Common use of Infringement Claims Clause in Contracts

Infringement Claims. You may submit an infringement claim notice to us at our Contact Formavailable here if you have a good faith belief that Your Content has been copied and made accessible through the Services (including as a part of the Service Content or Third Party Content) in violation of your Inte lectual Property Rights. A copyright infringement claims notice must include at (i) the identification of such a legedly infringing materials, including information su ficient for us to locate it within our Services, ( i) a demand that such a legedly infringing materials be removed or access disabled, ( i) 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; (iv) 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 a legedly infringed; (v) contact information for you, such as address, phone number, and, if available, an email address; and (vi) must be signed by you or the person authorized to act on behalf of the owner of the a legedly infringed work (the “Notice Requirements”). Pursuant to 17 U.S.C. 512(c)(3), if the above Notice Requirements are not met, we may disregard the notice. Pursuant 17 U.S.C. 512(f), be advised that knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, may subject you to heavy civil penalties. These penalties include monetary damages, including costs and attorneys' fees, incurred by the a leged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by your misrepresentation. If we make a decision to remove Your Content in response to a complaint, we may notify you and provide you with contact information for the complaining party. You may also object to such determination by writing to our designated agent, which must contain the fo lowing information pursuant to 17 U.S.C. 512(g)(3), (i) your physical or electronic signature; ( i) 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; ( i) a statement under penalty of perjury that the 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, phone 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 located outside of the United States, for any judicial district in which the service provider may be found, and that you wil accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person.

Infringement Claims. You may submit an infringement claim notice to us at our Contact Formavailable here if you have a good faith belief that Your Content has been copied and made accessible through the Services (including as a part of the Service Content or Third Party Content) in violation of your Inte lectual Property Rights. A copyright infringement claims notice must include at (i) the identification of such a legedly infringing materials, including information su ficient suf icient for us to locate it within our Services, ( i) a demand that such a legedly infringing materials be removed or access disabled, ( i) 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; (iv) 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 a legedly infringed; (v) contact information for you, such as address, phone number, and, if available, an email address; and (vi) must be signed by you or the person authorized to act on behalf of the owner of the a legedly infringed work (the “Notice Requirements”). Pursuant to 17 U.S.C. 512(c)(3), if the above Notice Requirements are not met, we may disregard the notice. Pursuant 17 U.S.C. 512(f), be advised that knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, may subject you to heavy civil penalties. These penalties include monetary damages, including costs and attorneys' fees, incurred by the a leged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by your misrepresentation. If we make a decision to remove Your Content in response to a complaint, we may notify you and provide you with contact information for the complaining party. You may also object to such determination by writing to our designated agent, which must contain the fo lowing information pursuant to 17 U.S.C. 512(g)(3), (i) your physical or electronic signature; ( i) 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; ( i) a statement under penalty of perjury that the 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, phone 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 located outside of the United States, for any judicial district in which the service provider may be found, and that you wil accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person.

Infringement Claims. You may submit All Claims that any Provider Assets, Work Product, Provider Software, Provider Licensed Software, Services or any other item, information, system, Deliverable, software or service provided or used under the Agreement (the “Affected Material”) by Provider (or any Provider Agent), or use thereof (or access or other rights thereto) in accordance with the terms of the Agreement, infringes or misappropriates any Intellectual Property Right of a Third Party. If any Affected Material is held to constitute, or in Provider’s reasonable CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. judgment is likely to constitute, an infringement claim notice or misappropriation, Provider will, in addition to us its indemnity obligations, at our Contact Formavailable here if you have a good faith belief that Your Content has been copied its expense and made accessible through the Services (including as a part of the Service Content or Third Party Content) option, and after consultation with Customer regarding Customer’s preference in violation of your Inte lectual Property Rights. A copyright infringement claims notice must include at such event, either: (i) procure the identification right for Customer Indemnitees to continue using such Affected Material; (ii) provide Customer with an opinion of counsel reasonably acceptable to Customer as to the invalidity of the asserted Intellectual Property Rights or the non-infringement of the Affected Material; (iii) replace such Affected Material with a legedly non-infringing materialsequivalent, including information su ficient for us to locate it within our Services, ( i) a demand provided that such replacement does not result in a legedly infringing materials be removed or access disabled, ( i) a statement that you have a good faith belief that use degradation of the material in functionality, performance or quality of the manner complained Affected Material, accompanied by an opinion of is not authorized by counsel reasonably acceptable to Customer as to the copyright owner, its agent, or non-infringement of the lawAffected Material and the replacement integrated therein; (iv) modify such Affected Material, or have such Affected Material modified, to make it non-infringing, provided that such modification does not result in a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf degradation of the owner functionality, performance or quality of the Affected Material, accompanied by an exclusive right that is a legedly infringedopinion of counsel reasonably acceptable to Customer as to the non-infringement of the Affected Material and the replacement integrated therein; or (v) contact information for youcreate a workaround that would not have any adverse impact on Customer Group, such accompanied by an opinion of counsel reasonably acceptable to Customer as address, phone number, and, if available, an email address; and (vi) must be signed by you or to the person authorized to act on behalf non-infringement of the owner Affected Material and the replacement integrated therein. Provider shall have no liability or obligation to any of the Customer Indemnitees under this paragraph (a) with respect to the Affected Materials due to: (A) such Customer Indemnitee’s unauthorized use or modification of such item; (B) such Customer Indemnitees’ failure to use corrections or enhancements made available by Provider to Customer within a legedly infringed work reasonable period of time after such corrections or enhancements were first made available to Customer without cost; or (the “Notice Requirements”)C) such Customer Indemnitee’s use of such item in combination with any product or equipment not owned, developed, contemplated or authorized by Provider, except where Provider knew or should reasonably have known that such combination would be used by Customer or such Customer Indemnitee and did not object. Pursuant to 17 U.S.C. 512(c)(3), if the above Notice Requirements are not met, we may disregard the notice. Pursuant 17 U.S.C. 512(f), be advised that knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, may subject you to heavy civil penalties. These penalties include monetary damages, including costs The foregoing sentence constitutes Customer’s sole and attorneys' fees, incurred by the a leged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by your misrepresentation. If we make a decision to remove Your Content in response to a complaint, we may notify you and provide you with contact information for the complaining party. You may also object to such determination by writing to our designated agent, which must contain the fo lowing information pursuant to 17 U.S.C. 512(g)(3), (i) your physical or electronic signature; ( i) 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; ( i) a statement under penalty of perjury that the 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, phone numberexclusive remedy, and a statement that you consent Provider’s entire liability, with respect to the jurisdiction claims of Federal District Court for the judicial district in which the address is located, infringement or if you are located outside misappropriation of the United States, for any judicial district in which the service provider may be found, and that you wil accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such personThird Party Intellectual Property Rights.

Infringement Claims. You may submit an infringement claim notice to us at our Contact Formavailable Form available here if you have a good faith belief that Your Content has been copied and made accessible through the Services (including as a part of the Service Content or Third Party Content) in violation of your Inte lectual Intellectual Property Rights. A copyright infringement claims notice must include at (i) the identification of such a legedly infringing materials, including information su ficient suf icient for us to locate it within our Services, ( i) a demand that such a legedly allegedly infringing materials be removed or access disabled, ( i) 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; (iv) 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 a legedly infringed; (v) contact information for you, such as address, phone number, and, if available, an email address; and (vi) must be signed by you or the person authorized to act on behalf of the owner of the a legedly allegedly infringed work (the “Notice Requirements”). Pursuant to 17 U.S.C. 512(c)(3), if the above Notice Requirements are not met, we may disregard the notice. Pursuant 17 U.S.C. 512(f), be advised that knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, may subject you to heavy civil penalties. These penalties include monetary damages, including costs and attorneys' fees, incurred by the a leged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider who is injured by your misrepresentation. If we make a decision to remove Your Content in response to a complaint, we may notify you and provide you with contact information for the complaining party. You may also object to such determination by writing to our designated agent, which must contain the fo lowing information pursuant to 17 U.S.C. 512(g)(3), (i) your physical or electronic signature; ( i) 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; ( i) a statement under penalty of perjury that the 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, phone 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 located outside of the United States, for any judicial district in which the service provider may be found, and that you wil accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such person.

Infringement Claims. You may submit an If any content posted on a Pringles website infringes on your copyright, please notify our designated agent by email, using the email mechanism on the Contact Us page. Xxxxxxxx investigates notices of alleged infringement claim and takes appropriate actions under applicable law. Your notice to us at our Contact Formavailable here if you have a good faith belief that Your Content has been copied and made accessible through the Services of claimed infringement must include: (including as a part a) physical or electronic signature of the Service Content or Third Party Contentcopyright owner of authorized agent; (b) in violation of your Inte lectual Property Rights. A copyright infringement claims notice must include at (i) the identification of such a legedly the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing materialsand that is to be removed from the site, including as well as information su ficient for reasonably sufficient to permit us to locate it within our Servicesthe material; (d) information reasonably sufficient to permit us to contact the copyright owner, ( i) a demand that such a legedly infringing materials be removed or access disabledas an address, ( itelephone number, and, if available, an electronic mail address; (e) 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 applicable law; and (ivf) 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 a legedly infringed; (v) contact information for you, such as address, phone number, and, if available, an email address; and (vi) must be signed by you or the person authorized to act on behalf of the owner of the a legedly infringed work (the “Notice Requirements”). Pursuant to 17 U.S.C. 512(c)(3), if the above Notice Requirements are not met, we may disregard the notice. Pursuant 17 U.S.C. 512(f), be advised that knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification, may subject you to heavy civil penalties. These penalties include monetary damages, including costs and attorneys' fees, incurred by the a leged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider . Claimants who is injured by your misrepresentation. If we make a decision to remove Your Content in response to a complaint, we misrepresentations concerning copyright infringement may notify you and provide you with contact information be liable for the complaining party. You may also object to such determination by writing to our designated agent, which must contain the fo lowing information pursuant to 17 U.S.C. 512(g)(3), (i) your physical or electronic signature; ( i) 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; ( i) a statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled damages incurred as a result of mistake the removal or misidentification blocking of the material material, court costs, and lawyer’s fees. Membership Account Certain sections of our website may only be available to be removed or disabledyou upon registration for a website account. By registering, you represent and warrant to Pringles that: (a) all information provided by you to Pringles during the registration process is truthful, accurate and complete; and (ivb) you will comply with these terms of use. As a registered user, you agree to maintain and promptly update your nameregistration data as necessary to keep it true, addressaccurate, phone numbercurrent and complete. You will be responsible for any and all loss, and damage, or additional costs that we and/or our service providers or others may incur as a statement result of your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if submit via our website. You acknowledge that you are located outside solely responsible for maintaining the confidentiality of the United States, for any judicial district in which the service provider may be foundyour account password, and that you wil accept (and not us) will be responsible for any loss resulting from any unauthorized use of your account or access to your content. You agree to immediately notify us of any unauthorized use of your account. Professional Information Disclaimer This website may make available, reference or link to certain information related to professional fields including, without limitation, medicine and other health and fitness related matters. This information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of this information does not replace consultations with a qualified medical or other relevant professional. In addition, this professional information changes rapidly and therefore, some of it may be out of date. You agree that all risk associated with the use of, or reliance on, any of this professional information rests with you. You further agree that Pringles, including its respective suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such professional information. Disclaimer Regarding Third Party Content This website may offer access to third party websites and content available over the Internet. Pringles generally exercises no control over such third party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third party websites. Inclusion of a link to third party content does not imply endorsement by Pringles of such content. You further agree that Pringles shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party websites or content. Disclaimer of Warranties and Liability THIS WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Pringles does not warrant the accuracy or completeness of the Content. Nothing in these Terms limit, exclude or modify or purports to limit, exclude or modify any statutory guarantees or warranties (“Non- Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, Pringles and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service of process providers shall not be liable for any direct, special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) use of the Content or an agent of such personthis website. Pringles may make changes to this Website, or to the products described therein, at any time without notice. Xxxxxxxx makes no commitment to update the information contained herein.

Infringement Claims. 14.1. Interswitch has adopted and implemented a policy that provides for notification and removal of content that allegedly infringes the rights of copyright holders. If You may submit an infringement claim notice to us at our Contact Formavailable here if you have a good faith belief believe that Your Content work has been copied and made accessible through in connection with a Developer Program in a way that constitutes copyright infringement, please provide Interswitch's Copyright Agent the Services (including as a part following information set forth in this Section 14. 14.1.1. Identification of the Service Content or Third Party Content) in violation of your Inte lectual Property Rights. A copyright infringement claims notice must include work claimed to have been infringed or, if multiple copyrighted works at (i) the identification a single online website are covered by a single notification, a representative list of such a legedly works at that website; 14.1.2. Identification or explanation of Your rights in the copyright work(s) including the creator of the work and when the work was made or how You came to be the owner of the copyright work or otherwise entitled to request removal of allegedly infringing materials, including information su ficient for us content. 14.1.3. Identification of the material that is claimed to locate it within our Services, ( i) a demand be infringing or to be the subject of infringing activity and that such a legedly infringing materials is to be removed or access disabled, ( ialong with all information reasonably necessary for us to locate the material; 14.1.4. Information reasonably sufficient to permit us to contact You as the complaining party including Your name, address, telephone number, email address and (if relevant) a statement that you have a good details of the same for anyone authorized to act on your behalf; 14.1.5. An explanation as to Your good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, any license or by law; and 14.1.6. A statement confirming that the evidence and explanation provided are true to the best of Your knowledge and belief as the copyright owner or the party or individual acting on their behalf orunderlicense. If You fail to provide the above information your complaint may not be dealt with. 14.2. Interswitch or its Copyright Agent may (in its sole discretion) request further documentation or information from You after receiving the complaint. Failure to respond to such a request or provide relevant evidence may mean Your complaint cannot be processed or dealt with effectively. 14.3. In order to submit a complaint, please contact Interswitch's Copyright Agent by email to xxxxxxxxx@Xxxxxxxxxxx.xxx or in writing to Agent for Copyright Claims, Interswitch Limited, Xxxx 0000x, Xxxxx Xxx Xxxxxx, Xxxxxxxx Xxxxxx Xxxxx. 14.4. Without limiting any of Interswitch's rights hereunder or its rights under law; (iv) , Interswitch retains the right, in its sole discretion, to terminate any user's Account for repeated copyright violations. 14.5. By submitting a statement that the information in the notification is accurate, and under penalty of perjury, complaint or notification. You warrant that you are authorized to act on behalf of the owner of an exclusive right have not misrepresented that is a legedly infringed; (v) contact information for you, such as address, phone number, and, if available, an email address; and (vi) must be signed by you or the person authorized to act on behalf of the owner of the a legedly infringed work (the “Notice Requirements”). Pursuant to 17 U.S.C. 512(c)(3), if the above Notice Requirements are not met, we may disregard the notice. Pursuant 17 U.S.C. 512(f), be advised that knowingly making a material misrepresentation that online material or activity is infringing and you agree to indemnify Interswitch in respect of all liabilities, costs, expenses, damages or losses (including any direct, indirect consequential losses, loss of reputation and all interest, penalties and legal costs) and all other costs and expenses suffered or incurred by Interswitch arising out of or in connection with a breach of this warranty. 14.6. If You believe that Your work that was removed (or to which access was disabled) is not infringing, or that material or activity was removed or disabled by mistake or misidentificationYou have the authorization from the copyright owner, may subject you to heavy civil penalties. These penalties include monetary damages, including costs and attorneys' fees, incurred by the a leged infringer, by any copyright owner or copyright owner's authorized licenseeagent, or by a service provider who is injured by your misrepresentation. If we make a decision pursuant to remove Your Content in response the law, to a complaintpost and use the material, we may notify you and provide you with contact information for the complaining party. You may also object send a counter-notice containing the following information to such determination by writing to our designated agent, which must contain the fo lowing information pursuant to 17 U.S.C. 512(g)(3), (i) your physical or electronic signature; ( i) identification Interswitch’s Copyright Agent: 14.6.1. Identification of the material work that has been removed or to which access has been disabled and the location at which the material work appeared before it was removed or access to it was disabled; ( i) a ; 14.6.2. A statement under penalty of perjury that the you You have a good faith belief that the material work was removed or disabled as a result of mistake or a misidentification of the material work or an explanation as to be removed or disabledwhy You have a legal defence to the allegations of infringement; and (iv) your and 14.6.3. Your name, address, phone number, telephone number and e-mail address. 14.7. Interswitch may send a statement that you consent copy of Your counter-notice to the jurisdiction original complaining party informing them that the counter-notice has been submitted. Unless the complainant files an action seeking a court order against the provider or user of Federal District Court for the judicial district in which work, the address is locatedremoved work may be replaced, or if you are located outside access to it restored, by Interswitch in 10 to 14 business days after receipt of the United States, for any judicial district in which the service provider may be found, and that you wil accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an agent of such personcounter- notice.