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) IdentifyEvernote respects theWeb page URL(s) within the Service containing the copyrighted work orintellectual propertythat 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 thecopyrighted work).same.(c) Include the statement: “I haveIf you believe your copyrighted work has been used in agood faith beliefway thatuseconstitutes 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 thematerials 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 orthe law.”other means.(d) Provide your name, mailing address, telephone numberTo submit a complete ande-mail address.qualified notice:(e) ProvideIf you are aphysicalcopyright owner, orelectronic signature of the personare authorized to act on behalf ofthe owner of the copyright, trademarkone, orother 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 theabove information in your notice is accurate andWeb page URL(s) within the Service containing the copyrighted work that youareclaim has been infringed and, if possible, thecopyright, 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 thecopyrightpage(s) you believe infringes upon the work identified in item (1) above, including whether the Content is an image (and describe it in detail) orintellectual property owner’s behalf.written work (including the text of the copyrighted work).SendInclude theNotice 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 StreetRedwoodRedwood City, CA94065 Attn: General Counsel legalnotice AT evernote DOT com94063 legalnotice@evernote.comIN 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 comPlease 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 comPlease 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 NOTICEPlease consider carefully taking an action to initiateIf you’ve received aclaim, as there are consequencesnotification that Content has been removed forfilingaclaim 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 usor our users ifto remove it. If youknowingly materially misrepresentbelieve thatmaterial or activity is infringing. (SeetheFederal 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 thematerial you are reportingContent isin fact infringing,a result of a mistake or misidentification, youmay wish to contact an attorney before filingcan file anotification 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 atPlease send thetelephone 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!).