DMCA Counter-Notification Procedures Sample Clauses

DMCA Counter-Notification Procedures. If a Subscriber or other third party (a “Responding Party”) believes that its data, information or materials were removed or access to it was disabled by mistake or misidentification, it may file a counter-notification with GreenBlue (a “DMCA Counter-Notice”) by submitting written notification to the GreenBlue Intellectual Property Agent (identified above). Pursuant to the DMCA, the DMCA Counter-Notice must include substantially the following: ● The physical or electronic signature of the Responding Party; ● 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 disabled; ● A statement under penalty of perjury by the Alleging Party (or an authorized officer thereof) that it has a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; ● The name, address, and telephone number of the Responding Party (and if it wishes to facilitate GreenBlue’s ability to contact you, its e-mail address); and ● A statement that the Responding Party consents to the jurisdiction of the Federal District Court for the judicial district in which its address is located (or if its address is outside of the United States, for any judicial district in which GreenBlue may be found), and that it will accept service of process from the person who provided GreenBlue with the DMCA Notice at issue. The DMCA allows GreenBlue to restore the removed content if the party filing the original DMCA Notice does not file a court action against the Responding Party within ten (10) business days of receiving the copy of the Responding Party’s DMCA Counter-Notice. If a Responding Party knowingly materially misrepresents that material or activity on the Website or the Subscriber Site was removed or disabled by mistake or misidentification, such Responding Party may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
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DMCA Counter-Notification Procedures. If you believe that your User Content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Peripheral Brain (a “DMCA Counter-Notice”) by submitting written notification to the Peripheral Brain Intellectual Property Agent (identified above). Pursuant to the DMCA, the DMCA Counter-Notice must include substantially the following: • Your 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 disabled; • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; • Your name, address, and telephone number (and if you wish to facilitate our ability to contact you, your e-mail address); and • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if your address is outside of the United States, for any judicial district in which Peripheral Brain may be found), and that you will accept service of process from the person who provided us with the DMCA Notice at issue. The DMCA allows Peripheral Brain to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your DMCA Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Peripheral Brain System was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
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Related to DMCA Counter-Notification Procedures

  • Notification Procedures To address non-compliance, the receiving Competent Authority would notify the providing Competent Authority pursuant to Article 5 of the IGA. The notification procedures would differ depending upon whether the receiving Competent Authority seeks to address administrative or other minor errors or significant non-compliance.

  • Notification Procedure (i) Each such notice shall be deemed to have been delivered:

  • Application Procedures a) An employee applies for a listing on the system-wide registry through the employee’s Human Resources Department by completing the form in Appendix B.

  • Election Procedures Each holder of record of shares of Company Common Stock (“Holder”) shall have the right, subject to the limitations set forth in this Article II, to submit an election in accordance with the following procedures:

  • Induction Procedures a) The parties to this Agreement acknowledge that it is in the interests of the industry that all new employees and employers on a building project understand their obligations to this Agreement and are introduced to their jobs in a manner which will help them work safely and efficiently.

  • Selection Procedures In selecting the Loan Assets to be Pledged pursuant to this Agreement, no selection procedures were employed which are intended to be adverse to the interests of the Lenders.

  • Procurement procedures 11.1 The Recipient must secure the best value for money and shall act in a fair, open and non-discriminatory manner in all purchases of goods and services.

  • AML/KYC Procedures “AML/KYC Procedures” means the customer due diligence (CDD) procedures of a Reporting Financial Institution pursuant to the anti-money laundering or similar requirements of the jurisdiction concerned to which such Reporting Financial Institution is subject.

  • TERMINATION PROCEDURES The Contractor acknowledges that this Agreement may be terminated for Convenience or Default.

  • Payment Procedures Upon receipt of a Right Certificate representing exercisable Rights, with the form of election to purchase and certification duly executed, accompanied by payment of the aggregate Purchase Price for the total number of one one-hundredths of a Preferred Share to be purchased and an amount equal to any applicable transfer tax required to be paid by the holder of such Right Certificate in accordance with Section 9, in cash or by certified or cashier's check or money order payable to the order of the Company, the Rights Agent shall thereupon promptly (i)(A) requisition from any transfer agent of the Preferred Shares (or make available, if the Rights Agent is the transfer agent) certificates for the number of Preferred Shares to be purchased and the Company hereby irrevocably authorizes its transfer agent to comply with all such requests, or (B) if the Company shall have elected to deposit the total number of Preferred Shares issuable upon exercise of the Rights hereunder with a depository agent, requisition from the depositary agent depositary receipts representing interests in such number of one one-hundredths of a Preferred Share as are to be purchased (in which case certificates for the Preferred Shares represented by such receipts shall be deposited by the transfer agent with the depositary agent) and the Company hereby directs the depositary agent to comply with all such requests, (ii) when appropriate, requisition from the Company the amount of cash to be paid in lieu of the issuance of fractional shares in accordance with Section 14 or otherwise in accordance with Section 11.1.3, (iii) promptly after receipt of such certificates or depositary receipts, cause the same to be delivered to or upon the order of the registered holder of such Right Certificate, registered in such name or names as may be designated by such holder and (iv) when appropriate, after receipt, promptly deliver such cash to or upon the order of the registered holder of such Right Certificate. In the event that the Company is obligated to issue other securities of the Company, pay cash and/or distribute other property pursuant to Section 11.1.3, the Company will make all arrangements necessary so that such other securities, cash and/or other property are available for distribution by the Rights Agent, if and when appropriate.

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