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 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. 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 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 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 We respect the intellectual property rights of third parties, and made accessible through comply with the Services (including as a part terms of the Service Content Digital Millennium Copyright Act (DMCA) regarding such rights. We reserve the right to remove access to infringing material posted to the Site. Such actions do not affect or Third Party Content) in violation modify any other rights we may have under law or contract. If you believe that any portion of the material contained on this Site infringes your copyright, notify us of your Inte lectual Property Rightsclaim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3). Written Notification must be submitted to this Site’s Designated Agent: Xxxxxx Xxxx, Esq. Clopay Corporation 0000 Xxxx Xxxxxxxxx Mason, Ohio 45040 0 (000) 000-0000 xxxxxxxxxxxxxxxx@xxxxxx.xxx To be effective, the Notification must be in writing and contain the following information: ▪ A copyright infringement claims notice must include 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 (i) the identification a single online site are covered by a single notification, a representative list of such a legedly works at that site; ▪ Identification of the material that is claimed to be infringing materials, including information su ficient for us or to locate it within our Services, ( i) a demand be the subject of infringing activity and that such a legedly infringing materials is to be removed or access to which is to be disabled, ( i) a and information reasonably sufficient to permit the service provider to locate the material; ▪ Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; ▪ A statement that you have the complaining party has 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 ▪ A statement that the information in the notification is accurateaccurate and, and under penalty of perjury, that you are the complaining party is authorized to act on behalf of the owner of an exclusive right that is a legedly allegedly 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 . Upon receipt of the owner of written Notification containing the a legedly infringed work (the “Notice Requirements”). Pursuant to 17 U.S.C. 512(c)(3), if the above Notice Requirements are not metinformation outlined above, we may disregard will: ▪ Remove or disable access to the notice. Pursuant 17 U.S.C. 512(f), material that is alleged to be advised infringing; ▪ Forward the written notification to such alleged infringer; ▪ Take reasonable steps to promptly notify the alleged infringer that knowingly making a material misrepresentation that online material or activity is infringing or that material or activity was it has removed or disabled by mistake or misidentificationaccess to the material. A Counter Notification will be effective if in writing, may subject you provided to heavy civil penalties. These penalties include monetary damagesthe Designated Agent, and including costs and attorneys' fees, incurred by substantially 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 following: ▪ A physical or electronic signaturesignature of the alleged infringer; ( i) identification ▪ 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 ▪ A statement under penalty of perjury that the you have alleged infringer has 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 ▪ The alleged infringer’s name, address, phone and telephone number, and a statement that you consent the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is locatedlocated or, or if you are located outside of the United States, for any judicial district in which the service provider Clopay Corporation may be found, and that you wil the alleged infringer will accept service of process from the person who provided notification under subsection 17 U.S.C. 512(c)(1)(C) or an the agent of such person.. Upon receipt of a Counter Notification containing the information outlined above, we will: ▪ promptly provide the complaining party with a copy of the Counter Notification; ▪ inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided our Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on our network or system. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Contact Information Clopay Corporation 0000 Xxxx Xxxx. Mason, OH 45040 513.770.4800