Common use of Counter Notification Clause in Contracts

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.

Appears in 1 contract

Samples: End User License Agreement and Terms of Service

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Counter Notification. If you receive a notification from Smerf Cognoa that material made available by you on or through the Service HCP Portal has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Smerf Cognoa with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to XxxxxCognoa’s Designated Agent through one of the methods identified in Section 10.211.2, and include substantially the following information: (a) a. your physical or electronic signature; (b) 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) 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) 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 Cognoa may be found, and that you will accept service of process from the person who provided notification under Section 10.2 11.2 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.

Appears in 1 contract

Samples: Healthcare Provider Terms and Conditions

Counter Notification. If you receive a notification from Smerf us 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 us with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Xxxxx’s our Designated Agent through one of the methods identified in Section 10.2, 13.2 above 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 we may be found, and that you will accept service of process from the person who provided notification under in accordance with Section 10.2 13.2 above or an agent of that person. . a. 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.

Appears in 1 contract

Samples: User Agreement

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Counter Notification. If you receive a notification from Smerf Cognoa that material made available by you on or through the Service App has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Smerf Cognoa with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to XxxxxCognoa’s Designated Agent through one of the methods identified in Section 10.211.2, and include substantially the following information: (a) a. your physical or electronic signature; (b) 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) 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) 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 Cognoa may be found, and that you will accept service of process from the person who provided notification under Section 10.2 11.2 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.

Appears in 1 contract

Samples: Terms and Conditions

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