DMCA POLICY AND DISCLAIMER

 

 

 

DMCA policy

 

This Digital Millennium Copyright Act policy ("Policy") applies to the luxsymbolica.com website ("Website" or "Service") and any of its related products and services (collectively, "Services") and outlines how Lux Symbolica ("Lux Symbolica", "we", "us" or "our") addresses copyright infringement notifications and how you ("you" or "your") may submit a copyright infringement complaint.

 

Protection of intellectual property is of utmost importance to us and we ask our users and their authorized agents to do the same. It is our policy to expeditiously respond to clear notifications of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act ("DMCA") of 1998, the text of which can be found at the U.S. Copyright Office website.

 

What to consider before submitting a copyright complaint

 

Please note that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

 

We may, at our discretion or as required by law, share a copy of your notification or counter-notification with third parties. If you are concerned about your information being forwarded, you may wish to hire an agent to report infringing material for you.

 

Notifications of infringement

 

If you are a copyright owner or an agent thereof, and you believe that any material available on our Services infringes your copyrights, then you may submit a written copyright infringement notification ("Notification") using the contact details below pursuant to the DMCA by providing us with the following information:

 

-  Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notification, you may provide a representative list of the copyrighted works that you claim have been infringed.

-  Identification of the infringing material and information you claim is infringing (or the subject of infringing activity), including at a minimum, if applicable, the URL or URLs of the web pages where the allegedly infringing material may be found.

-  Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.

-  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, the copyright owner's agent, or the law.

-  A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

-  A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

 

All such Notifications must comply with the DMCA requirements. You may refer to a DMCA takedown notice generator or other similar services to avoid making mistakes and ensure compliance of your Notification.

 

Filing a DMCA complaint is the start of a predefined legal process. Your complaint will be reviewed for accuracy, validity, and completeness. If your complaint has satisfied these requirements, our response may include the removal or restriction of access to allegedly infringing material as well as a permanent termination of repeat infringers’ accounts. We may also require a court order from a court of competent jurisdiction, as determined by us in our sole discretion, before we take any action. A backup of the terminated account’s data may be requested, however it may be subject to certain penalty fees imposed. The final penalty fee will be determined by the severity and frequency of the violations.

 

If we remove or restrict access to materials or terminate an account in response to a Notification of alleged infringement, we will make a good faith effort to contact the affected user with information concerning the removal or restriction of access, along with instructions for filing a counter-notification.

 

Notwithstanding anything to the contrary contained in any portion of this Policy, Lux Symbolica reserves the right to take no action upon receipt of a DMCA copyright infringement notification if it fails to comply with all the requirements of the DMCA for such notifications.

 

Counter-notifications

 

A user who receives a copyright infringement Notification may make a counter-Notification pursuant to sections 512(g)(2) and (3) of the US Copyright Act. If you receive a copyright infringement Notification, it means that the material described in the Notification has been removed from our Services or access to the material has been restricted. Please take the time to read through the Notification, which includes information on the Notification we received as well as instructions on how to file a counter-notifications.

 

To file a counter-notification with us, you must provide a written communication that sets out the information specified in the list below:

 

-  Identification of the material that has been removed or to which access has been restricted and the location at which the material appeared before it was removed or access to it was restricted.

-  Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.

-  A statement under penalty of perjury that you have a good faith belief that the material was removed or restricted as a result of mistake or misidentification of the material to be removed or restricted.

-  A statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to the jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.

-  A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf.

 

Please note that you may be liable for, including costs and attorneys’ fees incurred by us or our users, if you knowingly misrepresent that the material or activity is not infringing the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification. Accordingly, if you are not sure whether certain material infringes the copyrights of others or that the material or activity was removed or restricted by mistake or misidentification, you may wish to contact an attorney before filing a counter-notification.

 

Notwithstanding anything to the contrary contained in any portion of this Policy, Lux Symbolica reserves the right to take no action upon receipt of a counter-notification. If we receive a counter-notification that complies with the terms of 17 U.S.C. § 512(g), we may forward it to the person who filed the original Notification.

 

The process described in this Policy does not limit our ability to pursue any other remedies we may have to address suspected infringement.

 

Changes and amendments

 

We reserve the right to modify this Policy or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page.

 

Reporting copyright infringement

 

If you would like to notify us of the infringing material or activity, you may send an email to info@luxsymbolica.com

 

This document was last updated on January 13, 2021

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Disclaimer

 

This disclaimer ("Disclaimer") sets forth the general guidelines, disclosures, and terms of your use of the luxsymbolica.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Disclaimer is a legally binding agreement between you ("User", "you" or "your") and Lux Symbolica ("Lux Symbolica", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Disclaimer. If you are entering into this Disclaimer on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Disclaimer, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Disclaimer, you must not accept this Disclaimer and may not access and use the Website and Services. You acknowledge that this Disclaimer is a contract between you and Lux Symbolica, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

 

Representation

 

Any views or opinions represented on the Website are personal and belong solely to Lux Symbolica and do not represent those of people, institutions or organizations that the owner may or may not be associated with in professional or personal capacity unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

 

Content and postings

 

Lux Symbolica is a Registered Trademark. You may not modify, print or copy any part of the Website and Services. Inclusion of any part of the Website and Services in another work, whether in printed or electronic or another form or inclusion of any part of the Website and Services on another resource by embedding, framing or otherwise without the express permission of Lux Symbolica is prohibited. Compensation and sponsorship

 

The Website and Services accepts forms of sponsorship, paid insertions or other forms of compensation. On certain occasions Lux Symbolica may be compensated to provide opinion on products, services, websites and various other topics. Even though Lux Symbolica receives compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on the Website are purely of Lux Symbolica. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question. Sponsored content, advertising space or post will always be identified as such. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Lux Symbolica will receive an affiliate commission.Indemnification and warranties

 

While we have made every attempt to ensure that the information contained on the Website is correct, Lux Symbolica is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information on the Website is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied. In no event will Lux Symbolica be liable to you or anyone else for any decision made or action taken in reliance on the information on the Website, or for any consequential, special or similar damages, even if advised of the possibility of such damages. Information on the Website is for general information purposes only and is not intended to provide any type of professional advice. Please seek professional assistance should you require it. Furthermore, information contained on the Website and any pages linked to and from it are subject to change at any time and without warning.

 

Changes and amendments

 

We reserve the right to modify this Disclaimer or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

 

Acceptance of this disclaimer

 

You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to access or use the Website and Services.

 

Contacting us

 

If you would like to contact us to understand more about this Disclaimer or wish to contact us concerning any matter relating to it, you may send an email to info@luxsymbolica.com

 

This document was last updated on January 13, 2021