Notice of Infringement

1.  Graphene respects the Intellectual Property Rights of others and expects you and all other Users to do the same.  It will respond to allegations of infringement of Intellectual Property Rights.

2.  How to file a notification of Copyright infringement

If you believe that your work has been used or copied in a way that constitutes infringement and such infringement is hosted on the Services, or in connection with the Services or Materials, please provide written notification via registered mail  (not via e-mail, fax or phone) of claimed infringement to Graphene, at its head office including all and each one of the following elements:

  • physical signature of the person authorized to act on behalf of the owner of the right that is alleged to have been infringed;
  • a description of the Intellectual Property Right(s) that you claim have been infringed, including any legal registration of such Intellectual Property Right(s) and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  •  a description of where the content that you claim is infringing is located on the Services;
  •  information sufficient to permit Graphene to contact you, such as your physical address, telephone number and e-mail address;
  •  a statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the owner of the Intellectual Property Right(s), its agent or the law;
  •  a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the owner of the Intellectual Property Right(s) or that you are legally authorized by the owner to act on the owner's behalf;
  • photocopy of a government issued ID or passport.

3.    Before you file such a notification, please note that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.  Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

4.   Graphene will respond to clear notices of infringement (following Portuguese Law, harmonized with the European Union above cited), and its response to such notices may include:

  • disabling access to the allegedly infringing content;
  • oppose such notice.

4.1  In case of content not introduced by Graphene, rather by a User:

  • disabling access to the allegedly infringing content;
  • making good-faith attempts to contact the User who posted the content at issue so that the User may, where appropriate, take action to oppose any such notice;
  • terminating the accounts of repeat infringers;

Last updated January 8, 2019

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