DMCA Policy

 
 

Digital Millennium Copyright Act (DMCA) Policy

Thermos L.L.C. ("Thermos") endeavors to respect the copyrights of others and expects that users of its website(s) will also do so.  However, if you believe that your copyright-protected work has been infringed by Thermos or on one of its websites, please review and follow the policy below, which endeavors to implement both the Digital Millennium Copyright Act, 17 U.S.C. §512, ("DMCA") and Thermos' own copyright policies.

Designated Agent Contact Information

Thermos' Designated Agent to receive notification of alleged infringement under the DMCA and this policy is:

By Email: legal@thermos.com; OR

By Postal Mail:
DMCA Designated Agent – Legal Department
Thermos L.L.C.
475 N. Martingale Road, Suite 1100
Schaumburg, IL 60173

Infringement Notification

If you believe that your copyright-protected work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide to Thermos' Designated Agent (listed above) the following information in a written communication (preferably via email):

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site (Example: PDF file or hyperlink showing the original work);
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Thermos to locate the material (Example: Hyperlink or other reference to the infringing material on Thermos' website);
  3. Information reasonably sufficient to permit Thermos to contact the complaining party or their representative, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  4. For a notification to be complete, the following statements must be true and must be included in the notification:
      1. "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"; and
      2. "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
  1. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right 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.

Thermos' Response to Infringement Notification

If Thermos receives proper notification of claimed copyright infringement under this policy and the DMCA, our response will include removing or disabling access to material claimed to be the subject of infringing activity, regardless of whether we (or anyone else) 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 also may document notices of alleged infringement on which we act.

Counter Notification

A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide to Thermos' Designated Agent (listed above) the following information in a written communication (preferably via email):

  1. 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;
  2. Your name, address, and telephone number;
  3. For a notification to be complete, the following statements must be true and must be included in the counter-notification:
      1. "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]" OR, if the provider resides outside of the U.S., then the statement: "I consent to the jurisdiction of the judicial district in which the service provider may be found;
      2. "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent"; and
      3. "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
  1. Your signature, in physical or electronic form.

Upon receipt of such counter notification, Thermos will promptly provide the entity that provided the original infringement notification with a copy of the counter notification, and inform that person that Thermos will re-post the removed material and cease disabling access to it in 10 business days. Thermos will re-post the removed material and/or 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 content provider from engaging in infringing activity relating to the material on Thermos' system or network.

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, Thermos will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat copyright infringers, if any such accounts for the Thermos websites exist.

Accommodation of Standard Technical Measures

It is Thermos' policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Thermos determines are reasonable under the circumstances.