INTELLECTUAL PROPERTY POLICY
Effective Date: January 26, 2016
Ownership of Sites and Content
The website lennyandeva.com, its companion Facebook fan page, its mobile application, and its related micro-sites (collectively, the “Sites”) and its contents are intended for your personal use only. All content included or available on the Sites, including, without limitation, trade dress, trademarks, service marks, software, source code, object code, website design, text, graphics, button icons, files, interfaces, drawings, designs, illustrations, images, photographs, video clips, music and sounds, sound recordings, lyrics, the word and logo marks LENNY AND EVA® and LENNY & EVA®, and other materials, and the selection and arrangements thereof (the “Sites Content” or the “Content”), is the property of Lenny and Eva, Inc. (“L&E”) and/or its affiliates or licensors unless otherwise indicated. L&E reserves all rights in such Content.
Procedure for Reporting Copyright or Other Intellectual-Property Infringement
You may not post, upload, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of L&E to terminate the privileges of any user who infringes the copyright rights of others upon receipt of prompt notification to L&E by the intellectual-property owner or the owner’s legal agent. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, L&E designates the following as its agent for receipt of notifications of claimed copyright or other intellectual-property infringement:
By email: email@example.com
By phone: 615-545-6639
By fax: 615-410-2122
By regular mail:
Intellectual Property Claim
Lenny and Eva, Inc.
119 Broad Street
Baxter, TN 38544
To notify L&E of a claimed infringement of your copyright or other intellectual-property right by material residing on or accessible through the Sites, you must contact L&E in writing by regular mail, fax or email at the addresses provided above and provide the following information:
- 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 work claimed to have been infringed, or, if multiple works on the Sites are covered by a single notification, a representative list of such works at the Sites;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit L&E to locate the material;
- Information reasonably sufficient to permit L&E to contact you, such as an address, telephone number, and, if available, an email address;
- The following statement by you: “I 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”; and
- The following statement by you: “The information in this notification is accurate, and I, as the complaining party, declare under penalty of perjury that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, L&E may, in its discretion, remove or disable the material claimed to be infringed.
Please be advised that if you materially misrepresent that material is infringing your intellectual property, you may be liable for damages (including costs and attorneys’ fees). If you are not sure whether the material infringes on your intellectual property, you should consider contacting an attorney before contacting L&E.
How to Respond to a Claimed Infringement
If L&E removes or disables the material claimed to be infringing, L&E will take reasonable steps to notify the owner of the material of the claim, and the owner will then have the option to send L&E a counter-notice why the content does not infringe another’s intellectual-property rights and requesting reinstatement of the content. The counter-notice must be in writing and include the following information:
- The owner’s 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 access to it was disabled;
- The following statement by the owner: “I declare, 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”; and
- The owner’s name, address, and telephone number, and the following statement by the owner: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which Lenny and Eva, Inc. may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”
If L&E receives a counter-notice under these provisions, it may send a copy of the counter-notice to the original complaining party informing that person that L&E may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against the individual or entity who placed the content, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at L&E’s discretion.