the complaining party's written notification to the alleged infringer.

2. Trademark Claims

If you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office or, for foreign marks, registered with the appropriate intellectual property organization of your country) and believe that any user of the Luca Lashes application has infringed upon your trademark(s), you may submit a trademark infringement notification by filing a notice of infringement with the following information via email to consumerrelations@lucalashes.com. The words "Trademark Complaint" should appear in the subject line. A trademark claim can also be submitted by mail to: PO BOX 497, Ingleside, IL 60041.

To be considered effective, a notification of a claimed trademark violation must include the following information:

  1. The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed, including the registration number, the goods and/or services covered by or offered under the mark, date of first use and the jurisdiction or geographical area to which the mark applies.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Luca Lashes to locate the material.
  3. Information reasonably sufficient to permit Luca Lashes to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  4. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
  5. 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.

If the complaining party provides Luca Lashes with appropriate notification, then Luca Lashes will remove or disable access to the material that is claimed to be infringing and, if possible, forward the complaining party's written notification to the alleged infringer.

3. Counter Notification

If you have received a notice of copyright or trademark infringement, you may provide counter notification by emailing consumerrelations@lucalashes.com and including the following:

  1. A physical or electronic signature of the subscriber.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  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 of the material to be removed or disabled.
  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the Northern District of Illinois, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Upon receipt of a counter notification as described in Section 1 above, Luca Lashes shall promptly provide the complaining party with a copy of the counter notification, and inform such party that it will replace the removed material or cease disabling access to it in ten (10) business days unless Luca Lashes first receives notice from the complaining party that the complaining party has filed an action seeking a court order to restrain the infringer from engaging in infringing activity relating to the material on Luca Lashes application.

4. Repeat Infringers

It is Luca Lashes’s policy to provide for the termination, in appropriate circumstances, of Luca Lashes customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.

Revised: 2/29/2012