DMCA & Copyright Policy

1. Introduction

Baaby is a property of Luminous Pathways LLC, located in Brewster, NY 10509 ("Luminous Pathways," "Company," "we," "us," or "our"). We operate baaby.com, a directory that helps families find maternal and infant care providers, along with related tools, articles, and provider profiles (collectively, the "Service"). We respect the intellectual property rights of others and expect users, providers, and third parties who interact with the Service to do the same.

This DMCA & Copyright Policy (this "Policy") explains how Baaby responds to claims of copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. Section 512) ("DMCA"), and describes the process for submitting a takedown notice, filing a counter-notification, and understanding our repeat infringer policy. This Policy is part of, and should be read together with, our Terms of Service and Privacy Policy.

Content on Baaby may include user-submitted reviews, provider-submitted profile content and images, editorial articles, photographs, and other materials uploaded by users, providers, or Baaby staff. If you believe that content on baaby.com infringes a copyright you own or control, you may submit a notice in accordance with the procedure described below.

2. Reporting Copyright Infringement (DMCA Takedown Notice)

If you believe, in good faith, that material available on baaby.com infringes a copyright you own or control, you (or your authorized agent) may submit a written takedown notice to our designated agent. To be effective under the DMCA, your notice must be a written communication that includes substantially all of the following:

1. A physical or electronic signature of the copyright owner, or of a person authorized to act on the copyright owner's behalf.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
3. 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, with information reasonably sufficient to permit us to locate the material, such as the specific URL, provider profile name, or page on baaby.com.
4. Information reasonably sufficient to permit us to contact you, such as your name, mailing address, telephone number, and email address.
5. A statement that you 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.
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send your takedown notice by email to [email protected] with the subject line "DMCA Takedown Notice." A notice that does not substantially comply with the requirements above may not be actionable, and we may be unable to process it. We recommend consulting an attorney before submitting a notice, as knowingly making false statements in a takedown notice can expose you to liability (see Section 6 below).

Upon receipt of a valid takedown notice, we will act expeditiously to remove or disable access to the identified material and will make a good faith effort to notify the user, provider, or party who posted the material that it has been removed or disabled.

3. Counter-Notification Procedure

If you are a Baaby user or provider and you believe that material you posted was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to our designated agent. To be effective, your counter-notification must be a written communication that includes substantially all of the following:

1. Your physical or electronic signature.
2. Identification of the material that was removed or disabled, and the location (URL or page) at which the material appeared before it was removed or disabled.
3. A statement, under penalty of perjury, that you have 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.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which Baaby may be found), and that you will accept service of process from the person who submitted the original takedown notice or an agent of that person.

Counter-notifications should be sent by email to [email protected] with the subject line "DMCA Counter-Notification." Upon receipt of a valid counter-notification, we will forward a copy to the party who submitted the original takedown notice. If that party does not notify us within ten business days that it has filed a court action seeking an order to restrain the user or provider from engaging in the infringing activity, we may, at our discretion, restore the removed material or cease disabling access to it within ten to fourteen business days following receipt of the counter-notification, as required by the DMCA.

As with takedown notices, knowingly submitting a materially false counter-notification may expose you to liability. We recommend consulting an attorney before filing a counter-notification.

4. Designated Agent

In accordance with the DMCA, Baaby has designated the following agent to receive notifications of claimed copyright infringement and counter-notifications relating to content on baaby.com:

• Name: Kellee Khalil
• Company: Luminous Pathways LLC (operating as Baaby)
• Email: [email protected]

Please direct all DMCA notices and counter-notifications to the designated agent above. Notices sent to any other email address, mailing address, or contact channel may result in delay in processing your request.

5. Repeat Infringer Policy

Consistent with the DMCA and our Terms of Service, it is Baaby's policy, in appropriate circumstances and at our sole discretion, to disable and, if appropriate, terminate the accounts of users and providers who are determined to be repeat infringers. A user or provider account may be considered a repeat infringer if we receive multiple valid takedown notices concerning content posted by that account, including provider profile content, uploaded photographs, reviews, or content submitted through the provider claim flow.

We reserve the right to remove or disable access to any content at any time, with or without prior notice, and to suspend or terminate the account of any user or provider who repeatedly infringes the copyrights or other intellectual property rights of others, whether or not there has been an infringement, at our discretion and consistent with applicable law.

6. Good Faith and Misrepresentation Warning

Please be aware that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees, incurred by Baaby, the alleged infringer, or the copyright owner or licensee as a result of relying on that misrepresentation.

Before submitting a takedown notice or counter-notification, please consider carefully whether the material at issue actually infringes a copyright, or whether its use may be permitted under fair use or another exception to copyright law. Do not submit false, frivolous, or bad faith claims. Baaby reserves the right to seek damages, including costs and attorneys' fees, from anyone who submits a notification in violation of the law.

7. Modifications to This Policy

We may update this Policy from time to time to reflect changes in our practices, the Service, or applicable law. If we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of baaby.com after any changes to this Policy take effect constitutes your acceptance of the revised Policy. We encourage you to review this Policy periodically, along with our Terms of Service and Privacy Policy.

8. Contact Information

If you have questions about this Policy, need to submit a DMCA takedown notice or counter-notification, or have general questions about copyright on baaby.com, please contact us at:

• Email: [email protected]
• Attention: Kellee Khalil, Luminous Pathways LLC (Baaby)
• Address: Brewster, NY 10509

This Policy does not constitute legal advice. If you have questions about your rights or obligations under copyright law, we encourage you to consult a qualified attorney.