Common use of NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Clause in Contracts

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials from the Sites by submitting written notification to Drake’s copyright agent designated below. ALL INQUIRIES THAT DO NOT COMPLY WITH THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: • Your physical or electronic signature. • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works. • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. • A statement that the information in the written notice is accurate. • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Xxxx Xxxx Xxxxx Software, LLC 000 X Xxxxxx Xx Franklin, NC 28734 xxxx.xxxx@xxxxxxxxxxxxx.xxx If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Appears in 2 contracts

Samples: Terms of Use, Drake Software Terms

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NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe any materials accessible on or from the Sites Site infringe your copyright, you may request removal of those materials from the Sites Site by submitting written notification to Drake’s copyright agent designated below. ALL INQUIRIES THAT DO NOT COMPLY WITH THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: • Your physical or electronic signature. • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the SitesSite, a representative list of such works. • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. • A statement that the information in the written notice is accurate. • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Xxxx Xxxx Xxxxx Software, LLC 000 X Xxxxxx Xx Franklin, NC 28734 xxxx.xxxx@xxxxxxxxxxxxx.xxx If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.. Consent to Electronic Communications By using the Site, you consent to receive all communications, notices, agreements, renewals, statements, and disclosures (collectively, “Communications”) electronically. Drake may provide Communications to you related to the Site and the services by electronic communication, including by email, facsimile, or by making such Communications available on the Site. Termination/Governing Law Drake reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of North Carolina, and you hereby consent to the exclusive jurisdiction and venue in the United States District Court for the Western District of North Carolina, or if such court does not have subject matter jurisdiction, the state courts in Macon County, North Carolina for all disputes arising out of or relating to these Terms of Use or your use of the Site. At Drake’s sole discretion, it may require you to submit any disputes arising from these Terms of use or your use of the Site to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying North Carolina law. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Drake as a result of your use of the Site. Drake’s compliance with these Terms of Use is subject to existing laws and legal process, and nothing contained herein is in derogation of Drake’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Drake with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Entire Agreement These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Drake regarding your use of the Site and related services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. Questions and Comments

Appears in 1 contract

Samples: Terms of Use

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials from the Sites by submitting written notification to Drake’s Xxxxx'x copyright agent designated below. ALL INQUIRIES THAT DO NOT COMPLY WITH THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: Your physical or electronic signature. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. A statement that the information in the written notice is accurate. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Xxxx Xxxx Xxxxx Software, LLC 000 X Xxxxxx Xx FranklinXxxxxxxx, NC 28734 xxxx.xxxx@xxxxxxxxxxxxx.xxx If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Appears in 1 contract

Samples: Agreement Between User and Drake

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials from the Sites by submitting written notification to Drake’s Xxxxx’x copyright agent designated below. ALL INQUIRIES THAT DO NOT COMPLY WITH THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: • Your physical or electronic signature. • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works. • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. • A statement that the information in the written notice is accurate. • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Xxxx Xxxx Xxxxx Software, LLC 000 X Xxxxxx Xx FranklinXxxxxxxx, NC 28734 xxxx.xxxx@xxxxxxxxxxxxx.xxx If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Appears in 1 contract

Samples: Terms of Use

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NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe any materials accessible on or from the Sites Site infringe your copyright, you may request removal of those materials from the Sites Site by submitting written notification to Drake’s Xxxxx’x copyright agent designated below. ALL INQUIRIES THAT DO NOT COMPLY WITH THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: • Your physical or electronic signature. • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the SitesSite, a representative list of such works. • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. • A statement that the information in the written notice is accurate. • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Xxxx Xxxx Xxxxx Software, LLC 000 X Xxxxxx Xx Franklin, NC 28734 xxxx.xxxx@xxxxxxxxxxxxx.xxx If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.. Consent to Electronic Communications By using the Site, you consent to receive all communications, notices, agreements, renewals, statements, and disclosures (collectively, “Communications”) electronically. Xxxxx may provide Communications to you related to the Site and the services by electronic communication, including by email, facsimile, or by making such Communications available on the Site. Termination/Governing Law Xxxxx reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of North Carolina, and you hereby consent to the exclusive jurisdiction and venue in the United States District Court for the Western District of North Carolina, or if such court does not have subject matter jurisdiction, the state courts in Macon County, North Carolina for all disputes arising out of or relating to these Terms of Use or your use of the Site. At Xxxxx’x sole discretion, it may require you to submit any disputes arising from these Terms of use or your use of the Site to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying North Carolina law. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Xxxxx as a result of your use of the Site. Xxxxx’x compliance with these Terms of Use is subject to existing laws and legal process, and nothing contained herein is in derogation of Xxxxx’x right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Xxxxx with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Entire Agreement These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Drake regarding your use of the Site and related services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. Questions and Comments

Appears in 1 contract

Samples: Terms of Use

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials from the Sites by submitting written notification to Drake’s 's copyright agent designated below. ALL INQUIRIES THAT DO NOT COMPLY WITH THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: Your physical or electronic signature. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. A statement that the information in the written notice is accurate. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Xxxx Xxxx Xxxxx Software, LLC 000 X Xxxxxx Xx Franklin, NC 28734 xxxx.xxxx@xxxxxxxxxxxxx.xxx If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Appears in 1 contract

Samples: Agreement Between User and Drake

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