Copyright and Intellectual Property Policy


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, FamousFix.com, WhosDatedWho.com, FanPix.net, AllStarPics.net, LucyWho.com, LucyMe.com, BDBPhotos.com, LucyPhotos.com and TheBaseballWebsite.com (individually the "Service"; together the "Services").

Notification of Copyright Infringement

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.

Notices of Alleged Infringement for Content Made Available Through the Services

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.

DMCA Notice of Alleged Infringement ("Notice")

  1. Identify the copyrighted work that you claim has been infringed, or-if multiple copyrighted works are covered by this Notice-you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Lucy Media website where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    1. "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    2. "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Lucy Media's Designated Copyright Agent:

DMCA Copyright Agent
Lucy Media Pty Ltd
72/2 Endeavour House
Captain Cook Crescent
Manuka ACT 2603
AUSTRALIA
(02) 6176 0696
email: COPYRIGHT (AT) LUCYMEDIA (DOT) COM (DOT) AU

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.

Counter Notices

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.

COUNTER NOTICE

  1. Identification of the material that has been removed or to which access has been disabled on the Lucy Media service and the location at which the material appeared before it was removed or access to it was disabled:
  2. A statement as follows: "I hereby state under penalty of perjury that I have 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."
  3. Your name, address, telephone number and, if available, email address:
  4. I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Lucy Media may be found, and I will accept service of process from the complaining party who notified Lucy Media of the alleged infringement or an agent of such person.
  5. Your physical or electronic signature (full legal name):____________________________

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

Subpoenas

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.

Notification of Trademark Infringement

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:

  1. Your physical or electronic signature, or a physical or electronic signature of a person authorized to act on your behalf;
  2. Information reasonably sufficient to permit Lucy Media to contact you or your authorized agent, including a name, address, telephone number and, if available, an email address;
  3. Identification of the Infringed Mark(s) claimed to have been infringed, including (i) for registered Infringed Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law Infringed Marks, evidence sufficient to establish the time period and geographic area in which the Infringed Mark has been used by you;
  4. Information reasonably sufficient to permit Lucy Media to identify the use being challenged;
  5. A statement that you have not authorized the challenged use, and that you have a good-faith belief that the challenged use is not authorized by law; and
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Infringed Mark owner, or are authorized to act on behalf of the Infringed Mark owner.

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.

Rights of Publicity and Use of Name or Likeness

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:

  1. Information reasonably sufficient to permit Lucy Media to identify the Content containing your likeness;
  2. Your name, address, telephone number and, if available, your email address;
  3. A statement that you, or in the case of a minor, your parent or legal guardian, (the "Authorizing Party") has not authorized the challenged use, and that the use is not otherwise authorized by law; and
  4. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the Authorizing Party or that you are authorized to act on behalf of the Authorizing Party.

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.

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