Intellectual Property Rights Policy
February 03, 2022
Intellectual Property Rights Policy
- The Mobile Attitudes Platform
and all the content contained thereon or accessible through it (including,
without limitation, text, images, photographs, website layout, broadcasts,
graphics, artwork, music, audio clips, video clips, software, logos,
trademarks, and trade names), the Platform’s look and feel, its design and
organization, the arrangement, collection and compilation of the foregoing
(collectively, the “Platform Content"), and all the intellectual
property rights embodied in or arising from any of the foregoing
(including without limitation, copyrights, trademark rights, patent
rights, database rights, moral rights, sui generis rights and other
proprietary rights) (collectively, the "IP Rights") are and
shall remain the sole and exclusive property of Mobile Attitudes
(including its affiliates) or its licensors.
- Your use of the Platform or any
services shall not be deemed to grant you any ownership rights in any of
the Platform Content or any of the IP Rights.
- Moreover, Mobile Attitudes does
not grant to you any express or implied license to use any of the
foregoing except to the extent expressly permitted as follows:
- You may access, view and use
the Platform Content on your personal computer or
mobile/internet-compatible device and make single copies or prints of
such Platform Content for your personal, non-commercial use only,
provided that you do not erase, delete, remove, or otherwise modify or
tamper with any of the proprietary notices affixed to such Platform
Content.
- Except as permitted above, you
may not otherwise modify, transmit, participate in the transfer or sale
of, create derivative works based on, perform, display, copy, reproduce,
distribute, publish or otherwise exploit the Mobile Attitudes Platform,
any of the Platform Content or any of the IP Rights.
- Any commercial use,
distribution, publishing or exploitation of the Mobile Attitudes Platform
or the Platform Content by you (including, without limitation, via framing
or linking to this website / application or through commercial
transactions such as the reselling or redistribution of image or other
Platform Content available on or accessible through the Platform or its
services) is strictly prohibited.
- YOU ONLY HAVE A LIMITED RIGHT
TO USE THE PLATFORM AND THE PLATFORM CONTENT IN ACCORDANCE WITH MOBILE
ATTITUDES’S TERMS OF SERVICE.
- If you make any unauthorized
use of this Platform or the Platform Content, you may violate copyright
law, other laws of India, the laws of other countries,international
treaties, applicable state laws, and you may be subject to liability for
any such unauthorized use.
- In addition to any other rights
or remedies, Mobile Attitudes may take legal action, in law or in equity
to recover damages against the defaulting and liable parties, in case of
unauthorised use of the Platform or Platform Content.
- Mobile Attitudes’s Intellectual
Property
- You acknowledge and agree that
Mobile Attitudes or its third party licensors own the contents of the Mobile
Attitudes Platform and all copyrights and all other right, title and
interest in and to such content, and you agree not to challenge, directly
or indirectly, Mobile Attitudes's ownership (or that of its licensors) in
and to such content.
- Nothing contained in this
Policy or in our Terms of Service should be construed as granting, by
implication, estoppels, or otherwise, any license or right to use any
name, logo, trademark or service mark displayed in the Platform without
the written permission of Mobile Attitudes or such third party that may
own the trademark displayed via the Platform, and you may not use any
name, logo, trademark, or service mark available via the Platform without
prior written approval by Mobile Attitudes.
- Except as expressly permitted
in this Policy or our Terms of Service, you may not copy, display,
distribute, perform, create derivative works of, or otherwise use the
Platform or their content.
- User Uploaded Content
- When you upload content (“User
uploaded content") to Mobile Attitudes, you still retain all of your
rights of ownership in your uploaded content. However, by uploading,
posting or otherwise transmitting your content on or to Mobile Attitudes
Platform, you grant Mobile Attitudes (and its successors) a royalty-free,
perpetual, irrevocable, transferable, worldwide, non-exclusive right
(including any moral rights) and license to use, license to reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, derive revenue or other remuneration from, communicate to the
public, perform and display the content (in whole or in part) and/or to
incorporate it in other works in any form, media, or technology now known
or later developed, for the full term of any rights that may exist in
such content.
- You also permit any subscriber
to access, display, view, store and reproduce such content for personal
use, as permitted by the Platform and under our Terms of Service.
- You hereby represent and
warrant to Mobile Attitudes as follows:
- Your Uploaded Content, and
each and every part thereof, is an original work by you, or you have
obtained all rights, licenses, consents and permissions necessary in
order to use at any and all times during any applicable use.
- Your Uploaded Content and the
availability thereof on the Platform does not and will not infringe or
violate the rights of any third party, including, without limitation,
any intellectual property rights, performers’ rights, rights of privacy
or publicity, or rights in confidential information.
- You have obtained any and all
necessary consents, permissions and/or releases from any and all persons
appearing in your Uploaded Content in order to include their name,
voice, image or likeness in your Uploaded Content and to publish the
same on the Platform and via any Linked Services.
- Your Uploaded Content does
not and will not create any liability on the part of Mobile Attitudes,
its subsidiaries, affiliates, successors, and assigns, and their
respective employees, agents, directors, officers and/or shareholders.
- Mobile Attitudes reserves the
right to, with or without reason, remove User Uploaded Content, suspend
or terminate your access to the Platform and/or pursue all legal remedies
if we believe that any of the User Uploaded Content breaches any of the
foregoing representations or warranties, or otherwise infringes another
person's rights or violates any law, rule or regulation.
- Infringement of Intellectual
Property
- If you believe that your
protected work was posted on Mobile Attitudes’s Platform, or otherwise
hosted by Mobile Attitudes without authorization, you may alert us by
submitting an infringement/ takedown notification.
- To request the removal of
content based upon infringement or violation of your rights, you must
file a notice as per our Infringement
/ Takedown Policy
- If you have submitted an
infringement / takedown notification to us, we may contact you if we
require any additional information or have any additional questions about
your notification.
- Mobile Attitudes shall
temporarily suspend the said content and acknowledge the notification
within 24 hours and our Grievance Officer shall review the infringement /
takedown request submitted by you. The review process may take up to 15
days and if the said content is found to be in violation or infringing
your rights, then it shall be taken down permanently within 36 hours of
completion of such review.
- All information submitted in
your infringement / takedown notification may be forwarded to the
uploader of the content, and otherwise made public in any way by Mobile
Attitudes or a third party.
- Before submitting a
notification, please be aware that intentionally submitting a misleading
or fraudulent report may lead to liability for damages under governing
laws.
- Please note that Mobile Attitudes
is not in a position to adjudicate disputes between third parties where Mobile
Attitudes has not been made party to the dispute.
- Indemnification
- You shall defend, indemnify,
and hold harmless Mobile Attitudes and its affiliates, authorized
sublicensees and distributors, and each of their employees, contractors,
directors, suppliers and representatives, from any and all liabilities,
claims, and expenses, including reasonable attorneys' fees and court
costs, that arise from or relate to your use or misuse of, or access to,
the Platform, Service, Content or otherwise from your User Uploaded
Content, violation of our Terms of Service, or infringement by you, or any
third party using your account, of any intellectual property or other
right of any person or entity, and for breach of any of your
representations and warranties in this Policy or our Terms of Service.
- For the avoidance of doubt,
you hereby agree to defend, indemnify, and hold harmless Mobile Attitudes
from any and all claims by a third party owning, controlling or claiming
any right in or to your Uploaded Content, including claims for any
royalties and use or re-use fees.
- Mobile Attitudes reserves the
right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will assist and
cooperate with Mobile Attitudes in asserting any available defenses at
your sole expense.