Revision History
Evernote.com - IP Compliance Program
Show other documents from Evernote.com
Version Comments
A new version has been posted.
The "Notice of Infringement" contact address has been updated for outside the USA, Canada, and Brasil.
Some contact addresses and zip codes updated.
Contact info updated; "Updated on" date removed from the document.
This is the initial version that ParanoidPaul captured. It is not necessarily the first version of the document.
Owners of intellectual property rights that have a good faith belief that Content uploaded into Evernote infringes their copyright, trademark or other intellectual property rights may notify our Compliance team by delivering a completed Notice of Infringement (pdf) or by delivering a written notice to the appropriate address set forth below containing the following information:EFFECTIVE DATE: MARCH 28, 2018 

	(a) Identify the specific copyrighted work, trademark or other intellectual property that you believe has been infringed upon and, if you are asserting infringement of an intellectual property right other than copyright, the intellectual property right at issue (for example, trademark or patent);	NOTIFICATION OF COPYRIGHT INFRINGEMENT 

	(b) Identify	Evernote respects the Web page URL(s) within the Service containing the copyrighted work or intellectual property that you claim has been infringed and, if possible, the contact information for the person you believe responsible for the infringing act in connection with that that work. Describe the content on the page(s) you believe infringes upon the work identified in item (a) above, including whether the content is a particular image (and describe it in detail) or written work (including the textrights of others and expects our users to do the copyrighted work).same.  

	(c) Include the statement: “I have	If you believe your copyrighted work has been used in a good faith beliefway that useconstitutes an infringement of your rights, please notify Evernote’s designated copyright agent.  We will respond and/or take action on all complete and qualified notices in a timely manner, and we reserve the materials described above as allegedly infringing is not authorized by the owner of the intellectual property rights therein, its agentright to communicate with you via email or the law.”other means. 

	(d) Provide your name, mailing address, telephone number	To submit a complete and e-mail address.qualified notice: 

	(e) Provide	If you are a physicalcopyright owner, or electronic signature of the personare authorized to act on behalf of the owner of the copyright, trademarkone, or other intellectual property interest that is allegedly infringed.authorized to act under any exclusive right under copyright, please send the following information to our designated copyright agent: 

	(f) Provide a signed statement by you, made under penalty of perjury, 	 Identify the specific copyrighted work that you believe has been infringed upon.
 	 Identify the above information in your notice is accurate andWeb page URL(s) within the Service containing the copyrighted work that you areclaim has been infringed and, if possible, the copyright, trademark or other intellectual property owner or authorized tocontact information for the person you believe responsible for the infringing act in connection with that work. Describe the Content on the copyrightpage(s) you believe infringes upon the work identified in item (1) above, including whether the Content is an image (and describe it in detail) or intellectual property owner’s behalf. written work (including the text of the copyrighted work).

	Send	 Include the Notice of Infringement or your notice containing the above information to us at one of the following addresses:statements: 

	IN THE USA OR CANADA
Evernote	“I have a good faith belief that use of the materials described above as allegedly infringing is not authorized by the owner of the intellectual property rights therein, its agent or the law.” 

	“The information in this notice is accurate.” 

	“I state under penalty of perjury that I am the owner, or an agent authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”  	 Provide your mailing address, telephone number and e-mail address.  If you are submitting a notice on behalf of an entity, provide the entity’s name along with your job title, job position, or role with the entity.
 	 Provide the full legal name and physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.

	Deliver the Notice, with all the items completed to Evernote’s Designated Copyright Agent: 

	Copyright Agent
 c/o Evernote Corporation
305 Walnut Street
Redwood Redwood City, CA 94065
Attn: General Counsel
legalnotice AT evernote DOT com94063
 legalnotice@evernote.com 

	IN BRASIL
Evernote Do Brasil Servicos De Aplicacoes Ltda
Avenida Paulista, no 2.300
Andar Pilotis
Edifício São Luiz Gonzaga
CEP: 01310-300, São Paulo/SP
Attn: Legal Counsel
legalnotice AT evernote DOT com	Please note that we may reproduce any legal notice we receive to send to a third party for publication and annotation, and we may post your notice in place of any removed Content. 

	OUTSIDE THE USA, CANADA, AND BRASIL
Evernote GmbH
Walchestrasse 9
8006 Zurich, Switzerland
Attn: Legal Counsel
legalnotice AT evernote DOT com	Please be aware that if you knowingly materially misrepresent that material or activity is infringing your copyright, you may be held liable for damages (including costs and attorneys fees) under Section 512(f) of the United States Digital Millennium Copyright Act (“DMCA”) or similar laws in other countries. 

	Please note that we may reproduce any legal notice we receive to send to a third-party for publication and annotation, and we may post your notice in place of any removed Content. We will respond and/or take action on all complete and qualified notices within 48 business hours of receiving your correspondence and reserve the right to communicate with you via email or other means.	FILING A COUNTER NOTICE 

	Please consider carefully taking an action to initiate	If you’ve received a claim, as there are consequencesnotification that Content has been removed for filing a claim without justification. For example, under United States federal law, you may be liable for any damages, including costs and attorneys’ fees incurred bycopyright complaint, it means the Content owner asked us or our users ifto remove it.  If you knowingly materially misrepresentbelieve that material or activity is infringing. (See the Federal statute at 17 U.S.C. § 512(f) and two court cases on this subject: Lenz v. Universal and OPG v. Diebold). If you are unsure whetherremoval of the material you are reportingContent is in fact infringing,a result of a mistake or misidentification, you may wish to contact an attorney before filingcan file a notification with us.counter-notice.  

	Although we require a Notice of Infringement to be in writing, you may also contact us with any concerns you have or problems you are having sending a Notice at	Please send the telephone number below:following information to our designated copyright agent: 

	IN THE USA OR CANADA
Evernote Corporation`
650.41.NOTES (650.416.6837)  	 Identification of material taken down.
 	 The Web page URL of the material before it was taken down.
 	 A statement under penalty of perjury that you have a good faith belief the Content was removed in error.
 	 A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Evernote may be found, and that you will accept service of process from the person who provided the original complaint.
 	 Provide your mailing address, telephone number and e-mail address. If you are filing a counter notice on behalf of an entity, provide the entity’s name along with your job title, job position, or role with the entity.
 	 Provide your full legal name and physical or electronic signature.

	IN BRASIL
Evernote do Brasil Serviços de Aplicações Ltda.
650.41.NOTES (650.416.6837)	Note: There are legal and financial consequences for filing fraudulent or bad faith counter notices. Before submitting a counter notice, make sure you have a good faith belief that we removed the Content in error, and that you understand the repercussions of submitting a false claim.  

	OUTSIDE THE USA, CANADA, AND BRASIL
Evernote GmbH
+1.650.41.NOTES (650.416.6837)	In the event of a conflict, the English language version shall govern.

If you'd like to be notified when Evernote.com makes updates to documents like this, choose which ones you'd like to subscribe to today (it's free!).