better place

trademark & copyright

BETTER PLACE WEB SITE TRADEMARK USAGE GUIDELINES and COPYRIGHT INFRINGEMENT NOTICE POLICY

TRADEMARK USAGE GUIDELINES

Better Place’s trademarks, service marks and trade dress (collectively, “Trademarks”) are valuable intellectual property assets, and they should only be used pursuant to Better Place’s Trademark Usage Guidelines. Nothing in these Guidelines grants the right to use any Better Place Trademarks in any manner or to acquire any domain names that include any Better Place Trademarks. These Trademark Usage Guidelines may be modified by Better Place from time to time, in Better Place’s sole discretion. Licensees of Better Place and other third parties may be subject to additional use restrictions.

Use of Better Place Trademarks

•Better Place Trademarks should only be used to refer to Better Place products and services, and only in a manner that is true, accurate, not misleading and fair.
•The Better Place company logo and its trade dress should not be used without the company’s express written authorization. Likewise, its trademarks and service marks should not be used in their stylized form without the company’s express written authorization; they should be used only in standard text with initial caps or all caps.
•The Better Place Trademarks should be presented in a manner that makes them stand out from the text around them, such as in initial caps or all caps. Use an appropriate trademark symbol and/or trademark acknowledgement of Better Place’s ownership of the Trademarks. Use ™ for unregistered marks or ® for registered marks, and/or use the following form of acknowledgement: “BETTER PLACE and the company logo are trademarks of Better Place.”
•Do not use a Better Place Trademark as a noun, in a plural form, or in a possessive form. A Better Place Trademark should not be used in a generic or descriptive fashion. A Trademark should be used as an adjective, followed by the appropriate noun, such as: the BETTER PLACE network will offer many locations for recharging your car.
•Do not incorporate Better Place Trademarks into marks of other companies, organizations or individuals, do not modify the Trademarks in any manner, and do not join the Trademarks together to other words, names, symbols, numbers or phrases. The Trademarks should not be translated into another language
Better Place Trademarks

Better Place is developing new products and services, and anticipates that it will launch new trademarks, service marks and trade dress designs in the future. Better Place Trademarks currently include, but are not limited to:

BETTER PLACE
the BETTER PLACE company logo
PROJECT BETTER PLACE
graphics and icons used by Better Place
ornamental design of Better Place battery charging stations and battery exchange stations

COPYRIGHT INFRINGEMENT NOTICE POLICY

Notice of Claimed Infringement
Better Place will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and pursuant to this Copyright Infringement Notice Policy. Better Place also reserves the right to remove or disable access to any material posted to its Website, in its sole discretion. It is Better Place’s policy, in appropriate circumstances, to terminate the accounts or personal pages of repeat infringers.
Written notification of claimed copyright infringement must be submitted by mail, email or facsimile to the Better Place Designated Agent:

Name of Designated Agent to receive notification of claimed infringement:
Copyright Administrator

Street address of Designated Agent to which notification should be sent:
Better Place
Attention: Copyright Administrator
1070 Arastradero Road, Suite 220
Palo Alto, CA 94304

E-mail address of Designated Agent:
copyrightquestions@betterplace.com
Phone Number of Designated Agent:
(650) 845-2800
Facsimile Number of Designated Agent:
(650) 845-2850

To be effective, the notification must include substantially the following:

•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 a representative list of such works if there are multiple works.
•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 the service provider to locate the material.
•Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
•A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Removal of or Disabling Access to Material and Notice to User

After receipt of an effective notification of claimed copyright infringement, Better Place may remove or disable access to materials posted by third parties to its Website. In addition, Better Place may, in its sole discretion, notify the individual who posted the material that it has removed or disabled access to the material.

Counter-Notice and Replacement of Material

In the event that Better Place provides notification that it has removed or disabled access to material posted by a Website user, the user may send a written counter notification in compliance with the DMCA and this Policy that includes substantially the following:

•A physical or electronic signature of the user.
•Identification of the material that has been removed or to which access has been disabled and the location at which the material appears before it was removed or access to it was disabled.
•A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
•The user’s name, address and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification of the claimed infringement or an agent of such person.

Upon receipt of a valid counter notice, Better Place may send a copy of the counter notice to the original complaining party. Unless Better Place receives timely notice from the original complaining party that the person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material, Better Place may replace or restore access to the challenged material, in its sole discretion.