Copyright and IP Policy

1. Introduction

1.1 A.R.E., trading as HandSkill Beauty ("HandSkill Beauty", "we", "us" or "our"), respects the intellectual property rights of others and requires all users of the platform at www.handskillbeauty.com and of the HandSkill Beauty mobile applications (together, the "Platform") to do the same.

1.2 This Policy explains who owns what on the Platform, what users may and may not upload, how to notify us of an alleged infringement, how a user whose content has been removed may respond, and how we deal with repeat infringers. It forms part of, and is incorporated into, our Terms and Conditions.

2. Ownership of Platform Material

2.1 The Platform, and all software, code, databases, designs, layouts, graphics, icons, illustrations, text and compilations comprised in it, are owned by HandSkill Beauty or licensed to it and are protected by copyright, database right, design right, trade mark law and trade secret law.

2.2 The name HandSkill Beauty, the HandSkill Beauty logo, and all related names, marks, designs and slogans are trade marks of A.R.E. They may not be used without our prior written consent, except by an ambassador or talent scout strictly in accordance with any brand guidelines we publish.

2.3 Nothing on the Platform grants any licence to use any trade mark, logo or brand asset displayed on it, whether ours or that of a third party.

3. Ownership of User Content

3.1 Users retain ownership of the content they upload, including portfolio photographs and videos, profile images, service descriptions and reviews.

3.2 By uploading content, a user grants HandSkill Beauty the licence set out in the Terms and Conditions, which permits us to host, store, adapt for technical purposes, publish, display, translate and promote that content for the purposes of operating and promoting the Platform.

3.3 A user who uploads content warrants that the user owns or holds all rights necessary to grant that licence, and that the content does not infringe the rights of any person.

4. Portfolio Images, Model Releases and Third-Party Rights

4.1 A professional who uploads a photograph or video depicting an identifiable person must first obtain that person's informed written consent to the capture, upload, publication and promotional use of the image, and to the processing of the image under applicable data protection law.

4.2 Consent must be obtained separately from the performance of any service, must not be a condition of receiving a service, must identify how and where the image will be used, and must be capable of being withdrawn. The professional must retain evidence of consent and must produce it to us on request.

4.3 Where consent is withdrawn, the professional must remove the image promptly. Where we are notified that an image has been published without consent, we will remove or restrict it while the matter is investigated.

4.4 Images must not depict any person under the age of eighteen.

4.5 A professional must not upload an image that: was created by another practitioner or photographer without that person's licence; was obtained from a stock library, a website, a social media account or a search engine without a licence permitting commercial use; depicts a result the professional did not personally achieve; or has been edited, filtered or retouched in a way that materially misrepresents the outcome of a service.

4.6 Where a photograph was taken by a professional photographer, copyright ordinarily belongs to the photographer rather than to the person who commissioned or is depicted in it. A user who wishes to upload such an image must obtain a licence from the copyright owner.

4.7 Uploading content that infringes another person's copyright, trade mark, design right, right of publicity or right of privacy is a material breach of the Terms and Conditions.

5. Notice of Claimed Copyright Infringement

5.1 We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. section 512.

5.2 If you own a copyright, or are authorised to act on behalf of the owner, and you believe that material on the Platform infringes that copyright, you may send a written notification to our designated agent, identified in Section 9, containing all of the following:

1. A physical or electronic signature of the copyright owner or of a person authorised to act on the owner's behalf.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single site are covered by a single notification, a representative list of those works.
3. Identification of the material claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate it, including the direct link or the profile and listing on which it appears.
4. Information reasonably sufficient to permit us to contact you, including your name, postal address, telephone number and electronic mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or are authorised to act on the owner's behalf.

5.3 A notification that does not substantially comply with Section 5.2 may not be effective and may be returned to you for completion. We may disregard a notification that is plainly abusive or that is submitted in bad faith.

5.4 On receipt of a compliant notification, we will act expeditiously to remove or disable access to the material identified, will notify the user who uploaded it, and will provide that user with a copy of the notification, including the identity and contact details of the complainant. If you do not wish your contact details to be passed to the user concerned, you should be aware that we are required to provide them in order to operate the counter-notification procedure.

6. Counter-Notification

6.1 If your material has been removed or disabled and you believe that it was removed as a result of mistake or misidentification, you may send a written counter-notification to our designated agent containing all of the following:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location at which it appeared before removal.
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.
4. Your name, postal address and telephone number.
5. 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, of any judicial district in which HandSkill Beauty may be found, and that you will accept service of process from the person who submitted the notification or from that person's agent.

6.2 On receipt of a compliant counter-notification, we will forward it to the original complainant and will inform them that we will restore the material in not less than ten and not more than fourteen business days, unless the complainant first notifies us that they have filed an action seeking a court order to restrain the allegedly infringing activity.

6.3 Submitting a counter-notification exposes you to legal proceedings. If you are unsure, you should take independent legal advice before submitting one.

7. Repeat Infringer Policy

7.1 We maintain and enforce a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

7.2 A user who receives a compliant notification of infringement receives a strike, unless the material is restored following a counter-notification or the notification is withdrawn. A user who accumulates three strikes will have their account terminated, and we may refuse to permit that user to re-register.

7.3 We may terminate an account immediately, without waiting for three strikes, where the infringement is flagrant, wilful or commercial in scale, or where the user has previously been terminated for infringement.

7.4 We maintain records of notifications, counter-notifications and strikes for the purpose of operating this policy.

8. Trade Mark, Right of Publicity and Other Complaints

8.1 If you believe that content on the Platform infringes your trade mark, you may notify us at copyright@handskillbeauty.com. Please identify the mark, the jurisdiction and registration number where the mark is registered, the goods and services for which it is registered or used, the content complained of, the basis on which you say it infringes, and your contact details, together with a statement that you have a good faith belief that the use is not authorised.

8.2 If you believe that your name, image, likeness or voice has been used on the Platform without your consent, you may notify us at privacy@handskillbeauty.com. We will remove or restrict the content while the matter is investigated. This route is available in respect of rights of publicity and personality, and in respect of images published without a valid model release.

8.3 If you believe that content on the Platform is defamatory, discloses your private information, or otherwise breaches your rights, you may notify us at legal@handskillbeauty.com with a full description of the content and of the basis of your complaint.

9. Designated Agent for Notice of Claimed Infringement

9.1 Notifications and counter-notifications under Sections 5 and 6 must be sent to our designated agent.

9.5 Notices sent to any other address or department may not be effective and may delay our response.

10. Complaints Outside the United States

10.1 Rights holders outside the United States may use the same notification procedure. Where a complaint is made under the law of another jurisdiction, including Article 17 of the European Union Directive on Copyright in the Digital Single Market, the notice and action provisions of the Digital Services Act, or the Copyright, Designs and Patents Act 1988 in the United Kingdom, we will assess the complaint under the applicable law and will act expeditiously where the complaint is substantiated.

10.2 Where a complaint concerns content that is lawful in one jurisdiction and unlawful in another, we may restrict access to the content in the jurisdiction concerned rather than remove it globally.

11. Misrepresentation and Abuse of This Procedure

11.1 Under 17 U.S.C. section 512(f), a person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be liable for damages, including costs and legal fees, incurred by the alleged infringer, by any copyright owner or licensee, or by us.

11.2 We may suspend or terminate the account of any user who repeatedly submits notifications in bad faith, who uses this procedure to harass a competitor, or who submits a notification in respect of content they do not own.

12. No Legal Advice

12.1 This Policy describes our procedures. It is not legal advice and does not address the merits of any particular claim. If you are unsure whether content infringes your rights, or whether your own content infringes the rights of another, you should take independent legal advice.

13. Changes and Contact

13.1 We may update this Policy from time to time. The version number and effective date at the head of this document identify the current version.

13.2 Questions about this Policy may be directed to copyright@handskillbeauty.com.

13.3 The English language version of this Policy is the authoritative version. Any translation is provided for convenience only and, in the event of any inconsistency, the English version prevails.