2. Copyrights, Trademarks, Service Marks, And Proprietary Rights.
The design of, as well as the materials, content, text, graphics, and information contained in, the Website ("Materials") are owned, licensed, or controlled by Cboe or the party credited as the owner, licensor, or provider of such Materials. The Materials on the Website, including, but not limited to all menu pages, content, text, video, audio and graphics are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the United States and other countries. The Website is also protected as a collective work or compilation under United States copyright and other laws. You agree to comply with all applicable copyright and other laws. You agree to comply with any guidelines for linking to the Website that may be posted on the Website. You may view, print and download one copy of the contents for your personal noncommercial use in connection with products and services offered by Cboe, provided, you maintain all copyright, trademark and other notices contained on the Materials. You may not otherwise copy, reproduce, alter, store either in hard copy or in an electronic retrieval system, license, transmit, display, broadcast, create a derivative work (for example, a financial product, service or index) from, publish, rent, sublicense, distribute, or otherwise use in whole or in part in any other manner the Materials without Cboe's prior written consent except to the extent that such use constitutes "fair use" under the "Copyright Act of 1976", as amended from time to time. Request for such consent must be made in writing and should be mailed to Cboe Options Exchange, Attention: Internet Marketing, 400 S. LaSalle Street, Chicago, IL 60605; or you may send an e-mail via the "Contact Cboe" form located at http://www.cboe.com/Contact. Any Materials contained in the Website that are owned by, or about, you shall not be subject to the limitations on use contained in these Terms.
Digital Millennium Copyright Act Policy, Notice and Takedown Procedure. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This section describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Cboe as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Website will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating users, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
INFRINGEMENT NOTIFICATION:
Upon receipt of proper notification of claimed infringement, Cboe will follow the procedures outlined herein and in the DMCA.
To file a notice of infringement with Cboe, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.
To expedite our ability to process your request, please use the following format (including section numbers):
- Identify with sufficient detail the copyrighted work that you believe has been infringed;
- Identify the material you claim is infringing the copyrighted work listed in # 1 above and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cboe to locate the material;
- Information reasonably sufficient to permit Cboe to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
- The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
- Sign the document.
- Send the written communication to:
- Cboe Options Exchange
Attn: Legal Division - Cboe DMCA Complaints
400 South LaSalle Street
Chicago, Illinois 60605
OR fax to:
312-786-7919 Attn: Cboe DMCA Complaints
COUNTER NOTIFICATION
The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.
To file a counter notification with us, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Subject to prior written agreement you may not communicate the information specified below by email. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
- 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 to it was disabled;
- Your name, address, and telephone number;
- The following statement: "I consent to the jurisdiction of the Federal District Court for the [insert the federal judicial district in which your address is located or Cook County, Illinois if your address is outside of the United States]";
- The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
- The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- Sign the document.
- Send the written communication to:
- Cboe Options Exchange
Attn: Legal Division - Cboe DMCA Complaints
400 South LaSalle Street
Chicago, Illinois 60605
OR fax to:
312-786-7919 Attn: Cboe DMCA Complaints
Upon receipt of such counter notification, Cboe will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Cboe will replace the removed material or cease disabling access to it in 10 business days. Cboe will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification 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 system or network.
REPEAT INFRINGERS
In accordance with Section 512(i)(1)(a) of the DMCA, Cboe will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.