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COPYRIGHT AND TRADEMARK POLICY

CLAIMS REGARDING COPYRIGHT INFRINGEMENT

Item Beauty, LLC encourages its customers to share their ITEM Beauty purchases and the looks they create on their own social media channels. As much as we would love for you to share our website, social media pages, and product offerings, please don’t claim any of them as your own. This means that you shouldn’t copy our logo or site content onto your own site or channel nor should you use any of our trade names (such as product names or shade names) as part of your social media handle or domain names. That just wouldn’t be cool.

On the other hand, if you are a copyright owner (or represent one) and believe that any content on this Site infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (which may be found here http://www.copyright.gov/legislation/dmca.pdf) by providing our copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): 

  • Identification of the copyrighted work in sufficient detail that is claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material in sufficient detail 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 us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your name, address, phone number, and, if available, your email address;
  • Include each of the following statements:
    • “I have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.; and
    • “I hereby state, under penalty of perjury, that the information in the above notification is accurate and that I am the owner or am authorized to act on behalf of the owner for an exclusive right in the copyrighted work that is allegedly infringed.
  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of exclusive right that is allegedly infringed.

If you prefer to use snail mail, deliver your notice, complete with all of the above information to:

Item Beauty, LLC

Attn: Copyright Agent

P.O. Box 110

San Mateo, CA 94401

If by email: legal@itembeauty.com and add the words “DMCA Notice” in the subject line.

For clarity, only DMCA notices should go to the copyright agent; any other feedback, comments, requests for technical support, lipstick, highlighter, eyeliner and other communications should be directed to our Customer Service agents at help@itembeauty.com. You acknowledge that if you fail to comply with all of the requirements described above, your DMCA notice may not be valid and we may not respond.

If we receive a claim of infringement, we will process and investigate the claim and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.

Counter-Notice

If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information in writing to the copyright agent:

  • Identify the material or the reference or link that has been removed or to which access has been disabled and the location at which the material or reference or link appeared before it was removed or access to it was disabled;
  • Include each of the following statements:
    • “I hereby state, under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content removed or disabled.”; and
    • “I hereby state that I consent to the jurisdiction of the federal district court in San Francisco, California, and I will accept service of process from the complaining party who notified Item Beauty of the alleged infringement or an agent of such person.”
    • Provide your full legal name, address, telephone number, e-mail address, and your physical or electronic signature.

If you prefer to use snail mail, deliver your notice, complete with all of the items above, to:

Item Beauty, LLC

Attn: Copyright Agent

P.O. Box 110

San Mateo, CA 94401

If by email: legal@itembeauty.com and add the words “DMCA Counter-Notice” in the subject line. If a proper counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we will replace the removed content or cease disabling access to it in 10 business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the copyright agent’s receipt of the counter-notice, at our sole discretion.

COPYRIGHT PERMISSIONS

If you are interested in using any of Item Beauty’s copyrighted content, please send your permissions request, including your full contact information and a brief description of your intended use of the content to legal@itembeauty.com and add the words “Copyright Permissions Request” to the subject line.

TRADEMARKS 

The following is a comprehensive, but not exhaustive, list of marks owned by Item Beauty:

ITEM Beauty


A DOSE OF SELF-LOVE


ITEM BEAUTY


ME AND MYSELF #WEREANITEM

MOSTLY CASUAL, SOMETIMES EXTRA


WE’RE AN ITEM


 

All of the above are trademarks or registered trademarks of Item beauty, LLC in the U.S. and in other countries (collectively the "Trademarks") and should be attributed as such. If you want to mention our company name, services or products in social media, go ahead – we love it when our customers share their experiences. We just ask that you be respectful of our intellectual property rights when you do so. This means that you should not use any of the Trademarks, in part or in whole, as part of your company name, product name, social media handle, domain name, or in connection with products and/or services that are not related to, associated with, or sponsored by Item Beauty, or that are likely to cause customer confusion, or in any manner disparages or discredits Item Beauty. 

All Trademarks not owned by Item Beauty that appear in the Site, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed on the Site without Item Beauty’s written permission or that of the third-party rights holder.

Misuse of Item Beauty Trademarks

If you learn of any logos or images that are confusingly similar to the ITEM Beauty Trademarks, please notify us by sending an email to legal@itembeauty.com. Similarly, if you become aware of any use of an ITEM Beauty Trademark that violates any of the rules described above, including failure to identify ITEM Beauty Trademarks as belonging to Item Beauty, LLC, please notify us at legal@itembeauty.com. If possible, please provide a copy of the article, post or other medium in which the trademark violation appeared.

Last updated September 21, 2020

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