IP COMPLIANCE PROGRAM UPDATED ON MARCH 1, 2013 - What's new 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: (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); (b) Identify 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 text of the copyrighted work). (c) Include the statement: "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." (d) Provide your name, mailing address, telephone number and e-mail address. (e) Provide a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright, trademark or other intellectual property interest that is allegedly infringed. (f) Provide a signed statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright, trademark or other intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Send the Notice of Infringement or your notice containing the above information to us at one of the following addresses: IN THE USA OR CANADA Evernote Corporation 305 Walnut Street Redwood City, CA 94065 Attn: General Counsel legalnotice AT evernote DOT 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 OUTSIDE THE USA, CANADA, AND BRASIL Evernote GmbH Josefstrasse 59 8005 Zurich, Switzerland 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. 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. Please consider carefully taking an action to initiate a claim, as there are consequences 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 by us or our users if you knowingly materially misrepresent 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 whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us. 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 the telephone number below: IN THE USA OR CANADA Evernote Corporation` 650.41.NOTES (650.416.6837) IN BRASIL Evernote do Brasil Serviços de Aplicações Ltda. 650.41.NOTES (650.416.6837) OUTSIDE THE USA, CANADA, AND BRASIL Evernote GmbH +1.650.41.NOTES (650.416.6837)
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