Legal
DMCA Policy
This crawlable page mirrors Lutiq’s DMCA Policy. The product SPA also serves /dmca for the branded layout.
Lutiq LLC ("Lutiq," "we," "us," or "our") respects the intellectual property rights of others and expects its Brand Partners and their end users to do the same. This policy describes how Lutiq responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. §512 (the "DMCA").
1. Overview and Safe-Harbor Posture
Lutiq operates an edge-delivered platform that hosts landing-page variants generated by, or at the direction of, its Brand Partners. To the extent Lutiq qualifies as a service provider storing material at the direction of a user under 17 U.S.C. §512(c), Lutiq seeks to qualify for the statutory safe harbor by: (a) adopting and reasonably implementing this policy; (b) designating an agent to receive DMCA notifications; (c) responding expeditiously to remove or disable access to material alleged to infringe; and (d) terminating, in appropriate circumstances, the accounts of repeat infringers.
2. Designated Copyright Agent
Lutiq's designated agent to receive notifications of claimed infringement under 17 U.S.C. §512(c)(2) is:
(Lutiq will register this agent with the U.S. Copyright Office per 17 U.S.C. §512(c)(2); registration is renewed every three years.)
3. Filing a Takedown Notice
If you believe that material accessible on or through Lutiq infringes your copyright, please send a written notification to the designated agent above that includes all of the following elements required by 17 U.S.C. §512(c)(3)(A):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or — if multiple works are covered by a single notification — a representative list of such works
- Identification of the material claimed to be infringing or to be the subject of infringing activity, including the specific URL(s) on which the material appears and any information reasonably sufficient to permit Lutiq to locate it
- Information reasonably sufficient to permit Lutiq to contact you, including your name, mailing address, telephone number, and email 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, its agent, or the law
- A statement, under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Notices that omit required elements may not be effective under the DMCA. Upon receipt of a compliant notice, Lutiq will act expeditiously to remove or disable access to the identified material and will take reasonable steps to notify the affected Brand Partner.
4. Counter-Notification Procedure
If you believe that material Lutiq has removed or disabled access to was removed by mistake or misidentification, you may submit a counter-notification to the designated agent. Under 17 U.S.C. §512(g)(3), your counter-notification must include:
- Your physical or electronic signature
- 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 disabled
- A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification
- Your name, mailing address, and telephone number, and 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, the Northern District of California) and that you will accept service of process from the person who provided the original notification or an agent of that person
Upon receipt of a valid counter-notification, Lutiq will forward it to the original notifier. Unless the notifier files an action seeking a court order against the subscriber within 10 business days, Lutiq may restore the material in 10–14 business days.
5. Repeat Infringer Policy
In accordance with 17 U.S.C. §512(i), Lutiq has adopted a policy of terminating, in appropriate circumstances, the accounts of users (including Brand Partners and their Authorized Users) who are determined to be repeat infringers. What constitutes an "appropriate circumstance" is determined in Lutiq's good-faith discretion based on factors including the number and nature of notices received, any pattern of conduct, and the response of the account holder.
6. False Claims
Under 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by Lutiq, as a result of the misrepresentation. Please consider this carefully before submitting a notice or counter-notice.
7. Contact
All DMCA notices and counter-notifications must be sent to [email protected] or to the physical address listed in Section 2. General questions about this policy may be sent to [email protected].