Copyright and content complaints

What this page covers

Listings on a marketplace

ELMS does not run a marketplace, and the marketplace decides what stays on its site. Removing material from ELMS does not remove a listing that is already live there, so also report it through the marketplace’s own programme for rights owners. On eBay this is the VeRO programme.

How to send a notice

Write your notice in English. A complete notice contains these seven items:

1. Who you are. Your name, your organisation if you act for one, your e-mail address, postal address and telephone number.
2. The work. A description of the copyrighted work, such as a text, a picture or a design, and where the original can be seen.
3. The material. Where it is, as exactly as you can: the listing address or item number, the product link or the picture address. One notice can list several items. For a picture, give the address where you saw it.
4. Your right to act. A statement that you own the rights or may act for the owner. If you act for the owner, say who it is.
5. Good faith. A statement that you believe in good faith that the owner, its agent or the law does not allow this use.
6. Accuracy. A statement that the information is correct and, where the law asks for it, that you make it under penalty of perjury.
7. Signature. Your signature, handwritten (as a scan or photo) or electronic. Your full name typed at the end of the e-mail counts.

A general statement such as “all products of this seller” does not let us find anything. We may ask for what is missing, and may not act on an incomplete notice. We may pass a copy of your notice, with your contact details, to the person it concerns so that they can answer it. The items above are required. Leave out anything else that you do not want shared.

We keep notices, counter-notices and our answers as long as we need them for the matter and any later claim. The Privacy Policy explains how we handle personal data.

What we do with a notice

We do not decide disputes between rights owners and sellers, and we promise no particular result. When a notice is valid, we act as soon as we reasonably can. Depending on the case, we:

• remove the material from ELMS or disable access to it;
• tell the person who added it, with a copy of the notice, by a message in the app or by e-mail;
• suspend the account while the matter is open, or end it in the cases described under Repeat infringers.

We cannot give legal advice to either side.

Counter-notice

When we act on material that you added, we tell you and send you a copy of the notice. If you believe the notice is wrong, write to support@elmstool.com with the subject “Legal notice” and include:

1. your name, e-mail address, postal address and telephone number;
2. the material, and where it was before we acted;
3. a statement that you believe in good faith that it was removed or disabled by mistake or because it was wrongly identified, or that you have the right to use it;
4. your signature, handwritten (scanned) or electronic.

The law of some countries asks for more, such as a statement made under penalty of perjury. Add it if yours does.

We send your counter-notice to the person who sent the notice. If that person does not tell us within a reasonable time that they have started legal action, we enable access to the material again or let you add it again.

Repeat infringers

ELMS has a policy for repeat infringers. An account with repeated valid notices against it, or that repeatedly uses material without the right to do so, may be suspended and, in serious cases, banned permanently. We e-mail the person and give the reason. See Suspension, bans and ending in the Terms for suspensions, bans and appeals. Opening a new account to get around a suspension or ban is a further breach.

Trademark and brand-rights complaints

If ELMS, or a listing prepared with it, misuses your trademark or another brand right, write to support@elmstool.com with the subject “Legal notice”. Include:

• who you are and how to reach you;
• the mark, the country, the registration number if it is registered, and the goods or services it covers;
• where the material is, as described under How to send a notice;
• why the use is not allowed, for example a counterfeit item, or a brand name that the seller has no right to use;
• a statement that you own the right or may act for the owner, and that the information is correct.

We act as described under What we do with a notice. Report a live listing to the marketplace as well.

For any other content problem, use the same address and subject, and tell us what and where.

False or mistaken claims

Do not send a notice or counter-notice that you know is untrue or have not checked. Depending on your country, a person who sends a false notice can be liable for the harm it causes, including legal costs. If you are unsure, ask a lawyer first. We may reject a notice that is abusive or not made in good faith.

If you use ELMS

You are responsible for the content you import and publish. Product text and pictures on supplier pages usually belong to someone else. Decide whether you may use them, and change or replace what you may not. The Terms explain this under Content you import and Prohibited items and brand rights.

If a message about a complaint reaches you:

1. Read the message and the copy of the notice.
2. For a draft, open Drafts, select it and choose Remove. Or open the draft and change the text or delete the picture.
3. For a live listing, open Live listings, select it and choose Delete & end on eBay. The listing is ended on eBay and removed from your ELMS lists.
4. If the complaint is about a picture, replace or remove it in the draft or listing, and tell us which picture it was, as described under How to send a notice.
5. If you think the complaint is wrong, send a counter-notice.

Contact

Notices and counter-notices

support@elmstool.com, with the subject “Legal notice”.

Privacy requests

support@elmstool.com, with the subject “Privacy request”. See the Privacy Policy.

Everything else

See the contact page.