Common use of Counter Notification Clause in Contracts

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. Users who have been the subject of a DMCA copyright notice may write a counter notification under 17 U.S.C. § 512(g)(3). 512(g) Before sending a counter notification, EO Aptum 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 EOAptum, Users must provide a written communication to EOXxxxx’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 Aptum 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 Aptum 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 Aptum 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 Xxxxx 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 Aptum 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.