(April 5, 2012), the 2nd Circuit confirmed that the § 512 (c) safe harbour requires knowledge or awareness of specific infringing activity but vacated the order granting summary judgment because they were of the view that a reasonable jury could find that YouTube had actual knowledge or awareness of specific
infringing activity on its website.
If notified of
infringing activity on your website, the infringing content must be removed expeditiously.
Not exact matches
Actual results and the timing of events could differ materially from those anticipated in the forward - looking statements due to these risks and uncertainties as well as other factors, which include, without limitation: the uncertain timing of, and risks relating to, the executive search process; risks related to the potential failure of eptinezumab to demonstrate safety and efficacy in clinical testing; Alder's ability to conduct clinical trials and studies of eptinezumab sufficient to achieve a positive completion; the availability of data at the expected times; the clinical, therapeutic and commercial value of eptinezumab; risks and uncertainties related to regulatory application, review and approval processes and Alder's compliance with applicable legal and regulatory requirements; risks and uncertainties relating to the manufacture of eptinezumab; Alder's ability to obtain and protect intellectual property rights, and operate without
infringing on the intellectual property rights of others; the uncertain timing and level of expenses associated with Alder's development and commercialization
activities; the sufficiency of Alder's capital and other resources; market competition; changes in economic and business conditions; and other factors discussed under the caption «Risk Factors» in Alder's Annual Report
on Form 10 - K for the fiscal year ended December 31, 2017, which was filed with the Securities and Exchange Commission (SEC)
on February 26, 2018, and is available
on the SEC's
website at www.sec.gov.
You agree not to upload or post
on this
Website any Content (including your Work) that: a) is libelous or defamatory or is obscene, pornographic, abusive, harassing, or threatening; b)
infringes any intellectual property right or any other rights of any entity or person, including but not limited any copyrights or trademarks; c) violates any law; d) advocates illegal
activity; e) advertises or otherwise solicits funds or is a solicitation for goods or services, except
on sections of the
Website, if any, e.g., a listing board,
on which solicitation for goods and services is expressly authorized by Book Country; f) contains a virus or other harmful component; g) solicits personal information; h) involves the transmission of chain mail, junk mail or spam; or i) impersonates another person or entity.
REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION 7.1 You represent and warrant that (a) you have the authority to enter into and perform your duties and obligations under this Agreement; and (b) the
website [s] where you will display Archway Affiliate Marketing Materials and your marketing practices do not and will not (i)
infringe on any third party's copyright, patent, trademark, trade secret, privacy or any other rights, (ii) violate any applicable laws, rules, or regulations, including, without limitation, the CAN SPAM Act of 2003, (iii) contain defamatory or libelous material, (iv) contain pornographic or obscene material, including, without limitation, its marketing and promotional
activities; (v) promote violence; or (vi) contain viruses, trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines; and (c) you will comply with your obligations under this Agreement and industry guidelines as applicable.
Please be aware that if you knowingly materially misrepresent that material or
activity on the
Website is
infringing your copyright, you may be held liable for damages (including costs and attorneys» fees) under Section 512 (f) of the DMCA.
The Court noted that the right and ability to control
infringing activity within the meaning of § 512 (c)(1)(B) requires something more than merely the ability to remove or block material posted
on its
website.
A description of the
infringing activity or of the work that is claimed to be
infringing and information about the location
on this Web site (or, if the
infringing information is located
on another
Website linked to through this website, information about the location of the link or reference on this Web site) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing ma
Website linked to through this
website, information about the location of the link or reference on this Web site) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing ma
website, information about the location of the link or reference
on this Web site) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the
infringing material.
So, basically, you can't turn a blind eye to any
infringing activity occurring
on your
website.