Uploading copyrighted material such as copyrighted photographs, art, text,
and screenshots in violation of applicable copyright law violates this
Agreement. www.Layouts-Skins.com does not monitor the Content for this type of
activity. However, complaints submitted to www.Layouts-Skins.com by copyright
holders or their agents in compliance with the Digital Millennium Copyright Act
(“DMCA”) are taken seriously and may result in removal of Content deemed to be
violating at www.Layouts-Skins.com's sole discretion, a user’s termination of
use of the Services, plus fines or other legal action brought by copyright
holders and their agents.
Upon receipt of proper notification of claimed infringement, Layouts-Skins.com will follow the procedures outlined herein and in the DMCA.
I. COMPLAINT NOTICE PROCEDURES FOR COPYRIGHT OWNERS
The following elements must be included in your copyright infringement claim:
1. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
3. 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 Layouts-Skins.com to locate the material.
4. Information reasonably sufficient to permit Layouts-Skins.com 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.
5. 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.
6. A statement that the information in the notice 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.
You acknowledge that if you fail to comply with the above requirements for the DMCA complaint, your DMCA complaint may be rendered invalid.
II. NOTICE AND TAKEDOWN
Procedure: It is expected that all users of any part of Layouts-Skins.com systems will comply with applicable copyright laws. However, if Layouts-Skins.com 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 or to be the subject of infringing activity provided all such claims have been investigated and determined to be valid by Layouts-Skins.com in Layouts-Skins.com's sole and absolute discretion. Layouts-Skins.com will comply with the appropriate provisions of the DMCA in the event a counter notification is received.
III. REPEAT INFRINGERS
Under appropriate circumstances, Layouts-Skins.com may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.
IV. ACCOMMODATION OF STANDARD TECHNICAL MEASURES
It is Layouts-Skins.com policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent.
1. Your physical or electronic signature;
2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Diego, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.