Lucy Media Pty Ltd ("Lucy Media") welcomes you. This Copyright and Intellectual Property Policy applies to web sites and interactive services owned or operated by Lucy Media and its subsidiaries which include, but are not limited to, WhosDatedWho.com, FanPix.net, AllStarPics.net, LucyWho.com, LucyMe.com, BDBPhotos.com, LucyPhotos.com and TheBaseballWebsite.com (individually the "Service"; together the "Services").
Lucy Media respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/, Lucy Media will respond expeditiously to notices of alleged infringement that are reported to Lucy Media's Designated Copyright Agent, identified in the sample notice below.
Please note that you will be liable for damages (including costs and legal fees) if you materially misrepresent that content or activity is infringing your copyrights. In a past case (please see OPG vs Diebold for more information), a company that sent an infringement notification seeking removal of online material that was protected by the fair-use doctrine was ordered to pay such costs and legal fees. The company agreed to pay over USD100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact a lawyer.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following notice ("Notice") and delivering it to the Designated Copyright Agent.
Deliver this Notice, with all items completed, to Lucy Media's Designated Copyright Agent:
Lucy Media does not permit copyright infringing activities through its services and will, if properly notified that content infringes, remove or disable access to such content. Lucy Media reserves the right to remove or disable access to content without prior notice. In appropriate circumstances, Lucy Media will also terminate users whom it determines to be repeat infringers.
A poster of allegedly infringing material may make a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When Lucy Media receives a counter notice, it may reinstate the material in question. To provide a counter notice to us, please return the following form to the Lucy Media Copyright Agent.
The Counter Notice should be delivered to the following Designated Copyright Agent of Lucy Media:
see "Notification of Copyright Infringement" above for the Designated Copyright Agent's contact details
Lucy Media may be required to disclose information to individuals asserting rights under the DMCA. You hereby authorize Lucy Media to release information about you if required by law or subpoena, without notice to you.
You agree that you, and not Lucy Media, are responsible for any violations of any intellectual property rights in any content that you upload to the Services.
If you believe that your trademark (the "Infringed Mark") is being used by a user in a way that constitutes trademark infringement, please provide Lucy Media's Copyright Agent (specified above) with the following information:
Upon receipt of notice as described above, Lucy Media will confirm the existence of the Infringed Mark on the Site, notify the Registered User who posted the Infringed Mark, and take whatever action, in its sole discretion, it deems appropriate, including removal of the Infringed Mark from the Site. A Registered User may respond to notice of takedown by showing either (a) that the Infringed Mark has been cancelled, or has expired or lapsed or (b) that the Registered User has a trademark registration, an unexpired license covering the use, or some other relevant right to the Infringed Mark. If the Registered User succeeds in showing either (a) or (b) then Lucy Media will not remove the Infringed Mark. If Lucy Media decides to comply with a takedown request, it will do so within a commercially reasonable time after receipt of the notice.
Notwithstanding the foregoing, Lucy Media will comply as appropriate with the terms of any court order relating to alleged trademark infringement on the Site.
Lucy Media respects the rights of individuals to exploit their own name, voice, signature, photograph or likeness and prohibits its users from posting Content that would otherwise misappropriate a third party's right of publicity. If you think that your right of publicity is being misappropriated as a result of the content on the Site, please provide Lucy Media's Copyright Agent (specified above) with the following information:
Upon receipt of notice as described above, Lucy Media will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, with notice to the Registered User in question, unless, prior to such removal, the Registered User in question sufficiently demonstrates that he or she has appropriate authorization or consent to use your likeness.
Notwithstanding the foregoing, Lucy Media will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.