Common use of Digital Millennium Copyright Act Clause in Contracts

Digital Millennium Copyright Act. A. If you are a copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):  A physical or electronic signature of a person authorized to act on behalf of the 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 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 the service provider to locate the material;  Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;  A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Company's designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at xxxx@xxxxx0xxx.xxx. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid. B. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:  Your physical or electronic signature;  Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;  A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Northern Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at Company's sole discretion.

Appears in 1 contract

Samples: Terms of Use

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Digital Millennium Copyright Act. A. If you are a AugX is committed to respecting and protecting the legal rights of copyright owner or an agent thereof and believe that any content owners in our Services infringes upon your copyrights, you may submit a notification pursuant to accordance with the Digital Millennium Copyright Act ("DMCA"Section 512(c)(3) by providing our Copyright Agent of the DMCA (17 U.S.C. § 512 et seq.)). If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement (a “DMCA Takedown Notice”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):  information: ● A physical or electronic signature of a person authorized to act on behalf of the 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 are covered by a single notification, a representative list of such works at that siteworks; 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mailemail address; A statement that you have 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 that, under penalty of perjury, the information in the notification is accurate, accurate and under penalty of perjury, that you are authorized to act on behalf of the owner of an the exclusive right that is allegedly infringed. Company's designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at xxxx@xxxxx0xxx.xxxAny DMCA Takedown Notice should be sent to: xxxxxxxx@xxxxxxxx.xxx. You acknowledge that if you fail for AugX to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section your DMCA notice may not be validSection. B. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:  Your physical or electronic signature;  Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;  A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Northern Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at Company's sole discretion.

Appears in 1 contract

Samples: Terms of Service

Digital Millennium Copyright Act. A. If you are a copyright owner or an agent thereof and believe that any user submission or other content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent Future Engineers with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the 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 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mailmail address; A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Company's designated method DMCA claims may be sent to receive notifications of claimed infringement is the following address: Future Engineers, LLC 000 X. Xxxxxxxx Xxxx Xxxxx 000 Pasadena, CA 91105 Or sent by emailing the Copyright Agent at xxxx@xxxxx0xxx.xxx. email to: xxxxxxx@xxxxxxxxxxxxxxx.xxx You acknowledge that if you fail to comply with all of the requirements of this Section Section, your DMCA notice may not be valid. B. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:  Your physical or electronic signature;  Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;  A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Northern Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at Company's sole discretion.

Appears in 1 contract

Samples: Terms of Service

Digital Millennium Copyright Act. A. a) We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you are believe your work has been copied and is accessible through the Services in a way that constitutes copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrightsinfringement, you may submit a notification pursuant to the Digital Millennium Copyright Act notify our designated copyright agent ("DMCA"specified below) by providing our Copyright Agent in writing with the following information and in writing (see the form required by 17 U.S.C 512(c)(3U.S.C. 512 of the United States Copyright Act: i) for further detail):  A provide your physical or electronic signature of a person authorized to act on behalf of signature; ii) identify the owner of an exclusive right copyright work that you believe is allegedly being infringed;  Identification of ; iii) identify the copyrighted item in the Services that you think is infringing your 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 and include sufficient information about where the material that is claimed to be infringing or to be located on 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 the service provider to locate the material;  Information reasonably sufficient to permit the service provider website; iv) provide us a way to contact you, such as an your address, telephone number, and, if available, an electronic mail;  A phone number or email address; v) provide a statement that you have a believe in good faith belief that use of the material in the manner complained of item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and  A and vi) provide a statement by you, made under penalty of xxxxxxx, that the information you provide in the notification your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner whose work is being infringed. b) Interim Designation of an exclusive right Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act: Madefire, Inc. Attn: DMCA Agent Madefire Inc. 000 Xxxxxx Xxx. Berkeley, CA, 94710 Telephone: [Insert contact number] Email: xxxxxxx@xxxxxxxx.xxx Madefire Inc. 000 Xxxxxx Xxx. Berkeley, CA, 94710 Telephone: +0 (000) 000-0000 Madefire only accepts counter-notifications that is allegedly infringed. Company's designated method meet the requirements set forth above and are received from the email address associated with the account you used to receive notifications upload the content within seven (7) business days of claimed infringement is by emailing our forwarding you the Copyright Agent at xxxx@xxxxx0xxx.xxxDMCA notice. You acknowledge may submit your counter-notification by sending it to our Designated DMCA Agent by mail or e-mail. Please note that if you fail to comply with all under Section 512(f) of the requirements of this Section your DMCA notice may not be valid. B. If you believe DMCA, any person who knowingly materially misrepresents that your content that was removed (material or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:  Your physical or electronic signature;  Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;  A statement that you have a good faith belief that the content activity was removed or disabled as a result of by mistake or a misidentification of the content; and  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Northern Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access subject to it restored, in 10 or more business days after receipt of the counter-notice, at Company's sole discretionliability.

Appears in 1 contract

Samples: Terms of Use

Digital Millennium Copyright Act. A. If you are a copyright owner or an agent thereof and believe that any content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the 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 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of Certain third parties may be third party beneficiaries to this contract. For example, without limitation, Apple Inc., Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, or Microsoft Windows-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. However, your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service. 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Company's designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at xxxx@xxxxx0xxx.xxxxxxxxxx@xxxxx.xxx. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid. B. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts court in Northern VirginiaNew Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at Company's sole discretion.

Appears in 1 contract

Samples: Terms of Service

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Digital Millennium Copyright Act. A. If you are a AugX is committed to respecting and protecting the legal rights of copyright owner or an agent thereof and believe that any content owners in our Services infringes upon your copyrights, you may submit a notification pursuant to accordance with the Digital Millennium Copyright Act ("DMCA"Section 512(c)(3) by providing our Copyright Agent of the DMCA (17 U.S.C. § 512 et seq.)). If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement (a “DMCA Takedown Notice”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):  information: ● A physical or electronic signature of a person authorized to act on behalf of the 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 are covered by a single notification, a representative list of such works at that siteworks; 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mailemail address; A statement that you have 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 that, under penalty of perjury, the information in the notification is accurate, accurate and under penalty of perjury, that you are authorized to act on behalf of the owner of an the exclusive right that is allegedly infringed. Company's designated method to receive notifications of claimed infringement is by emailing the Copyright Agent at xxxx@xxxxx0xxx.xxxAny DMCA Takedown Notice should be sent to: [EMAIL]. You acknowledge that if you fail for AugX to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section your DMCA notice may not be validSection. B. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:  Your physical or electronic signature;  Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;  A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Northern Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at Company's sole discretion.

Appears in 1 contract

Samples: Terms of Service

Digital Millennium Copyright Act. A. If you are a copyright owner or an agent thereof and believe that any user submission or other content in our Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent Future Engineers with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the 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 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mailmail address; A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Company's designated method DMCA claims may be sent to receive notifications of claimed infringement is the following address: Future Engineers, LLC 0000 X. Xxxxxxx Xxx. Suite 1200 Burbank, CA 91505 Or sent by emailing the Copyright Agent at xxxx@xxxxx0xxx.xxx. email to: xxxxxxx@xxxxxxxxxxxxxxx.xxx You acknowledge that if you fail to comply with all of the requirements of this Section Section, your DMCA notice may not be valid. B. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:  Your physical or electronic signature;  Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;  A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Northern Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 or more business days after receipt of the counter-notice, at Company's sole discretion.

Appears in 1 contract

Samples: Terms of Service

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