Digital Millennium Copyright Act (DMCA) and Trademark Infringement Policy | Calendly

·Digital Millennium Copyright Act (DMCA) and Trademark Infringement Policy

·Effective Date: March 8, 2024

·This policy ("Policy") details how to report claims of unauthorized use of trademarks or copyrighted images, text, or links to allegedly copyright infringing materials on the Services. Capitalized terms used below but not defined in this Policy have the meaning set forth in the Definitions.

·Calendly respects the Intellectual Property Rights of others and expects its Customers and Invitees and their Affiliates ("Users") of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with Applicable Law. We may, in appropriate circumstances and at our discretion, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the Services for Users who infringe, repeatedly infringe or are repeatedly charged with infringing the Intellectual Property Rights of others, and we may choose to remove, delete, erase, or disable access to content deemed to be infringing.

·WHO SHOULD CONTACT US; CONTACTING THE USER; MISREPRESENTATIONS.

• ·Only the owner(s) of a copyright or trademark (or the authorized representative of the owner) or someone authorized to act under any exclusive copyright can report a suspected infringement to us.
• ·If you are not the owner (or the authorized representative of the owner) or someone authorized to act under any exclusive copyright, you should not report a suspected infringement to us.
• ·If you believe that any content on a website infringes another party's copyright, you should advise the copyright owner of this belief directly.
• ·You may be liable for damages, court costs and attorneys' fees, if you materially misrepresent that content on a website is infringing.
• ·When in doubt, we suggest you independently consult an attorney.

·COPYRIGHT INFRINGEMENT NOTIFICATION

·It is our policy to expeditiously respond to notices of alleged infringement, including notices of alleged infringement pursuant to the United States Digital Millennium Copyright Act ("DMCA"). This page describes the information that must be included in the alleged infringement notice ("DMCA Notice"). The form of DMCA Notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at https://www.copyright.gov/legislation/dmca.pdf.

·If we remove or disable access to our Services in response to a DMCA Notice, we will make a good faith attempt to contact the applicable User so that they may make a counter notification pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. We may also document DMCA Notices of alleged infringement on which we act.

·DMCA Notice If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by sending a DMCA Notice to Calendly's Intellectual Property Agent (identified below). Upon receipt of the DMCA Notice, Calendly will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services. The DMCA Notice should be provided in a written communication (preferably via email) and must:

• ·Be signed (whether in writing of via electronic signature) by the copyright owner or their agent;
• ·Identify the original copyrighted work (or works if there are multiple) you claim has been infringed;
• ·Identify the material that is infringing your copyrighted work and provide information reasonably sufficient to permit us to locate the material, including, at a minimum, the URL of the link shown on the Services where such material may be found;
• ·Include contact information (including your mailing address, telephone number, and, if available, email address) so the designated agent can reach you, if necessary; and
• ·Include both of the following statements in the body of the DMCA Notice:
• ·"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
• ·"I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

·Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

·If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

·DMCA Counter Notification A User who provides content subject to a claim of infringement may provide a counter notification pursuant to sections 512(g)(2) and 512(g)(3) of the DMCA ("DMCA Counter Notification") to Calendly's Intellectual Property Agent (identified below). The DCMA Counter Notification should be provided in a written communication (preferably via email) and must:

• ·Be signed (whether in writing of via electronic signature) by the provider of the content subject to the infringement claim;
• ·Include your name and contact information (including your mailing address, telephone phone number, and if available, email address);
• ·Identification of the material and its location before removal; and
• ·Include both of the following statements in the body of the DMCA Counter Notification:
• ·"I hereby state under penalty of perjury that I 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."
• ·"I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Calendly may be found, and I will accept service of process from the complaining party who notified Calendly of the alleged infringement or an agent of such person."

·Upon receipt of such DMCA Counter Notification, Calendly will promptly provide the person who provided the original applicable DMCA Notice with a copy of the counter notification, and inform that person that Calendly will replace the removed material or cease disabling access to it in not less than 10 and not more than 14 business days following receipt of the DMCA Counter Notification, unless our Intellectual Property Agent first receives notice from the person who submitted the original applicable DMCA Notice that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on our Services.

·TRADEMARK INFRINGEMENT NOTIFICATION

·If you believe that your trademark (the "Mark") is being used on the Services by a User in a way that constitutes trademark infringement, please provide Calendly's Intellectual Property Agent (preferably via email) with the following information ("Trademark Takedown Notice"):

• ·Your full legal name and your electronic or physical signature;
• ·Information reasonably sufficient to permit Calendly to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address;
• ·Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you;
• ·Information reasonably sufficient to permit Calendly to identify the use being challenged; and
• ·Include both of the following statements in the body of the Notice:
• ·"I hereby state that I have not authorized the challenged use, and I have a good- faith belief that the challenged use is not authorized by law."
• ·"I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark, or authorized to act on behalf of the owner of the Mark."

·Upon receipt of Trademark Takedown Notice as described above, Calendly will seek to confirm the existence of the Mark on the Services, notify the User who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Services.

·CALENDLY INTELLECTUAL PROPERTY AGENT

·Your DCMA Notice, DMCA Counter Notification, or Trademark Takedown Notice should be sent to our Intellectual Property Agent at legal@calendly.com or by mail to:

·Calendly, LLC Attn: Legal Department, Intellectual Property Complaint 115 E Main St., Suite A1B Buford, Georgia 30518