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LUXEMONT RESPECTS THE COPYRIGHTS OF OTHERS AND EXPECTS ITS USERS TO DO THE SAME. BY UPLOADING, POSTING OR OTHERWISE MAKING AVAILABLE CONTENT ON LUXEMONT WEB PAGES, YOU REPRESENT THAT YOU OWN OR OTHERWISE HAVE THE INTELLECTUAL PROPERTY RIGHTS TO SUBMIT SUCH MATERIALS. YOU SHALL NOT UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON LUXEMONT WEB PAGES ANY MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHT WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE OWNER OF THE COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHT AND THE BURDEN OF DETERMINING THAT ANY MATERIAL IS NOT PROTECTED BY COPYRIGHT OR OTHER PROPRIETARY RIGHTS RESTS WITH YOU. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGE RESULTING FROM ANY INFRINGEMENT OF COPYRIGHTS, PROPRIETARY RIGHTS, OR ANY OTHER HARM RESULTING FROM SUCH A SUBMISSION. By submitting material to any public area of LuxeMont Web Pages, you automatically grant, or warrant that the owner of such material has expressly granted LuxeMont the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright and any other proprietary rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that individual's personal use on LuxeMont Web Pages. You hereby grant LuxeMont the right to edit, copy, publish and distribute any such material made available on LuxeMont Web Pages by you.
LuxeMont utilizes user generated and third party content gathers through all including, but not limited to: information location tools, including a directory, index, reference, pointer, or hypertext link. LUXEMONT WEB PAGES' USAGE OF THIS CONTENT AND THE RESPONSIBILITY FOR APPROVED COPYRIGHTS AND USAGE IS THE LIABILITY OF THE USER OR THIRD PARTY WHERE CONTENT IS ORIGINATING. Should there be any copyright or intellectual infringement, LuxeMont Web Pages has no actual knowledge or surrounding facts that made the infringement apparent. LuxeMont has received no financial benefit directly attributable to the infringing activity and will act expeditiously to immediately remove or disable access to infringing material upon obtaining knowledge or awareness the material is infringing on copyrights or upon receiving a properly drafted notice of infringement to the LuxeMont designated agent of copyright infringement. If LuxeMont becomes aware of any user or third party who is a repeat copyright infringer, it is our policy to take immediate and reasonable steps within our powers to terminate that user. LuxeMont, LLC has filed an interim designation with the United States Copyright Office and will comply with all Takedown Notices.
Parties with infringement allegations may submit their written Takedown Notice with the LuxeMont designated agent registered at the US Copyright Office List of Designated Agents or Contact Direct:
Name: Copyright Administrator
Address: 501 West Broadway Suite A-321, San Diego CA 92101
FAX Number: 619-578-5968
E-mail Address: email@example.com
If the complainant of infringement does not comply with the above listed request of written Takedown Notice, your complaint will not serve as "actual notice" for the purpose of LuxeMont Web Pages removing content. Once proper written Takedown Notices are received through the LuxeMont Designate Agent, LuxeMont will:
LuxeMont Web Pages is committed to full compliance with U.S. copyright law, and expects its users to do the same. Accordingly, as a courtesy, LuxeMont is providing the following information regarding its understanding of the Digital Millennium Copyright Act of 1998 ("DMCA") concerning notice of claimed online copyright infringement. LuxeMont is not providing legal advice. Any persons wishing to assert or oppose a claim under the DMCA should consult their own legal adviser concerning these matters. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed online. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements based on unauthorized use of their protected works appearing on web pages hosted by the service provider. Upon receipt of properly filed complaints satisfying the requirements of the DMCA, LuxeMont will remove or block access to the allegedly infringing material posted by third party users of the LuxeMont Web Pages. If a LuxeMont Web Pages user who posted such material believes in good faith that a notice of copyright infringement has been wrongly filed, the user may submit a counter-notice to assert a private dispute with the claimed copyright owner. LuxeMont, LLC will not be a party to such disputes over alleged copyright infringement.
More information on U.S. copyright law can be found at the following Web sites:
If you believe in good faith that information posted by a user on LuxeMont Web Pages violates your rights under U.S. copyright law, you may notify LuxeMont in the manner described below. You should be aware that U.S. copyright law provides substantial penalties for false claims of copyright infringement. According to the Digital Millennium Copyright Act of 1998 ("DMCA"), claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney's fees.
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to LuxeMont's Designated Agent relating to LuxeMont Web Pages within thirty (30) days of the date the material was removed from the site. To be effective, a counter notification must be a written communication that includes substantially the following:
1. A physical or electronic signature of the person submitting the counter notification;
2. 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 access to it was disabled;
3. A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material or the owner of the rights to be removed or disabled; and
4. The person's name, address, and telephone number, and a statement that the he or she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if the person's address is outside of the United States, for any judicial district in which LuxeMont may be found, and that the person will accept service of process from the complaining party or an agent of such person.
5. Upon receipt of a counter notification containing the information as outlined in paragraphs 1 through 4 above:
1. LuxeMont shall promptly provide the complaining party with a copy of the Counter Notification; and
2. LuxeMont shall inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days. LuxeMont shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided LuxeMont's Designated Agent relating to LuxeMont Web Pages has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on LuxeMont Web Pages.
LuxeMont, LLC reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of LuxeMont Web Pages after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use. LuxeMont may modify, suspend, discontinue or restrict the use of any portion of LuxeMont Web Pages, including the availability of any portion of the Content at any time, without notice or liability. LuxeMont may deny access to any person or user at any time for any reason. In addition, LuxeMont may at any time transfer rights and obligations under this Agreement to any LuxeMont affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires LuxeMont or any of their assets.
We welcome your comments and feedback about our Site. All information and materials submitted to LuxeMont, LLC through LuxeMont Web Pages, such as any comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Site or the business of LuxeMont (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but LuxeMont reserves the right to treat any such Feedback as the confidential information of LuxeMont Web Pages. By submitting Feedback to LuxeMont Web Pages, you assign to the LuxeMont Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback. The LuxeMont Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other Content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
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