Copyright Infringement Policy

If you have grounds to believe that your copyright has been infringed by material appearing on the RubyLUX site, or if you have been notified by RubyLUX that we have removed or disabled access to material in your shop, please review and act according to RubyLUX's copyright infringement policy below, which was enacted in compliance with the Digital Millennium Copyright Act (DMCA).

Step 1: Claimant Must Notify RubyLUX In Writing

If you have grounds to believe that your copyright has been infringed by material appearing on the RubyLUX site, you, the claimant, must notify in writing RubyLUX's designated agent for copyright infringement notification at:

A notification of claimed infringement must include substantially the following:
  • 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 copyrighted works at the site are covered by a single notification, a representative list of such works at the site;
  • 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 RubyLUX to locate the material;
  • Information reasonably sufficient to permit RubyLUX to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • Include the following statement: "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
  • Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Claimant's Liability for Misrepresentations. The claimant should note that pursuant to 17 U.S.C. §512(f) of the DMCA, any person who knowingly materially misrepresents that the material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensees, or by RubyLUX, who is injured by such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Step 2: Take Down Procedure

Upon receipt of the claimant's notification per Step 1 above, RubyLUX will
  • remove or disable access to the material and, if applicable, take reasonable steps promptly to notify the shop owner that it has removed or disabled access to the material; and
  • issue the claimant a notice in writing that the material has been removed or access to it has been disabled.
No further action shall be taken by RubyLUX unless the circumstances in Step 3 and/or 4 arise.

Step 3: Counternotification by Shop Owner

If the shop owner believes that the material should not have been removed or access should not have been disabled, the shop owner may issue a counternotification to RubyLUX, which shall consist of the following:
  • A physical or electronic signature of the shop owner;
  • 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;
  • A statement under penalty of perjury that the shop owner has 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 shop owner's name, address, and telephone number, and a statement that the shop owner "consents to the jurisdiction of the Federal District Court" for the judicial district in which the address is located, or if the shop owner's address is located outside the United States, for any judicial district in which RubyLUX may be found, and that the shop owner "will accept service of process" from the claimant or an agent of such claimant.

Step 4: Action by RubyLUX Upon Receipt of Counternotification

Upon receipt of such counternotification, RubyLUX will
  • promptly provide the claimant with a copy of the counter notification, and inform the claimant that it will replace the removed material or cease disabling access to it in 10 business days; and
  • replace the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the claimant that such person has filed an action seeking a court order to restrain the shop owner from engaging in infringing activity relating to the material on RubyLUX's system or network.

Claimant's Request for Identification of Infringer

In the event that the claimant cannot obtain the address and contact information of the shop owner on the publicly viewable pages of the RubyLUX site, RubyLUX shall not provide such information to the claimant unless the claimant obtains a subpoena to identify the infringer, in accordance with 17 U.S.C.§512(h).

Termination of Repeat Infringers

In accordance with RubyLUX's Terms of Use posted elsewhere on the site, RubyLUX reserves the right to terminate in appropriate circumstances any shop, shop owner's account, and any user access to the site if such individuals prove to be repeat infringers of copyright law.