Intellectual Property Policy
1. Generally
The Website, the Services, and the information contained therein, are the property of the Company and our affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Use of the Website and the Services does not give you ownership of any intellectual property rights in any of the Content, documents, or other materials you access. Our posting of information or materials on the Website and about the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute, or publish any part of the Website or the Services unless expressly permitted by these Terms or as otherwise agreed by the Company in writing.
“The Luckiest, LLC”, “The Luckiest”, and “TLC are registered or unregistered marks of The Luckiest, LLC and may not be used without written permission from TLC. Notwithstanding the foregoing, online community subgroups (e.g., Facebook groups, WhatsApp groups) may use the TLC name in their group name, but are not permitted to use the TLC branding, meeting guidelines, copyrighted material, or other such intellectual property unless agreed by TLC in writing. Please refer to Section 9B below (“Use of TLC Content”).
2. Use of TLC Content
TLC authorizes you to view or download a single copy of the material contained on the Website solely for your personal, noncommercial use, so long as you do not remove the copyright and other proprietary rights notices that are contained in the Content, or share, disclose, license, or transfer such Content to any third party.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with the Company or its licensors. Any use of the Content not expressly permitted by these Terms or the other documents incorporated herein by reference is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of TLC. All rights not expressly granted herein are reserved to the Company and its licensors.
Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of the Company or such third party that may own copyrights in material displayed on the Website.
If you violate any of these Terms, your permission to use the Content shall automatically terminate and you must immediately destroy any copies you have made of any portion of the Content.
3. User-Submitted Content and Personal Data
A. Representations Made and Rights Granted
You are responsible for all Content and Personal Data (as defined in our Privacy Policy) that you submit, post, or otherwise make available to or through the Services. By doing so, you represent and warrant to TLC that such Content and Personal Data is not the confidential information of another person or entity and that you have all necessary permission to submit, post, and otherwise make available such Content and Personal Data and that such Content is in line with our community guidelines and rules included in Section 13 of these Terms. The Company makes no claims to ownership of Content and Personal Data that you submit, post, or otherwise make available to or through the Website or the Services, and you continue to retain all ownership rights in such Content and the right to use your Content and Personal Data as you determine. However, you grant to TLC, our affiliates, contractors, service providers and agents a worldwide, nonexclusive, perpetual, irrevocable, global, royalty-free right and license (subject in all cases to our Privacy Policy) (a) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display Content for the purpose of delivering, developing, improving, and marketing the Services and TLC’s Services generally; and (b) to use, reproduce, analyze, aggregate and otherwise process Personal Data in accordance with our Privacy Policy.
B. Prohibited Content
You agree that the following actions shall constitute a material breach of these Terms for which your permission to use the Website and the Content shall automatically and immediately terminate. You agree that you will not upload or transmit any communications or content of any type that:
constitutes unsolicited offers, advertisements, proposals, junk mail, or spam that other users of the Services will see or receive. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, pyramid schemes, informational announcements, charity requests, and petitions for signatures;
infringes upon or violates any rights of any party;
violates our community guidelines and rules included in Section 13 of these Terms;
impersonates another person or entity, or creates a false impression or misleads others as to the origins of your communications;
infringes on the intellectual property, privacy, or publicity rights of others;
is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as reasonably determined by TLC;
promotes violence, illegal drug use, or substance abuse or describes how to perform a violent act, use illegal drugs, or abuse other substances;
harvests or otherwise collects information about others, including email addresses, without their consent;
discloses the Personal Data of others, including names, email addresses, telephone numbers, or any other confidential or personally identifiable information;
distributes viruses or other harmful computer code;
restricts or inhibits any other person from using or enjoying the Website or Services, or which, in the reasonable judgment of the Company, exposes us or any of our members, visitors, partners, affiliates, or suppliers to any liability or detriment of any type;
deals with minors under 13 years of age without the consent of their parents;
in TLC’s sole, reasonable determination, violates our Privacy Policy; or
in TLC’s sole, reasonable determination, violates these Terms or any other applicable terms and conditions.
4. Notice and Takedown Procedures / DMCA
If you believe any materials accessible on our Website or from our Services infringes your copyright, you may request removal of those materials (or access thereto) by contacting the Company’s Designated Agent:
The Luckiest, LLC
P.O. Box 5
Nahant, MA 01908
Email: support@theluckiestclub.com
and providing the following information pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location (e.g., URL or path) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number, and email address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination of users who are infringers.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that a material or activity is infringing may be subject to liability.