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INTELLECTUAL PROPERTY POLICY

The Company respects the intellectual property of others and asks that users of our Site and Services do the same. In connection with our Site and Services, the Company has adopted and implemented a policy respecting intellectual property that provides for the removal of any infringing or unauthorized materials and for the termination, in appropriate circumstances, of user accounts of users of our online Site and Services who are repeat infringers of intellectual property rights or who repeatedly submit unauthorized content. 

COPYRIGHT

I.    Reporting Claims of Copyright Infringement

If you believe that one of our users is, through the use of our Site or Services, unlawfully infringing on your copyright by submitting unauthorized material, and wish to have the allegedly infringing or unauthorized material removed, you may request removal of those materials by submitting written notification to our DMCA Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512)(“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed or, if the claim involves multiple works on the Site or Services, a representative list of such works;
  3. identification of the material on our Site or Services that you claim is infringing on your copyright and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address);
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright or other rights owner, its agent, or the law;
  7. a statement that the information in the notification is accurate; and
  8. a statement, under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner.
Please provide a DMCA Notice using the format available here. Completed DMCA Notices should be sent to the DMCA Agent designated below:

MakerBot Industries, LLC
Attn: Frank Polcino
One MetroTech Center, 21st Floor, Brooklyn, NY 11201
(347) 334-6800
dmca@makerbot.com

We will respond to notices of alleged copyright infringement that comply with applicable law. If you fail to comply with the provisions above, your DMCA Notice may not be effective. Notification from a copyright owner or from a person authorized to act on behalf of a copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing or otherwise unauthorized activity is apparent. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

II.    Counter-Notice
If you believe that material you posted on our Site or through the use of our Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our DMCA Agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
  1. your physical or electronic signature;
  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
  3. adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address);
  4. a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  5. a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site or Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Site or Services with the complaint at issue.
Completed Counter-Notices should be sent to the DMCA Agent designated below:

MakerBot Industries, LLC
Attn: Frank Polcino
One MetroTech Center, 21st Floor, Brooklyn, NY 11201
(347) 334-6800
dmca@makerbot.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site or Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.  

OTHER INTELLECTUAL PROPERTY

If you believe that one of our users is, through the use of our Site or Services, unlawfully infringing or misappropriating your intellectual property (other than copyright) by submitting unauthorized material, and wish to have the allegedly infringing or unauthorized material removed, you may request removal of those materials by submitting written notification to legal@makerbot.com. The written notice (“Notice of Claimed Intellectual Property Infringement”) must include substantially the following:
  1. your physical or electronic signature;
  2. identification of the intellectual property rights (other than copyright) that you claim to have been infringed. Please specify the intellectual property right at issue (for example, trademark or patent). For an allegation of patent infringement, please provide the patent registration number(s) and the country/countries of origin. For an allegation of trademark infringement, please provide a list of trademark(s) at issue, the respective trademark registration number(s), and the country/countries in which the trademark(s) is/are registered;
  3. identification of the material on our Site or Services that you claim is infringing on your intellectual property (other than copyright) and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address);
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the rights owner, its agent, or the law;
  7. a statement that the information in the notification is accurate; and
  8. a statement, under penalty of perjury, that you are either the owner of the copyright or other right that has allegedly been infringed or violated or that you are authorized to act on behalf of the copyright or other rights owner.
Please provide a Notice of Claimed Intellectual Property Infringement using the format available here.

If you fail to comply with the provisions above, your Notice of Claimed Intellectual Property Infringement may not be effective.
 
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