It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”).  Responses to these notices may include removing or disabling access to Lush Crush ’ services, for websites claimed to be involved in infringing activity, and/or terminating accounts.   Lush Crush will make a good-faith attempt to contact the owner or administrator of the affected website so that they may make a counter notification pursuant to the DMCA. 

To file a notice of infringement, you must provide a written communication (by certified mail) that sets forth the items specified below (including section numbers):

1. Provide sufficient information to identify the copyrighted work that you believe has been infringed upon (for example, "The copyrighted content that appears on http://www.mywebsite.com”).
2. Identify the webpage that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit Lush Crush to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit Lush Crush to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. 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."
7. Sign the paper.
8. Send the written communication to the following address (by certified mail):
   
   Lush Crush, Inc.
   Attn: Lush Crush Legal Support, DMCA Complaints
   790 Tennessee Street
   San Francisco, CA 94106

We reserve the right to send your notice to one or more third parties who may make it available to the public.

Counter Notification

The administrator of an affected website may make a counter notification pursuant to the DMCA. When we receive a counter notification, we may reinstate access to the Lush Crush services for the website in question.

To file a counter notification with us, you must provide a written communication (by certified mail -- not by email) that sets forth the items specified below:

1. Identify the specific URLs to which Lush Crush has disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
4. Sign the paper.
5. Send the written communication to the following address:
   
   Lush Crush, Inc.
   Attn: Lush Crush Legal Support, DMCA Complaints
   790 Tennessee Street
   San Francisco, CA 94106

Repeat Infringer Policy

Lush Crush will, at its discretion, terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others.  If you believe that a Lush Crush account holder is a repeat infringer, please follow the instructions above to contact Lush Crush's DMCA agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.