Infringement Notification
Third party rights – Infringement Notification
Layers does not permit infringing activities through the use of its Software and Services, and Layers will take steps towards removing all User-Content if properly notified that such User-Content infringes on another’s intellectual property or other rights ((including Intellectual or Industrial Property rights, image or reputation rights, privacy rights, trade secrets, etc. – see Layering Guidelines for indications).
PROCESS
To notify us of any infringement of your rights through any third party’s use of the Layers Services, you will need to send a written communication to us providing all of the following information and declarations:
Include a statement telling us that you have found a User-Content on Layers which you believe infringes your rights.
Provide the following information:
Which country your rights apply to.
The original background webpage that has been layered.
Proof of your rights in relation to such webpage or any of its contents or the rights you are claiming.
Reference of the User-Content concerned and the full URL/Permalink.
Explanation of how that User-Content infringes your rights (e.g. your works of authorship are copied or transformed without consent, private data has been disclosed, your trademarks have been used without consent, etc.)
In relation to Intellectual Property Rights, the type (e.g. text, photograph, graphic design, audiovisual work, etc.) and details (e.g. publisher, dates, etc.) of the work which you own the rights to and which you believe has been infringed.your contact information so that we can get in touch with you and which we can pass on to the submitter of the User-Content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
Include the following statement: ‘I have a good faith belief that use of the User-Content described above infringes my rights by way of publication of such content without my consent and which is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I have an exclusive right in law to bring infringement proceedings with respect to the publication of the User-Content.’
Include a physical or electronic signature of the owner of the rights allegedly infringed or a person authorised to act on his/her/its behalf. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.
Send the notice, in writing, to the following address:
Address: C/Llull 321, 08019, Barcelona
Fax: +34 933 030 080
Email: notifications@layers.com
To expedite our ability to process your request, complaints may now be submitted online at… You will need a Layers account to use this tool.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
NOTES:
Make sure you know whether the content that you have seen on Layers infringes your rights and in which way. If you are not sure what your rights are, or whether your rights have been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of infringement by using this process.
A provider of User-Content may file a counter notice in response to your notification.
Counter Notice
To file a counter notice with us, you must provide a written communication that sets forth the items specified below. Please understand that filing a counter notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country 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 subscribers who are repeat infringers. So, if you are not sure whether certain Layers data or other user content infringes the rights of others, we suggest that you first contact a lawyer.
Elements of Counter Notification
To expedite our ability to process your counter notification, please provide the following information and statements (including section numbers):
Identify the specific URLs/permalink of Layer-Data that Layers has removed or to which Layers has disabled access.
Provide your full name, address, telephone number, email address and the username of your Layers account.
Provide a statement that you will accept service of process from the person who provided Layers with the original complaint or an authorised agent of such person.
Include the following statement: ‘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.’
Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.
Send the written communication to the following address:
Address: C/Llull 321, 08019, Barcelona
Fax: +34 933 030 080
Email: notifications@layers.com
After we receive your counter notice, we will forward it to the party who submitted the original claim of infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way. We will not forward the counter notification to any party other than the original claimant. We may then reinstate the material in question at our discretion.