TF Empires Copyright & DMCA Policy

Updated: 06/20/2024

Welcome to the TorqueForm (Luxauro, Gold Metal Guild, and TF Empires) (“we,” “us,” “our”), your reliable Tribrid online marketplace. We connect customers, merchants, clients, professionals, and founders, facilitating transactions and services securely. The Tribrid has adopted a general policy regarding copyright and intellectual property rights in accordance with the Digital Millennium Copyright Act of 1998. The Company removes material that is the subject of a compliant DMCA takedown notice. Section 512 of the DMCA (17 U.S.C. §512) provides the rules for reporting copyright infringement and for filing a counter-notification. We, in our sole discretion, reserve the right to disable, remove, or delete User Content that has been alleged to be infringing on another’s copyright. We, in our sole discretion, also reserve the right to terminate any User accounts of Users who commit any repeated acts of copyright infringement or even a single act of infringement. Unless otherwise defined in this Copyright & DMCA Policy, terms used in this Copyright & DMCA Policy have the same meanings as in our TF Empires Terms of Use.

Definitions:

1. “Claimant” refers to the person or entity filing a notification of Infringement;
2. “Client,” “Customer,” “Purchaser,” or “Buyer” refers to anyone who uses Our Site or Platform Services (including in order to contact a GMG Professional) and engages in a transaction with a Merchant, Professional, or Founder on the Site or through the Platform Services;
3. “Content” refers, without limitation, to any and all software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or Content, including the selection and arrangements thereof offered through Our Site and Platform Services;
4. “Contract” refers to the contract for the sale and purchase of the Goods or the supply and acquisition of the Professional Services on the Site or through the Platform Services;
5. “Contributors” or “Backers” refers to those Users who pledge to contribute any funds to a Project;
6. “Contributions” refers to any funds donated to a Project by a Contributor;
7. “Cookie Policy” refers to Luxauro’s Cookie Policy, available at https://Luxauro.com/cookie-policy/ or TF Empires’ Cookie Policy, available at https://TFEmpires.com/cookie-policy/ and incorporated herein by reference;
8. “Delivery Address” refers to the address stated on the Order;
9. “DMCA” refers to the Digital Millennium Copyright Act of 1998, including any amendments;
10. “Founder” or “Project Owner” refers to any User who starts and subsequently receives approval from Us for a TF Empires Project through Our Site or Platform Services;
11. “Gold Metal Guild,” or “GMG” refers to the Tribrid platform’s professional network portion of the Site and Platform Services;
12. “Gold Metal Guild Professional,” “GMG Professional,” “GMG Pro,” “Professional,” or “Pro” refers to any User who has applied for and received approval for a Merchant account on the Luxauro platform in order to offer Professional Services for hire on the GMG Professional Network;
13. “Gold Metal Guild Services,” “GMG Pro Services,” or “Professional Services” refers to the services that GMG Professionals offer to Users of the Tribrid;
14. “Gold Seal Specials” refers to the preset Professional Service packages that GMG Professionals can create for Users’ convenience for those Users who prefer a simplified Professional Service package rather than entering into a more unique or tailored service contract with a GMG Professional;
15. “Goods” refers to the goods (including any installment of the goods or any part of them) described in the Order;
16. “Infringement” refers to the unauthorized, that is, not permitted use of copyrighted material or other intellectual property rights;
17. “Intellectual property rights” refers to patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights;
18. “Luxauro” refers to the Tribrid platform’s e-commerce portion of the Site and Platform Services;
19. “Luxauro Charter” or “Charter” refers to any bookable product, that is, any product that is offered for rent by a Merchant;
20. “Marks” refers to the trademarks, trade dress, service marks, and logos used and displayed on the Site or through the Platform Services or in any Tribrid Content;

21. “Merchant,” “Vendor,” “Seller,” or “Service Provider” refers to any User who has applied for and received approval for a Merchant account on the Luxauro platform. A Merchant is authorized to engage in one or more of the following activities:

    1. Selling products;
    2. Renting products;
    3. Offering Professional Services for hire;
22. “Order” refers to the Client’s purchase order to which these Terms are annexed;
23. “PII” refers to personally identifiable information, as that term is defined under all applicable laws;
24. “Platform Services” refers to the Tribrid Site(s), mobile applications or connected applications and any and all other offerings and services provided on the Site;
25. “Price” refers to the price of the Goods or the charge for the Professional Services;
26. “Privacy Policy” refers to Luxauro’s Privacy Policy, available at https://Luxauro.com/privacy/ or TF Empires’ Privacy Policy, available at https://TFEmpires.com/privacy-policy/ and incorporated herein by reference;
27. “Products” refers to the items that Merchants list for sale on the Site or through the Platform Services;
28. “Project” refers to a Founder’s fundraising campaign project through Our Site and Platform Services;
29. “Project Deliverables” refers to crowdfunding Projects’ main item(s) or purpose for which Founders are requesting funding for their Projects. Project Deliverables may or may not be the same as Project Rewards;
30. “Rewards,” “Benefits,” or “Benefit Packages” refers to the gifts, items, or services offered by Project Owners to their Contributors;
31. “Specification” refers to any plans, drawings, data, or other information relating to the Goods or Professional Services;
32. “Submission” refers to any submission, comment, or suggestion on the Site, whether public or private, including, but not limited to, ideas, Products, Professional Services, know-how, concepts, suggested changes, additions, or improvements;
33. “Suite” refers to the store of any Merchant or GMG Professional on the Tribrid platform in which they can display their Products for sale or rent or their Professional Services for hire;
34. “Terms” or “Terms of Use” refers to the Tribrid’s Terms of Use (this agreement), Additional Policies, the Tribrid’s Privacy Policy, all applicable laws, and all conditions or policies referenced here;
35. “TF Empires” refers to the Tribrid platform’s crowdfunding portion of the Site and Platform Services;
36. “TorqueForm,” “Tribrid,” or “Triune” refers to the website(s) or services of Luxauro, Goldevine, or any of their parents, subsidiaries, DBAs, or affiliates, individually or collectively;
37. “Tribrid Content” refers to Content provided by Luxauro, Goldevine, or any of their parents, subsidiaries, DBAs, or affiliates, individually or collectively, to Users in connection with the Platform Services, including, without limitation, the software, the Products, the Professional Services, the Site, and the Platform Services;
38. “User,” “You,” or ” Your” refers to Merchants, Gold Metal Guild Professionals, Project Owners, Contributors, any visitor to the Site, or User of the Site or Platform Services, either individually or collectively;
39. “User Content” refers to any Content that has been uploaded, transmitted, or posted to Our Platform Services by a User, including, but not limited to, User Content in a User profile, Merchant profile or store, GMG Professional profile, or TF Empires Project page;

40. “Warranty Policy” refers to this Returns, Refunds, and Cancellation Policy and any link or reference to an individual Merchant’s or GMG Professional’s return, refund, and cancellation policy;

41. “We,” “Our,” “Us,” or “Company” refers to Luxauro, LLC, a Montana limited liability company, “Bloominggolds,” “Gold Metal Guild,” “Goldorado,” “Indie Arcadia,” “LuxCyber Plaza,” “Palazzo Frassati,” and “Victor & Angela,” which are assumed business names of Luxauro, LLC, Goldevine, LLC, a Montana limited liability company, and “TF Empires” and “Untreadable,” which are assumed business names of Goldevine, LLC, together with their parents, subsidiaries, DBAs, affiliates, agents, representatives, consultants, employees, officers, and directors;

42. “Website” or “Site” refers to any and all website(s) or services of the Tribrid, individually or collectively.

Reporting a Copyright Violation

• • If there is a suspected copyright Infringement, please consult with an attorney before filing a DMCA notification. Misrepresenting that an Infringement of copyrighted material has occurred may subject You, the Claimant, filing a notification of violation to liability for damages, including costs and attorneys’ fees incurred by the owner of the User Content or other parties.
  • If You reasonably suspect copyright Infringement has occurred regarding Your copyrighted material, You, as the Claimant, may send a written DMCA notification, in English, to Our Designated Agent at info@Goldevine.com which must include all of the below items. If Your DMCA notice is incomplete in any way, We will be under no obligation to take any action.
    • Identification of the copyrighted work claimed to have been infringed (e.g., a URL link to the original work), or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification and description 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 the service provider to locate the material (e.g., URL of the web page that contains the allegedly infringing material);
    • Information reasonably sufficient to permit Us, the service provider, to contact the Claimant, such as an address, telephone number, and, if available, an electronic mail address at which the Claimant may be contacted;
    • A statement that contains at least the following: “the Claimant has 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”;
    • A statement that the Claimant understands that under 17 U.S.C §512(f), the Claimant may be liable for any damages, including costs and attorneys’ fees, for knowingly and materially misrepresenting that an Infringement has occurred;
    • A statement that contains at least the following: “the information in the notification is accurate, and under penalty of perjury, that the Claimant is the copyright owner or is authorized to act on behalf of the owner of an exclusive right” that is allegedly being infringed upon.
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When reporting any allegedly infringing content, You must include specific enough details (e.g., URL of web page that contains the allegedly infringing material, a screenshot of the allegedly infringing material) that will enable Us to locate and identify the infringing material.

The Designated Agent for complaints under the DMCA is the Copyright Manager. A Claimant may submit the notification of Infringement with all of the required information to Our Designated Agent at the following address:

Copyright Manager

Goldevine, LLC

P.O. Box 904

Condon, MT 59826

Listing of the Designated Agent is posted on the United States Copyright Office website in the Directory of Agents.

Our Procedure Upon Receipt of a DMCA Notification

• Upon receipt of a complete DMCA notice, We will remove the infringing material or disable access to the Project until the dispute is resolved or the DMCA process is complete.
• We will send an email to the owner of the User Content attaching the Claimant’s notice of alleged violation including the Claimant’s contact information. We will also provide instructions for filing a counter-notification. We will process DMCA notifications and counter-notifications that We receive, but We do not adjudicate these matters.

Filing a Counter Notification

• Upon receipt of a DMCA notification, the owner of the User Content should consult with its attorney regarding the Notification and the requirements for filing a counter notification.
• If the owner of the User Content believes that its Content has been removed or disabled by mistake or due to misidentification, the owner of the User Content may submit a counter notification to Our Designated Agent within seven (7) business days from the date of receiving the DMCA notice by emailing Our Copyright Manager at info@Goldevine.com. The email must include all of the below items. If Your DMCA counter notification is incomplete in any way, We will be under no obligation to take any action.
  • 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 that contains at least the following: “under penalty of perjury that the owner of the User Content 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”;
  • The name, address, and telephone number of the owner of the User Content, and a statement that the owner of the User Content consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the Project Owner’s address is outside of the United States, for any judicial district in which We may be found, and that the owner of the User Content will accept service of process from the person who provided notification under 17 U.S.C. §512(c)(1)(C), or an agent of such person; and
  • A physical or electronic signature of the owner of the User Content of the Platform Services;

This information can also be mailed to Our Designated Agent at the following address:

Copyright Manager

Goldevine

P.O. Box 904

Condon, MT 59826

Under the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.

Our Procedure Upon Receipt of a Counter Notification

• Upon receipt of a counter notification, We will send the counter notification to the Claimant.
• Upon expiration of 10 business days after forwarding the counter notification to the Claimant, if We do not receive notice that the Claimant has filed an action seeking a court order to prevent further Infringement, We, in Our sole discretion, though we are under no obligation to do so, may reinstate the User Content that was the subject of the claim notification.
• After receipt of the counter notification, access to material or the User Content that is the subject of the claimed Infringement will remain disabled until the dispute has been resolved or until 10-day period specified in Section 6.2, above, has expired without notification that the Claimant has filed an action seeking a court order. During the period that the User Content is disabled, the owner of the User Content may edit or remove the User Content.
• If You fail to provide the necessary information or follow the above outlined instructions, We will not take any action.

Publishing DMCA Notification and Counter Notification

• Upon receipt of a DMCA notification and any counter notification, We will publish a copy of each on our site, but removing any personally identifying information such as the Claimant’s name, email address, and telephone number prior to publishing. A Claimant’s address and company name, if any, will be posted publicly. When you submit a DMCA notice or counter notification to Us, You are consenting to Our publicly posting these notices.
• We reserve the right to forward all materials received (including full contact information) to the opposing party in the DMCA dispute.

Trademark Infringement

• The DMCA does not cover trademark infringement topics. The use of another’s trademark-protected materials in any confusing or misleading way can be a form of trademark infringement. We will not mediate any trademark disputes between owners of User Content and trademark owners. We may, but are under no obligation to, conduct Our own investigation into any reasonable complaints regarding trademark infringement. We, in Our sole discretion, may remove or disable access to any User Content in connection with trademark infringement.
• Any trademark owner who believes that his/her trademark-protected material is being infringed upon should make every reasonable attempt to contact the owner of the User Content directly. If You, the trademark owner, are unable to come to a resolution with the owner of the User Content, email the following information in English to us at info@Goldevine.com. Please note, if any report of trademark infringement is incomplete in any way, We will be under no obligation to take any action:
  • URL of the allegedly infringing User Content;
  • Details of Your trademarked material;
  • Trademark registration number;
  • The specific office at which Your trademark is registered (e.g., USPTO);
  • Details of how the allegedly infringing material violates Your trademark. Please provide us with adequate and specific detail and evidence for Your complaint;
  • Your full legal name;
  • Your email address (preferably Your company email address);
  • Your title;
  • Name of the trademark owner (can be Your company name, if applicable);
  • Trademark owner’s street address
  • The following statements:
    • “I understand that the Company may provide third parties, including the affected user, with a copy of this complaint.”
    • “I have a good-faith belief that the challenged material violates my right.”
    • “Under penalty of perjury, the information in this complaint is true and correct, and I am the trademark owner or I am authorized to act on the trademark owner’s behalf.”

• Any material that becomes subject to an Infringement dispute will be disabled or removed until the dispute is resolved or the DMCA process is complete.
• If the Infringement dispute has not been resolved within 30 days after the filing of a claim notification and any counter notification, the User Content will be permanently removed from Our Site. If the Infringement dispute is resolved or the DMCA process resolves within the 30-day period, the User Content will be restored.

Reporting a Patent Infringement

• If a court order has been entered finding an Infringement of a valid and enforceable patent by an item or service of any User Content, the valid patent registration number and a certified copy of the court order finding an Infringement of the patent must be submitted to our Designated Agent or to info@Goldevine.com.
• The following information must be included in the submission:
  • Full URL of infringing User Content;
  • The full legal name of the person or entity holding the patent or its authorized agent or licensee;
  • The email address of the person or entity holding the patent or its authorized agent or licensee;
  • If applicable, the Company name and street address of the person or entity holding the patent or its authorized agent or licensee;
  • The following statements:
    • “I understand that the Company may provide third parties, including the affected user, with a copy of this complaint”;
    • “Under penalty of perjury, the information in this complaint is true and correct and I am the patent holder or I am authorized to act on the patent holder’s behalf;
  • A physical or electronic signature of the person or entity holding the patent or its authorized agent or licensee.
• We will review any claim of patent Infringement and will remove any User Content that is the subject of a court order finding Infringement of a valid and enforceable patent.