Effective May 15, 2017
NextUp respects the intellectual property rights of others and requires users to respect NextUp’s copyrights, trademarks, and other intellectual property rights. The text, graphics, images, video, artwork, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property, including but not limited to any copyrights, trademarks, service marks, trade names, trade dress, patent rights, or database rights (the “Content”) available on or through this Website (the “Services”) are NextUp’s property or the property of NextUp’s third-party licensors and are protected to the extent permitted copyright, trademark, or other intellectual property rights. The content available through the Services are intended for your personal, noncommercial use.
The Contents of the Services is “Copyright ©NextUp or its licensor(s). All rights reserved, except where specifically stated otherwise.” You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. You agree to comply with any additional copyright notices or restrictions contained in any Content available on or accessed through the Services.
Except for Content that you submit, post, or display through the Services, or unless expressly authorized by NextUp in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Services, except that you may make use of the content for your own personal, noncommercial use. By submitting, posting or displaying Content on or through the Services, you grant NextUp a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
Copyright Takedown Policy
NextUp respects the intellectual property rights of others. Accordingly, and pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”), NextUp (also identified herein as “we” or “us”) has adopted the following policy. If you (with end users, claimants, or visitors identified herein as “You”) believe that any materials made accessible by NextUp have been used or copied in a way that infringes your copyright, trademark, or other intellectual property rights, You may request removal of those materials from NextUp by providing us with the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2) A description of the copyrighted work or other intellectual property that You claim has been infringed;
3) A description of where the material that You claim is infringing is located on NextUp’s site or service (including the specific URL of each item in dispute, which should help us to quickly locate the relevant content);
4) Your address, telephone number, and email address;
5) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN
THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS. NEXUP WILL NOT TAKE RESPONSIVE ACTION TO REMOVE CONTENT UNTIL ALL OF THE NECESSARY INFORMATION IS PROVIDED.
Notice and Takedown. If NextUp receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. NextUp will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as further described below. In addition, NextUp may, at its discretion, deny access to its site by disablement and/or termination of accounts.
Designated Agent. Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email, efax or postal mail:
161 N. Clark Street, Chicago, IL 60601
Upon receipt of proper notification of claimed infringement, NextUp will follow the procedures outlined herein.
Copyright Counter-Notices. If content You posted on the site was removed due to a claim(s) of copyright or intellectual property infringement and You would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the DMCA:
1) To file a counter-notification with us, You must provide a written communication that sets forth the items specified below.
2) Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users (and removal of content from users) who are infringers. Accordingly, if You are not sure whether certain material infringes the copyrights of others, we suggest that You first contact an attorney.
Elements of Counter-Notification. To expedite our ability to process your counter-notification, please use the following format (including section numbers):
1) Identify the specific URLs of material that NextUp has removed or to which NextUp has disabled access.
2) Provide your full name, address, telephone number, email address.
3) Provide a statement that You consent to the jurisdiction of the courts of the State of Illinois, and that You will accept service of process from the person who provided notification to NextUp in accordance with the process outlined above or an agent of such person.
4) Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5) Sign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
161 N. Clark Street, Chicago, IL 60601
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it may include any of your identifying information set forth in the counter-notification. By submitting a counter-notification, You therefore consent to having such identifying information revealed in this way.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain You from engaging in infringing activity relating to the material on the site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification. If You reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between You and the complaining party to determine ownership. Therefore, please be aware that there may be adverse legal consequences in your country and/or the United States of America if You make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are infringers. So, if You are not sure whether content You posted on the site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we recommend You first contact a lawyer knowledgeable in the laws of the United States and the State of Illinois. If You do wish to file a counter-notice, You should follow the process set forth above under the heading “Elements of Counter-Notification.”
The distinctive NextUp Logos are service marks of NextUp.
Trademark Use Policy
NextUp Trademark Use Policy for Individual and Group Members
NextUp grants individual as well as corporate and regional group members of NextUp that are in good standing (collectively “Members”) the non-exclusive right to use the following trademark (“Mark”) subject to the terms below (collective “License”):
For quality-control purposes, Members’ use of the Mark must conform to standards set by, and remain under the control of, NextUp (including but not limited to as set forth and updated from time to time in the NextUp Brand Standards Manual). Members shall use the Mark only to indicate that they are NextUp members in good standing (i.e., as a collective membership mark), not either as a designation of origin or to mislead others as to the source or sponsorship of their goods/services.
Members must use the most current version of the Mark as shown in this policy, which may be updated from time to time, including to the extent the “TM,” “SM” or “®” symbol is shown. Regional Members’ use the Mark in connection with a regional designation must conform to the standards as set forth in the NextUp Brand Standards Manual. Members must provide NextUp with examples of their use of the Mark, immediately upon request. Members may not alter the Mark. Members who wish to use the Mark in a form or manner that is not granted in the License (e.g., as a designation of origin), or who wish to use any other trademark owned by NextUp, must obtain a separate written license from NextUp.
Members’ use of the Mark inures solely and permanently to the benefit of NextUp, its successors and assigns. Members may not (1) sublicense either the Mark, parts thereof, or confusingly similar marks; (2) challenge the License or NextUp’s use, rights, applications, registrations, or third-party licensing with respect to the Mark or parts thereof; (3) seek to register or claim rights in the Mark, parts thereof, or confusingly similar marks; (4) use marks that are parts of, or confusingly similar to, the Mark; (5) use the Mark in a way that, in NextUp’s view, either (a) violates the law, (b) tarnishes or disparages the positive image and goodwill of NextUp or the Mark, or (c) causes confusion, mistake, or deceives others into thinking that NextUp is the origin of, sponsors, endorses, certifies or otherwise approves of either Members (except with respect to their status as members) or Members’ goods, services, or commercial activities; or (6)
sue or threaten to sue NextUp for contributory infringement regarding activity by other Members that use the Mark. Members that use the Mark automatically agree to release, defend, indemnify, and hold harmless NextUp from third-party claims regarding Members’ activities. This paragraph of the License survives termination of the License.
As soon as Members are no longer in good standing with NextUp, the rights granted to Members under the License automatically terminate. NextUp may also terminate the rights under the License, or prohibit any particular use of the Mark by notice to Members at any time. Once the License terminates, Members must immediately and permanently stop using the Mark.