Infringement / Takedown Policy

We at MobCup wish to create a safe and secure platform for our users and in order to protect them, we do not allow any objectionable / unlawful content or content that infringes the intellectual property rights of a third party on the MobCup Platform.

MobCup’s Terms of Service do not allow users to post, share, or send objectionable content such as content that threatens security or sovereignty of India, disturbs public order, is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy or harmful to minors.

MobCup’s Terms of Service do not allow users to post, share, or send that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights.

In filing any request, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further.

Copyright

Copyright is a legal right of the owner that protects original creative works of authorship (e.g. songs, videos, images, etc.). But, a copyright can protect only an original expression of ideas, it does not protect facts or underlying ideas.

Copyright Infringement

We do not allow any content that infringes copyright. Each user must ensure that the materials they upload do not infringe any third-party copyright. Any use of copyrighted content of others without proper authorization or a legally valid reason may lead to a violation. Note that not all unauthorized uses of copyrighted materials are infringements, as there are certain exceptions that fall under the category of “fair use” as per Section 52 of the Copyrights Act, 1957.

Removal of Content or Suspension of Account

MobCup will promptly remove materials / posts temporarily when properly notified that the materials/ posts infringe a third party’s copyright and shall acknowledge the said request within 24 hours. Our Grievance Officer shall review the infringement / takedown request submitted to us. The review process may take up to 15 days and if the said content is found to be in violation or infringing a third party’s rights, then it shall be taken down permanently within 36 hours of completion of such review.

Please note that your account may be permanently suspended or terminated for multiple copyright violations in connection with your use of the MobCup website or application, or other violations of the Terms of Service.

Copyright Infringement Notification

• If you believe that your copyright-protected work was posted on MobCup’s website or app, or otherwise hosted by MobCup without authorization, you may submit a copyright infringement notification. Before submitting a copyright notification to us, please consider whether or not the use could be considered fair use.
• To request MobCup for the removal of materials based upon copyright infringement, you must file a notice containing the following:
  • Your name, address, telephone number, and email address. If you are an authorized representative of the uploader, such as an attorney, please be sure to specify your relationship to the uploader.
  • A description of the copyrighted work that you claim has been infringed.
  • A detailed description of your issue. (For Example: A detailed account of the action which you believe is an infringement of your Copyright and legal rights; what task you aim to accomplish through this?; what challenges you’ve experienced that cause you to request help?)
  • A description of where on MobCup’s service the material that you claim is infringing may be found, sufficient for MobCup to locate the material (For example: the URL for the audio / image or the user account that posted such audio/ video/ image; feel free to use Screenshots in order to make it easier for us to locate the infringing content).
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
  • Your electronic or physical signature. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification.
  • Submit the above information to us:
    By Email: [email protected]; or
• MobCup 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 copyright infringement notification may be forwarded to the uploader of the content, and otherwise made public in any way by MobCup or a third party.
• Before submitting an infringement notification to us, please be aware that you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that a post or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

Copyright Infringement Counter-Notification

• If you believe that the post or materials reported in the copyright complaint were misidentified or removed in error, you may send us a counter-notification(s). A counter-notification is a request for MobCup to reinstate the removed material, and it may have legal consequences.
• The counter-notification must include the following:
  • Your name, address, and telephone number. If you are an authorized representative of the uploader, such as an attorney, please be sure to specify your relationship to the uploader.
  • A description of the material that was removed and the location on MobCup’s service where it previously appeared (For example: the URL of the audio/ video/ image; feel free to use Screenshots in order to make it easier for us to analyse).
  • A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, any judicial district in which MobCup may be found (India), and that you will accept service of process from the person who filed the original copyright infringement notice or an agent of that person.
  • Your electronic or physical signature. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your electronic counter-notification.
  • Submit the above information to us:
    By Email: [email protected]; or
• MobCup shall acknowledge the counter-notification within 24 hours and our Grievance Officer shall review the counter-notification request submitted by you.
• Upon receipt of a valid counter-notification, we will promptly forward a copy within 48 hours to the person who filed the original notice. This means that the contact information that is submitted in your counter-notification will be shared to the complainant and the counter-notification may be made public by MobCup or a third party.
• During this time, the complainant may file an action seeking a court order to keep the content down. The complainant may use the information provided in the counter-notification to file a lawsuit against you. Please note that we cannot offer any legal advice. Should you have questions, please consult an attorney.
• If we do not receive notice within 20 business days after forwarding the counter-notice that the complainant is seeking a court order to prevent further infringement of the post or material at issue, we may replace or cease disabling access to the post or material that was removed. Please note that the decision to re-post or suspend permanently any material is at MobCup’s sole discretion.
• Please note that re-posting material removed in response to a copyright infringement complaint may result in permanent account suspension. If you believe the content was removed in error, please file a counter-notification rather than re-posting the material.

Trademark

A trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service to the owner and distinguishes it from products or services of others.

Using another person’s trademark in a way that may mislead or confuse people to believe that you are affiliated with the trademark owner may be a violation of MobCups’s trademark policy.

Removal of Content or Suspension of Account

Any user content that infringes another person’s trademark may be removed from our Platform. Your account may be suspended or terminated for mlitiple trademark violations in connection with your use of the MobCup website or application, or other violations of the Terms of Service.

Trademark Infringement Notification

You can submit a trademark report to us via email at [email protected], by providing the following information:

• Your name, address, telephone number, and email address. If you are an authorized representative of the uploader, such as an attorney, please be sure to specify your relationship to the trademark owner.
• A clear and complete description of your trademark that you believe has been infringed, including the jurisdiction of registration, registration number, trademarked goods and services class.
• A scan of a trademark registration certificate or a direct link (URL) to your trademark record.
• Information about the allegedly infringing content, including the URL or other identifying location of the allegedly infringing content .
• A description of how the content has been infringing your trademark.
• A statement that you have a good faith belief that use of the trademark described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law.
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the trademark owner or are authorized to act on behalf of the owner.
• Your electronic or physical signature. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification.

If we remove content in response to a report of trademark infringement, we may notify the person you reported to inform them that the content was removed. We may also provide them with your contact information, including your email address and the name of the trademark owner, and/or details of your report.

Objectionable Content

Objectionable content means content that infringes any applicable laws, regulations or/and content which is threatens security or sovereignty of India, disturbs public order, is seditious, offensive, defamatory, obscene, indecent, pornographic, paedophilic, invasive of another’s privacy or harmful to minors.

Each user must ensure that the content or materials they upload are not in violation of any applicable laws or regulations.

MobCup Team

• MobCup has a Chief Compliance Officer and a specialised team to monitor and review all user uploaded content on the MobCup platform.
• In case MobCup identifies any objectionable content, the same shall be temporarily or permanently suspended within 24 hours in compliance with Article 19 (2) of the Constitution of India and Information Technology Act and Rules.
• MobCup shall store and preserve a copy of the user information and data of the individual uploading the objectionable content, including but not limited to the contact information, material history on the Platform and technical records for a minimum of 180 days in compliance with the Information Technology Act and Rules.

Governmental / Legal Complaint

• On being notified by the Governmental agency or on receiving a Court order of any objectionable content posted on the MobCup platform, MobCup shall suspend the objectionable content within 36 hours of receiving such a governmental notification or court order.
• MobCup shall have a Grievance Officer who shall acknowledge such governmental notification or court order within 24 hours and appoint a Nodal Officer who shall be available to assist the law enforcement agencies with regard to such complaints.
• The Chief Compliance Officer shall resolve such takedown complaints by tracing and identifying the originator of such objectionable content within 72 hours of receiving such complaint and intimate the law enforcement officers of the same.

User Takedown Complaint

If you believe that objectionable or unlawful content was posted on MobCup’s website or app, you can report to us of such content on the MobCup platform by providing us the following information:

• Your name, address, telephone number, and email address.
• A detailed description of the objectionable / unlawful content, including the URL or other identifying location of the allegedly objectionable / unlawful content (Please feel free to use Screenshots in order to make it easier for us to locate such content).
• Your electronic or physical signature. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification. Submit the above information to us:
  By Email: [email protected]; OR
• Upon receipt of a valid takedown complaint of objectionable content, MobCup may notify and inform the user who uploaded such content that an objectionable content complaint was received by us and while we review the said complaint, the said objectionable content shall be suspended.
• MobCup shall temporarily suspend the said objectionable content and acknowledge the takedown complaint within 24 hours of receiving a valid complaint and our Grievance Officer shall then review the said content. The review process may take up to 15 days and if the said content is found to be in violation of Article 19 (2) of the Constitution of India and applicable laws then the said content shall be taken down permanently within 24 hours of completion of such review.

Removal of Content; Suspension or Termination of Account

Any user uploaded content that is in violation of applicable laws and regulations may be removed from our Platform. Please note that re-posting material removed in response to a takedown complaint may result in permanent account suspension. Further, your account may be permanently suspended or terminated for multiple violations in connection with your use of the MobCup website or application, or other violations of the Terms of Service.