Disclaimer

Reproof of the infringement of trade mark rights:

Infringements of copyright, intellectual property right and/or other trade mark rights of third parties have to be rebuked towards PORTFOLIOPOOL. Provided that the user that rebukes has sufficiently and convincingly stated the infringement of the trade mark rights, PORTFOLIOPOOL will remove the respective work from the website.

The reproof has to contain the following information and to comply with the following form:

1. Name, address and -if existing- e-mail address of the person that rebukes.
2. A declaration that allows to forward the contact details of the person that rebukes to the user that has put the work online, so that he or she can get in touch with the person that rebukes directly.
3. A declaration that and which trade mark rights have been / will be infringed on the website and the manner how the trade mark rights are infringed.
4. The complete URL where the work with the infringed trade mark rights can be seen.
5. The kind of work and the work title.
6. Name, address and –if existing- e-mail address of the creator as well as –if deviating- the owner of the affected trade mark rights.
7. More details of the protected work (e.g. publishing date, publisher, etc.).
8. The country for which the trade mark rights should be alleged.
9. A declaration confirming that the usage of the rebuked work was not authorized by the owner of the copyright and is not legally admissible.
10. A declaration that the person that rebukes is the owner of the copyright respectively has legally the right to take legal action against infringements of the copyright of the affected work/works.
11. The signature of the person that rebukes respectively in case of an electronic reproof a scanned signature or a valid electronic signature.
12. A declaration of the accuracy of all given information.

For the raising of further claims, the person that rebukes has to refer to the user who has published the affected work on the website. The person that rebukes is informed that a false statement or an intentional deceit concerning an infringement of trade mark rights can have legal ramifications. In particular, PORTFOLIOPOOL can claim compensations for damages. Hence, a reproof should only take place if the person that rebukes definitely knows that trade mark rights have been infringed. In case of doubt, the person that rebukes should contact a lawyer. A reproof can only be made if the person that rebukes owns the copyright of the affected work or has legally the right to take legal action against infringements of the copyright of the affected work.