Copyright owners and controllers may file a DMCA notification with eCW
Section 4 invokes 17 U.S.C. § 512(c)(2) (the Digital Millennium Copyright Act of 1998) and says that a person who believes content on the Services infringes a copyright they own or control, or that a link on the Services directs users to another service containing material that infringes such a copyright, may file a notification of infringement with eCW as set out in the section. The section then lists the information the notification should include and names eCW's designated agent. It does not describe what eCW does on receiving a notification, whether access is disabled, or how a counter-notification may be filed.
Supporting quotations
Pursuant to 17 U.S.C. § 512(c)(2) (known as the Digital Millennium Copyright Act of 1998), if you believe that any content on our Services infringes on any copyright which you own or control, or that any link on our Services directs users to another service, such as another website, that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with us as set forth below.
Notifications should include the following information:
Qualifications & exceptions
Covers both material hosted on the Services and links that direct users to another service containing allegedly infringing material
Filing is optional; the text says the owner or controller may file a notification
No takedown, counter-notification or restoration procedure is stated in this section
Not stated here
No response timeline, removal obligation or counter-notice route appears in this source
Content & IP Rights · Procedure
Six elements a copyright notification should include
The notice says a notification should include: a physical or electronic signature of a person authorized to act for the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed, or a representative list if one notification covers multiple works; identification of the allegedly infringing material and information sufficient to let eCW locate it; the notifying party's name, address, telephone number and email address; a statement of good faith belief that the complained-of use is not authorized by the copyright owner, its agent or the law; and a statement that the information is accurate and, under penalty of perjury, that the notifier is authorized to act for the owner of the exclusive right allegedly infringed.
Supporting quotations
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
Contact information for the notifying party, including name, address, telephone number, and email address.
A statement that you 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Qualifications & exceptions
The elements are stated as information the notification should include rather than as a validated form
The perjury statement concerns authority to act for the rights owner, not the truth of the infringement claim itself
Not stated here
The source does not say whether an incomplete notification will be rejected or returned
Content & IP Rights · Procedure
Notifications go to an outside counsel designated agent in Atlanta
The notice directs that the infringement notification be submitted to eCW's designated agent: Damon J. Whitaker, Esq. of Bryan Cave Leighton Paisner LLP, 1201 West Peachtree St., NW, 14th Floor, Atlanta, Georgia 30309, with telephone 404-572-6913, facsimile 404-420-0913 and email damon.whitaker@bryancave.com. The named recipient is an outside law firm rather than an eCW support address, and both postal and electronic channels are given.
Supporting quotations
Please submit this notification to ECW's designated agent:
The designated agent is an outside law firm, Bryan Cave Leighton Paisner LLP
Postal address, telephone, facsimile and email are all listed as contact channels
Not stated here
The source does not state whether this designation is registered with the Copyright Office or how a change of agent would be announced
Content & IP Rights · Restriction or exception
eCW reviews Content only at its discretion and disclaims its timeliness and accuracy
eCW makes the Services available to its customers and their patients to provide an informative and educational resource. It may, but has no obligation to, review Content posted on the Services, and it does not guarantee the timeliness or accuracy of any or all Content. Neither the authors, eCW nor any other party involved in preparing or publishing Content can assure the user that it is in every respect accurate or complete, and eCW disclaims liability for errors or omissions or for results obtained from its use. The procedures, products, services and devices discussed or advertised in the Services are said not to be applicable to all individuals, patients or clinical situations, and eCW makes no claims about their effectiveness. Products and services represented by advertisers, sponsors and other participants, paid or unpaid, are presented for awareness and do not necessarily imply appropriateness for an individual or predict effectiveness, outcome or success; eCW disclaims liability in connection with their use.
Supporting quotations
eCW makes the Services available to its customers and their patients for the purposes of providing an informative and educational resource.
eCW may, but has no obligation to, review Content posted on the Services.
eCW does not guarantee the timeliness and accuracy of any or all the Content.
Neither the authors (whether users of the Services or not), eCW, nor any other party who has been involved in the preparation or publication of any Content can assure you that such Content is in every respect accurate or complete.
eCW disclaims liability for any errors or omissions or for the results obtained from the use of such Content.
The procedures, products, services, and devices discussed and/or advertised within the Services are not applicable to all individuals, patients, or all clinical situations.
eCW makes no claims as to the effectiveness of any such procedures, products, services, or devices.
You acknowledge and agree that any products and/or services represented on the Services by advertisers, sponsors, and other Services participants, either paid or unpaid, are presented for your awareness and do not necessarily imply appropriateness for any particular individual or prediction of effectiveness, outcome or success.
eCW disclaims any liability in connection with your use of such procedures, products, services, or devices.
Qualifications & exceptions
eCW's review of posted Content is discretionary, with no obligation to review
No guarantee is given for the timeliness or accuracy of any Content
The accuracy disclaimer covers errors, omissions and results obtained from using Content
Advertised procedures, products, services and devices are described as not applicable to all individuals, patients or clinical situations, with no effectiveness claim
Advertiser and sponsor content is presented for awareness only, whether paid or unpaid
Not stated here
The source does not describe a takedown or correction process for inaccurate Content, or any label distinguishing reviewed from unreviewed Content
Content & IP Rights · Company practice
eCW may delete uploaded content and restrict access in its sole discretion
eCW reserves the right to amend or delete any uploaded content, along with the right to revoke any membership or restrict access to the Services, where in eCW's sole discretion the content violates any provision of Section 7 or the Terms of Use generally. The trigger is eCW's sole discretion that a violation exists, and the available responses range from amending content to removing it and from revoking membership to restricting access.
Supporting quotations
ECW RESERVES THE RIGHT TO AMEND OR DELETE ANY UPLOADED CONTENT (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SERVICES) THAT IN eCW'S SOLE DISCRETION VIOLATES ANY PROVISIONS OF THIS SECTION OR THE TERMS OF USE IN GENERAL.
Qualifications & exceptions
Requires a violation of Section 7 or the Terms of Use in eCW's sole discretion
The responses are amending or deleting uploaded content, revoking membership and restricting access
Discretion is expressly eCW's sole discretion
Not stated here
The source does not describe notice, an opportunity to respond, or a restoration process
Content & IP Rights · Restriction or exception
Scraping, deep-linking and hidden-text use of eCW marks are prohibited
The user shall not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or to reproduce or circumvent the navigational structure or presentation of the Services or any Content, or to obtain or attempt to obtain materials, documents or information through means not purposely made available through the Services. Separately, the user shall not use meta tags or other hidden text utilizing the eCW names, service marks, trademarks or product or service names. The manual-process wording shows the prohibition is not limited to automated tools.
Supporting quotations
(iv) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services;
(ix) use any meta tags or any other hidden text utilizing the eCW names, service marks, trademarks, or product or service names;
Qualifications & exceptions
Covers automated devices and similar or equivalent manual processes
The objects reached are any portion of the Services or any Content
Also covers circumventing navigational structure or presentation
Separate ban on meta tags and hidden text using eCW names, marks or product or service names
Not stated here
The source does not describe any permitted indexing, accessibility or research exception
Content & IP Rights · Restriction or exception
Reverse engineering, producing competing products and assisting violations are prohibited
The user shall not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble or translate any of the Services, or otherwise alter, defraud or create false results from any of the Services. The user shall not create any product or service that competes directly or indirectly with any of the Services, and shall not assist any third party in engaging in any activity prohibited by these Terms. The three clauses cover understanding the code, building a competing offering and helping someone else do either.
Supporting quotations
(xiv) attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate any of the Services, or otherwise alter, defraud, or create false results from any of the Services; (xv) create any product or service that competes directly or indirectly with any of the Services; or (xvi) assist any third party in engaging in any activity prohibited by these Terms.
Qualifications & exceptions
The engineering ban is framed as an attempt and lists reverse engineering, reverse assembling, reverse compiling, decompiling, disassembling and translating
Also covers altering, defrauding or creating false results from the Services
Competition is prohibited whether direct or indirect
Assisting a third party in any prohibited activity is itself prohibited
Not stated here
The source does not describe how competition is assessed or what remedies apply to assistance
Content & IP Rights · Context
Postings are user-submitted files or messages that other users can access
The Services may at some point contain features that let a user submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips, documents or other files that are then accessed by other Services users or through the Sites or applications, and such a submission is a Posting. The availability is framed as possible rather than promised, so the posting rules below apply only if such functionality exists.
Supporting quotations
9. Communication of Other Information To and On the Services
The Services may at some point contain features that allow you to submit content or messages in the form of text, pictures, drawings, designs, graphics, audio clips, video clips, documents, or other files that are then accessed by other Services users or through the Sites or applications (a "Posting").
Qualifications & exceptions
The features are described as something the Services may at some point contain
A Posting can be text, pictures, drawings, designs, graphics, audio, video, documents or other files
Posted material is accessed by other Services users or through the Sites or applications
Not stated here
The source does not state whether posting features currently exist for this agreement version
Content & IP Rights · Restriction or exception
Postings must not violate, plagiarize or infringe third-party rights
The user shall not submit any Posting that violates, plagiarizes or infringes the rights of third parties, including copyright, trademark, patent, rights of privacy or publicity or any other proprietary right. Plagiarism is named alongside infringement, and the clause ends with a residual proprietary right category.
Supporting quotations
(iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
Qualifications & exceptions
The rights named are copyright, trademark, patent, privacy, publicity and other proprietary rights
Plagiarism is prohibited separately from infringement
Protection runs to third parties rather than to eCW
Not stated here
The source does not describe a notice-and-takedown process here; the DMCA process appears in Section 4
Content & IP Rights · Restriction or exception
Postings may not contain commercial material, advertising or promotions
The user shall not submit any Posting that contains any information, software or other material of a commercial nature, or that contains advertising, promotions or commercial solicitations of any kind. The two clauses reach commercial material generally as well as advertising, and neither clause states an exception or a permission route in this section.
Supporting quotations
(vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; or
Qualifications & exceptions
The first clause covers information, software or other material of a commercial nature
The second clause covers advertising, promotions and commercial solicitations of any kind
No exception or permission route is stated in this section
Not stated here
The source does not define commercial nature here, and Section 8's express-permission exception applies to solicitation rather than to Postings
Content & IP Rights · Permission or license
Submitting a Posting grants eCW a perpetual, exclusive, sublicensable licence
By submitting or authorizing any Posting, the user grants eCW a perpetual, worldwide, royalty-free, exclusive, sublicensable and irrevocable right and licence to use, copy, reproduce, distribute, perform and display the Posting and any information contained in it, and derivative works of it, in whole or in part, in any form, media or technology known or hereafter developed, so long as the use is consistent with eCW's applicable obligations set forth in these Terms. The grant is triggered by submission or authorization rather than only by posting, it is described as exclusive, and its stated limit is consistency with eCW's obligations in the Terms rather than a user right to withdraw.
Supporting quotations
By submitting or authorizing any Posting, you grant eCW a perpetual, worldwide, royalty-free, exclusive, sublicensable and irrevocable right and license to use, copy, reproduce, distribute, perform, and display such Posting (and any information contained therein) and derivative works thereof, in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with eCW's applicable obligations set forth in these Terms.
Qualifications & exceptions
Triggered by submitting or authorizing a Posting
The grant is described as perpetual, worldwide, royalty-free, exclusive, sublicensable and irrevocable
Covers the Posting, information in it and derivative works, in whole or in part
Covers any form, media or technology now known or later developed
Limited to use consistent with eCW's applicable obligations in these Terms
Not stated here
The source does not define the scope of exclusive here or describe compensation, attribution or a withdrawal route
Content & IP Rights · Restriction or exception
The user waives moral-rights, privacy and publicity claims over Postings
The user irrevocably waives any claims based on moral rights or similar doctrines and theories, and based on the right of privacy, misappropriation, right of publicity, unfair competition and similar doctrines, theories and torts. The waiver is expressed as irrevocable and lists both statutory-style rights and similar common-law doctrines, and it is untied to any specific use in its wording.
Supporting quotations
you hereby irrevocably waive any claims based on moral rights or similar doctrines and theories, and based on the right of privacy, misappropriation, right of publicity, unfair competition and similar doctrines, theories, and torts.
Qualifications & exceptions
The waiver is irrevocable
Covers moral rights and similar doctrines and theories
Also covers privacy, misappropriation, publicity, unfair competition and similar doctrines, theories and torts
Not stated here
The source does not state whether the waiver is limited to Postings or extends to other content the user submits
Content & IP Rights · Company practice
Postings are not pre-screened, but eCW may block, edit or remove them
The user acknowledges and agrees that eCW will not pre-screen Postings, and that eCW and its designees have the right, but not the obligation, in their sole discretion, to block or restrict access to or the availability of, or to edit, disable or remove, any Posting available via the Services or the Affiliated Services. By way of example and without limiting that right, eCW and its designees may take those steps for a Posting that violates these Terms or is required to be reviewed, monitored, edited or deleted in accordance with Applicable Laws. The two statements sit together: no advance review, and a discretionary power to act afterwards that eCW is not obliged to exercise.
Supporting quotations
You acknowledge and agree that eCW will not pre-screen Postings, and that eCW and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to edit, disable or remove, any Posting that is available via the Services or the Affiliated Services.
By way of example and without limiting the foregoing, eCW and its designees may edit, disable, remove, or restrict access to or the availability of, any Posting that violates these Terms or is required to be reviewed, monitored, edited, or deleted in accordance with Applicable Laws.
Qualifications & exceptions
eCW states it will not pre-screen Postings
The moderation right is expressly a right and not an obligation
Discretion is eCW's and its designees' sole discretion
The examples are illustrative and do not limit the right
The steps named are blocking, restricting availability, editing, disabling and removing
Not stated here
The source does not describe notice to the author, an appeal route or retention of removed Postings
Content & IP Rights · Company practice
Using the Services consents to sponsored ads placed at eCW's discretion
The Services may include sponsored advertising, and the user acknowledges and agrees that by accessing, using or downloading the Services they consent to the presence of sponsored ads and services on the Services, with advertising placed at eCW's sole discretion. Such ads may be placed vertically on the left or right side, or horizontally at the bottom, of any displayed page. Sponsored ads are delineated from other content with boxes surrounding the advertisement, a different colored background or other similar means, and contain a header with words similar to Advertisement or Sponsorship. The consent is to presence and placement, and the passage describes labelling rather than any user control.
Supporting quotations
10. Ads; Communications with Users; Links To Third Parties
The Services may include sponsored advertising and you hereby acknowledge and agree that by accessing, using, or downloading the Services, you consent to the presence of sponsored ads and services on the Services, which advertising will be placed at eCW's sole discretion.
Sponsored ads are delineated from other content on the Services using boxes surrounding the advertisement, a different colored background or other similar means and contain a header with the words similar to "Advertisement or Sponsorship."
Qualifications & exceptions
Advertising is placed at eCW's sole discretion
Consent is given by accessing, using or downloading the Services
Placement is described as left, right or bottom of any displayed page
Sponsored ads are separated by a box, a different colored background or similar means
The header wording is described as similar to Advertisement or Sponsorship rather than fixed
Not stated here
The source does not describe how a user avoids sponsored ads or whether ads target the user
Content & IP Rights · Restriction or exception
Users warrant they will not infringe IP or privacy rights when using the Services
The user represents, warrants and covenants that they will not infringe the patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right of eCW or any third party in their use of the Services or any Affiliated Services. The covenant covers both eCW's and third parties' rights, and its object is the user's use of the Services and Affiliated Services rather than content alone.
Supporting quotations
(iv) you will not infringe the patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right of eCW or any third party in your use of the Services or any Affiliated Services;
Qualifications & exceptions
Runs to eCW and any third party
Covers patent, copyright, trademark, trade secret, privacy, publicity and other proprietary rights
Attaches to use of the Services and any Affiliated Services
Not stated here
The source does not describe a remedy specific to this covenant apart from the indemnity
Content & IP Rights · Permission or license
Non-Provider users get a limited, revocable, non-transferable licence for personal use
For users other than Provider customers, eCW grants a personal, limited, revocable, non-exclusive and nontransferable right to access and use the Services and Content for personal and noncommercial use only, and reserves all rights it does not expressly grant. Provider customers are instead referred to their Customer Documents for the grant of rights.
Supporting quotations
If you are a Provider customer of eCW, please refer to your Customer Documents with eCW for the grant of rights to the Services.
Otherwise, eCW grants you a personal, limited, revocable, non-exclusive, nontransferable right to access and use the Services and Content for your personal and noncommercial use only.
eCW reserves all rights that it does not expressly grant to you under these Terms.
Qualifications & exceptions
Licence is limited, revocable, non-exclusive and nontransferable
Use is limited to personal and noncommercial purposes
Provider customers obtain rights under their Customer Documents, not this grant
Not stated here
The source states no separate fee or consideration for this licence
Content & IP Rights · Restriction or exception
eCW claims its marks and Content and restricts copying or exploitation
Section 3 lists registered and common-law eCW marks and prohibits their use without eCW's express written permission, while stating that third-party marks belong to their owners. Content is defined broadly to include the listed media and information as well as the arrangement, coordination, design, expression, look and feel, selection and structure of that content; it is owned, controlled or licensed by or to eCW and protected by copyright, trade dress, trademark and other intellectual property and unfair competition laws, with eCW reserving all rights, title and interests in the Content and Services. Except as expressly provided in the Terms or with eCW's express written consent, users must not copy, modify, reformat, lease, loan, sell, distribute, encode, post, publicly display, publish, republish, reproduce, derive creative works from, translate, upload or otherwise exploit any part of the Services and Content.
Supporting quotations
You shall not use the eCW Marks without the express, written permission of eCW.
The proprietary contents of the Services include, without limitation, the animations, applets, audio, data, design, graphics, illustrations, images, information, eCW Marks, music, photographs, text, video, and any other files displayed, used and/or available on or through the Services (the "Content"), as well as the arrangement, coordination, design, expression, look and feel, selection, and structure of such Content.
The Content is owned, controlled, or licensed by or to eCW, and is protected by copyright, trade dress, trademark, and other intellectual property rights and unfair competition laws. eCW reserves all rights, title, and interests in the Content and the Services.
Except as expressly provided in these Terms or by eCW's express written consent, you shall not copy, modify, reformat, lease, loan, sell, distribute, encode, post, publicly display, publish, republish, reproduce, derive creative works from, translate, upload, or otherwise exploit in any manner any part of the Services and Content.
Qualifications & exceptions
Marks may be used only with eCW's express written permission
The prohibition yields to rights expressly provided in the Terms or by eCW's express written consent
Content includes the arrangement, coordination, design, look and feel, selection and structure of the listed materials
Not stated here
The source does not state which uses, if any, eCW treats as implied or nominative fair use