Common use of Copyright Infringement Notification Clause in Contracts

Copyright Infringement Notification. If you believe that Content available on or through this Site infringes one or more of your copyrights, or that your intellectual property rights have otherwise been violated through Content posted on this Site, please send Affinity’s Designated Agent, whose name and contact information is provided above, a written Copyright Infringement Notification (“Notification”), preferably through e-mail, that complies with the DMCA and provides all of the information described below: • 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 at that Site; • 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, and information reasonably sufficient to permit Affinity to locate the material; • Information reasonably sufficient to permit Affinity to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; • A statement that the complaining party 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 information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Appears in 3 contracts

Samples: Terms of Use, Terms of Use Agreement, Terms of Use Agreement

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Copyright Infringement Notification. If To file a copyright infringement notification with us, you believe that Content available on or through this Site infringes one or more of your copyrights, or that your intellectual property rights have otherwise been violated through Content posted on this Site, please will need to send Affinity’s Designated Agent, whose name and contact information is provided above, a written Copyright Infringement Notification communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of title 17 of the United States Code (“NotificationCopyright Act), preferably through e-mail, that complies with the DMCA and provides all ) to confirm these requirements):  A physical or electronic signature of a person authorized to act on behalf of the information described below: • owner of an exclusive right that is allegedly infringed;  Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site site are covered by a single notification, a representative list of such works at that Sitesite; 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, and information reasonably sufficient to permit Affinity us to locate the material. Providing URLs to the work(s) and track titles of the work(s) as displayed at those URLs in the body of an email is the best way to help us locate content quickly; Information reasonably sufficient to permit Affinity us to contact the complaining party, such as an address, telephone number, and, if available, an e-electronic mail address at which the complaining party may be contacted; A statement that the complaining party 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; and  A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and • A physical or electronic signature . Such written notice should be sent to our designated agent by written communication to: HOMEMAKER DMCA Complaints ATTN: Copyright Infringement Notification 000 Xxxxx 0xx Xx.,Xxxxx 000, Xxxxxxxxxxxx, XX 00000 After we receive your copyright infringement notification, we will expeditiously take down the work(s). If applicable, we will attempt to notify the alleged infringer of the owner copyright infringement notification and point them to the procedure for counter-notification. We will not share your personal information with the alleged infringer. If we receive a relevant counter-notification from the alleged infringer, we will forward it to you. You will have ten (10) days to notify us that you have filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Homemaker’s Website or Services. If we receive such a person authorized to act on behalf notification, we will not restore the material. If we do not receive such notification, we may reinstate the material. Please also note that under Section 512(f) of the owner of an exclusive right Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Information provided in this legal notice may be forwarded to the person who provided the allegedly being infringedinfringing content.

Appears in 1 contract

Samples: Website Terms and Conditions of Use

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