Common use of Counter Notification Clause in Contracts

Counter Notification. If you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to the DMCA, you may send us a Counter Notification (“Counter Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • 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; • 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; • Your name, address, and telephone number; • A statement that you consent to the jurisdiction of United States District Court for the [insert name of federal judicial district where you live] (or, if you are located outside of the United States, in the United States District Court for the District of Kansas); • A statement that you will accept service of process from the person who submitted the Notification or his/her agent; and • Your signature, in physical or electronic form. Upon receipt of such Counter Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will replace the removed material or will cease disabling access to it in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Affinity’s Designated Agent first receives notice from the person who submitted the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to materials on Affinity’s system or network.

Appears in 3 contracts

Sources: Terms of Use, Terms of Use Agreement, Terms of Use Agreement

Counter Notification. If access on the Site to a work that you submitted to Sendtric is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information: (i) a legend or subject line that says: Counter DMCA Counter-Notification”; (ii) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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 (please include the URL of the Site from which the material was removed or access to it disabled; • A ); (iii) 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; • Your ; (iv) your full name, address, and telephone number; • A , e-mail address, and the username of your account; (v) a statement that you consent to the jurisdiction of United States the Federal District Court for the [insert name of federal judicial district where you live] in which your address is located (or, if you are the address is located outside the U.S.A., to the jurisdiction of the United States, in the United States District Court for the Southern District of KansasFlorida); • A statement , and that you will accept service of process from the person who submitted the Notification provided DMCA notification to us or his/her agent; and • Your signature, in physical or electronic form. Upon receipt an agent of such Counter person; and (vi) your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed of disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter-Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or networkthe Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Appears in 2 contracts

Sources: Terms of Service, Terms of Service

Counter Notification. If access on the Service to a work that you submitted to Música Fresh is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter-Notification to the following address: By Mail: Música Fresh LLC, CLM ▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇, ▇▇▇▇▇ 1 Suite 708, Guaynabo, Puerto Rico, 00968. By email: ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Your DMCA Counter-Notification should contain the following information: (“Counter i) a legend or subject line that says: "DMCA Counter-Notification"; (ii) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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 (please include the URL or page of the Service from which the material was removed or access to it disabled); • A (iii) 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; • Your (iv) your full name, address, and telephone number, e-mail address, and the username of your account; • A (v) a statement that you consent to the jurisdiction of United States the Federal District Court for the [insert name of federal judicial district where you live] in which your address is located (or, if you are the address is located outside the U.S.A., to the jurisdiction of the United States, in the United States District Court for the District of KansasSan ▇▇▇▇, Puerto Rico); • A statement , and that you will accept service of process from the person who submitted the Notification provided DMCA notification to us or his/her agentan agent of such person; and • Your your electronic or physical signature, in physical .Please note that the DMCA provides that any person who knowingly materially misrepresents that material or electronic formactivity was removed or disabled by mistake or misidentification may be subject to liability. Upon receipt of such Counter If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter- Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or networkthe Service. You should also be aware that we may forward the Counter- Notification to the party who sent us the DMCA Copyright Infringement Notice.

Appears in 1 contract

Sources: Terms & Conditions

Counter Notification. If access on the Site to a work that you submitted to Company is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information: (i) a legend or subject line that says: Counter DMCA Counter-Notification; (ii) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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 (please include the URL of the Si te from which the material was removed or access to it disabled; • A ); (iii) 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; • Your ; (iv) your full name, address, and telephone number; • A , email address, and the username of your account (if you have an account); (v) a statement that you consent to the jurisdiction of United States the Federal District Court for the [insert name of federal judicial district where you live] in which your address is located (or, if you are the address is located outside the U.S.A., to the jurisdiction of the United States, in the United States District Court for the Northern District of KansasIllinois); • A statement , and that you will accept service Site of process from the person who submitted the Notification provided DMCA notification to us or his/her agent; and • Your signature, in physical or electronic form. Upon receipt an agent of such Counter person; and (vi) your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed of disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter-Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the address above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or networkthe Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Appears in 1 contract

Sources: Terms of Use

Counter Notification. If access on the Site to a work that you submitted to SKIM PLUS is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter- Notification (to the addresses above. Your DMCA Counter-Notification should contain the following information: i. a legend or subject line that says: Counter DMCA Counter-Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below); ii. To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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 (please include the URL of the Site from which the material was removed or access to it disabled; • A ); iii. 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; • Your ; iv. your full name, address, and telephone number; • A , e-mail address, and the username of your account; v. a statement that you consent to the jurisdiction of United States the Federal District Court for the [insert name of federal judicial district where you live] in which your address is located (or, if you are the address is located outside the U.S.A., to the jurisdiction of the United States, in the United States District Court for the Northern District of KansasTexas); • A statement , and that you will accept service of process from the person who submitted the Notification provided DMCA notification to us or his/her agent; and • Your signature, in physical or electronic form. Upon receipt an agent of such Counter person; and vi. your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter-Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or networkthe Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Appears in 1 contract

Sources: Terms of Use

Counter Notification. If access on the App to a work that you submitted to Truzi, Inc is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information: (i) a legend or subject line that says: Counter DMCA Counter-Notification”; (ii) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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; • A . (iii) 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; • Your ; (iv) your full name, address, and telephone number; • A statement , e-mail address, and the username of your account; (v) your electronic or physical signature. Please note that you consent to the jurisdiction of United States District Court for the [insert name of federal judicial district where you live] (or, if you are located outside of the United States, in the United States District Court for the District of Kansas); • A statement DMCA provides that you will accept service of process from the any person who submitted the Notification knowingly materially misrepresents that material or his/her agent; and • Your signature, in physical activity was removed or electronic formdisabled by mistake or misidentification may be subject to liability. Upon receipt of such Counter If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter-Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or network.the App. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice

Appears in 1 contract

Sources: Terms of Use

Counter Notification. If access on the Site to a work that you submitted to JIT Experts Hive is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information: (i) a legend or subject line that says: Counter DMCA Counter-Notification”; (ii) asking that the material be restored (if you are eligible to have the material restored, as outlined below). To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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 (please include the URL of the Site from which the material was removed or access to it disabled; • A ); (iii) 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; • Your ; (iv) your full name, address, and telephone number; • A , e-mail address, and the username of your account; (v) a statement that you consent to the jurisdiction of United States the Federal District Court for the [insert name of federal judicial district where you live] in which your address is located (or, if you are the address is located outside the U.S.A., to the jurisdiction of the United States, in the United States District Court for the Central District of KansasCalifornia); • A statement , and that you will accept service Site of process from the person who submitted the Notification provided DMCA notification to us or his/her agent; and • Your signature, in physical or electronic form. Upon receipt an agent of such Counter person; and (vi) your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter-Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or networkthe Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Appears in 1 contract

Sources: Terms and Conditions of Service

Counter Notification. If access on the Site to a work that you submitted to LALA is disabled or the work is removed as a result of a DMCA Notice, and if you believe that material that you posted to the Site has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to disabled access or removal is the DMCAresult of mistake or misidentification, then you may send us a Counter DMCA Counter-Notification (to the addresses above. Your DMCA Counter-Notification should contain the following information: i. a legend or subject line that says: Counter DMCA Counter-Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below); ii. To file a Counter Notification, please provide Affinity’s Designated Agent, whose name and contact information is provided above, a written Counter Notification, preferably through e-mail, that complies with the DMCA and provides all of the information described below: • Identification description 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 (please include the URL of the Site from which the material was removed or access to it disabled; • A ); iii. 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; • Your ; iv. your full name, address, and telephone number; • A , e-mail address, and the username of your account; v. a statement that you consent to the jurisdiction of United States the Federal District Court for the [insert name of federal judicial district where you live] in which your address is located (or, if you are the address is located outside the U.S.A., to the jurisdiction of the United States, in the United States District Court for the Northern District of KansasTexas); • A statement , and that you will accept service of process from the person who submitted the Notification provided DMCA notification to us or his/her agent; and • Your signature, in physical or electronic form. Upon receipt an agent of such Counter person; and vi. your electronic or physical signature. Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a DMCA Counter-Notification, Affinity will promptly provide a copy of the Counter Notification to the person who submitted the original Copyright Infringement Notification, and will inform such person that Affinity will then we may replace the material that we removed material (or will cease stop disabling access to it it) in 10 business days. In response to a Counter Notification, that person may file a lawsuit against you seeking a determination of his/her rights with respect to the material. Affinity will replace the removed material and cease disabling access to it not less than ten (10, nor ) and not more than fourteen (14, ) business days following receipt of the Counter DMCA Counter- Notification. However, unless Affinity’s Designated Agent we will not do this if we first receives receive notice from at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who submitted provided the original infringement Notification that he/she has filed an action seeking a court order to restrain the alleged infringer material from engaging in infringing activity relating to materials the material on Affinity’s system or networkthe Site. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

Appears in 1 contract

Sources: Terms of Use