Counter Notification Sample Clauses

Counter Notification. If you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to the DMCA, you may send us a Counter Notification (“Counter Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • 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 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; • Your name, address, and telephone number; • A statement that you consent to the jurisdiction of United States District Court for the [insert name of federal judicial district where you live] (or, if you are located outside of the United States, in the United States District Court for the District of Kansas); • A statement that you will accept service of process from the person who submitted the Notification or his/her agent; and • Your signature, in physical or electronic form. Upon receipt of such Counter Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will replace the removed material or will cease disabling access to it in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Affinity’s Designated Agent first receives notice from the person who submitted the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to materials on Affinity’s system or network.
AutoNDA by SimpleDocs
Counter Notification. If you believe your own copyrighted material has been removed from our Sites and/or our service as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
Counter Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the Digital Millennium Copyright Act, 17 U.S.C. (the "Copyright Act") Section 512(g)(3) to confirm these requirements): (i) Your physical or electronic signature; (ii) 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. Providing URLs in the body of an email is the best way to help us locate content quickly; (iii) 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; and (iv) 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 the address is located, or if your address is outside of the United States, for any judicial district in which Consumer Ledger may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
Counter Notification. If you believe that the material you posted was removed from the Services by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the DMCA to confirm these requirements): (i) Your physical or electronic signature; (ii) 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. Providing URLs in the body of an email is the best way to help us locate content quickly; (iii) 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; and (iv) 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 the address is located, or if your address is outside of the United States, for any judicial district in which the Services may be found or accessed, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
Counter Notification. Users who have been the subject of a DMCA copyright notice may write a counter notification under 17 U.S.C. § 512(g)(3). Before sending a counter notification, EO suggests that its Users contact an attorney. Users should be aware that they will be liable for damages, including without limitation costs and attorneys’ fees, if they materially misrepresent that a product or activity is not infringing the copyright(s) of another. To file a counter notification with EO, Users must provide a written communication to EO’s Designated Copyright Agent (address provided above) that sets forth the following items: (i) A physical or electronic signature of the User; (ii) Identification of the material that has been removed or disabled, and its prior location; (iii) A statement, under penalty of perjury, that the User has a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification; (iv) The User’s name, address, and telephone number(s); (v) A statement that the User consents to the jurisdiction of the federal district court for the judicial district in which the User’s address is located, or, if the User’s address is outside of the United States, for any judicial district in which EO may be found; and (vi) A statement that the User will accept service of process from the complainant or the complainant’s agent. Upon receipt of a valid counter-notification from the User, EO will provide the complainant with a copy of the counter-notification. If the counter-notification is presented in accordance with the requirements of this AUP, EO will post the disputed content again or re-enable access to it. The complainant then has 10 business days to notify the Designated Copyright Agent that it has filed a request for a court order to restrain the infringing activity. In all events, EO will not be a party to any dispute between third parties over alleged copyright infringement and will not seek to make an independent determination as to the validity of any claim that is the subject of any complaint or counter-notification. EO is providing you the information in this AUP, including without limitation the complaint and counter- notification procedures set forth in this Section 2, for informational purposes only. This information should not be construed as legal advice. If you believe that your rights have been violated and to help you understand your legal rights, you may wish to seek independent legal counsel.
Counter Notification. If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information: • A physical or electronic signature; • 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 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; and • 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 the address is located, or if your address is outside of the U.S., for any judicial district in which Tourneau may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. We will respond to counter notifications in accordance with the DMCA.
Counter Notification. If you receive a notification from Smerf that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Smerf with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Xxxxx’s Designated Agent through one of the methods identified in Section 10.2, and include substantially the following information: (a) your physical or electronic signature; (b) 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; (c) 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; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Smerf may be found, and that you will accept service of process from the person who provided notification under Section 10.2 above or an agent of that person. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
AutoNDA by SimpleDocs
Counter Notification. If you receive a notification from 4SPACES LTD that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide 4SPACES LTD with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to 4SPACES LTD’s Designated Agent through one of the methods identified immediately above, and include substantially the following information:
Counter Notification. If you receive a notification from Current that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Current with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Current’s Designated Agent through one of the methods identified in Section 9.d and include substantially the following information: i. A physical or electronic signature of the subscriber; ii. 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; iii. A statement under penalty of perjury that the subscriber 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; and iv. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, then for any judicial district in which Current may be found, and that the subscriber will accept service of process from the person who provided notification under Section 9.d above or an agent of such person. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
Counter Notification. If you believe your own copyrighted material has been removed from the ZenoRadio Service as a result of mistake or misidentification, you may submit a written counter notification (“Counter Notification”) to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!