1. Overview
The Digital Millennium Copyright Act of 1998 ("DMCA") provides a process for copyright owners to request the removal of material that infringes their copyright. AppLuxe ("we," "us," or "our") complies with the DMCA and responds to properly submitted notices of alleged infringement.
If you believe content hosted on appluxe.com infringes your copyright, you may submit a written notice to our designated Copyright Agent using the process described below. If you believe your own content was removed or disabled in error, you may submit a counter-notification.
2. Filing a Notice of Claimed Infringement
To be effective, your notice must be in writing, provided to our designated Copyright Agent, and include substantially the following information (17 U.S.C. §512(c)(3)):
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed (or a representative list, if multiple works are covered by one notice).
Identification of the material claimed to be infringing, with enough detail (such as a URL) that we can locate it on appluxe.com.
Your contact information, including your address, telephone number, and email address.
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.
Notices that do not substantially comply with these requirements may not receive a response. Upon receipt of a valid notice, we will remove or disable access to the identified material and notify the party who posted it.
3. Counter-Notification
If material you posted was removed or disabled and you believe this was done in error or misidentification, you may submit a counter-notification to our Copyright Agent that includes:
Your physical or electronic signature.
Identification of the material removed and its location before removal.
A statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification.
Your name, address, telephone number, and a statement consenting to the jurisdiction of the federal court in your district (or, if outside the U.S., an appropriate judicial district) and to accept service of process from the original complainant.
Upon receiving a valid counter-notification, we may reinstate the removed material within 10–14 business days unless the original complainant notifies us that they have filed a court action seeking a restraining order against the content provider.
4. Repeat Infringer Policy
In appropriate circumstances, AppLuxe will terminate the accounts of, or restrict access to appluxe.com by, users or contributors who are determined to be repeat infringers. We reserve sole discretion in determining what constitutes repeat infringement.
5. Misrepresentation
Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing, or that it was removed by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, incurred as a result of that misrepresentation. Please consider carefully whether content on appluxe.com infringes your copyright before submitting a notice.
6. Contact & Designated Agent
Notices and counter-notifications should be directed to our designated Copyright Agent:
AppLuxe — Copyright Agent
San Francisco, CA 94107, United States
Phone
+1-800-555-0199
For general questions unrelated to a copyright claim, please use our Support Center instead of the Copyright Agent contact above.