Abuse Process

If any person wishes to report content hosted on the Elasticera Services as:

• A breach of their intellectual property rights; or
• A breach of our acceptable use policy

that person must follow this abuse process.

Making a complaint

A person making a complaint must:

• Let us know promptly after you discover the Content by emailing us at support@elasticera.com
• Identify precisely the Content about which you are complaining. Do this by providing us with the precise URL at which the content was found (NB this is the URL of the image itself, not of any website that may show the image).
• Provide us with contact information. This should include a telephone number on which we can reach you.
• Explain what it is in the relevant Content that causes you to complain. If you are complaining of copyright infringement, you must be precise about how the relevant Content is infringing your copyright.
• If you are complaining that the relevant Content infringes your copyright, you must include the following statement in your email:
  

  "I confirm that I am the owner or exclusive licensee of the copyright material known as [insert title] and that I genuinely believe that the Content I have drawn to your attention in this email infringes my rights."

• If you are complaining that the relevant Content infringes your trade mark, you must attach a copy of your trademark (including registration certificates, if applicable) and include the following statement in your email:

  "I confirm that I am the owner or exclusive licensee of a trademark whose representation I also attach. I genuinely believe that the Content I have drawn to your attention in this email infringes my rights in this trademark."

• If you are complaining that the Content is defamatory of you, you must include the following statement in your email:

  "I confirm that the statements made in the Content I have drawn to your attention in this email are untrue and the continued publication of these statements will cause me real damage."

• If you are complaining that the Content is illegal then you should be clear about which law in which country you believe that the Content infringes.
• In all cases you must include the following statement in your email:

  "I believe that the statements I have made in this email are true to the best of my knowledge."

• In all cases you must sign the statement. So if your email is a scanned letter then you should sign the letter. If the email is plain text then you should scan your signature and attach it to the email.

Acknowledgment

If we accept a complaint as validly formed we will send you an email with a complaint number.

We will NOT acknowledge any complaint that we do not accept is validly submitted in accordance with the above rules. So if you do not get any acknowledgment from us it means that you have not follow the above rules properly.

Removal of Content

Once we have acknowledged your complaint as valid, if we are able to identify the Content about which you complain we will remove it within seven days unless we believe that your complaint is not valid. In which case we shall tell you of our decision.

In the event that we decide to remove content following a complaint, we will notify our subscriber and provide them with a copy of the complaint including your contact details.

Counter Notice for copyright and trade mark Cases and/or Defamation

If we remove content a subscriber may ask us to reinstate it.

In order to do so the subscriber must email us at support@elasticera.com and must:

• provide us with contact information. This should include a telephone number on which we can reach you.
• Include in your email a statement in the following form:

  "I will accept service of proceedings from the complainant at the address I have provided in this email.
  To the best of my belief, the material that has been removed is the subject of a mistake or a misidentification of the complainant."

If the counter-notice is correctly formed we will acknowledge receipt. Shortly after receipt we shall forward the counter-notice (including attachments) to the complainant. We may then, at our sole discretion, reinstate the Content.

Legal Advice

Copyright infringement trade mark infringement and defamation (and other abuses of content) are serious matters. We do not act as lawyers in any capacity. We do not act as a judge or any kind of arbiter.

IF YOU ARE IN ANY DOUBT YOU MUST OBTAIN YOUR OWN LEGAL ADVICE.

Last Updated: October 22nd, 2012