Intellectual Property Rights Policy

Last updated on : 29 Sep 2024

1. The MobCup 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 MobCup (including its affiliates) or its licensors.
2. 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.
3. Moreover, MobCup does not grant to you any express or implied license to use any of the foregoing except to the extent expressly permitted as follows:
   1. 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.
   2. 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 MobCup Platform, any of the Platform Content or any of the IP Rights.
4. Any commercial use, distribution, publishing or exploitation of the MobCup 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.
5. YOU ONLY HAVE A LIMITED RIGHT TO USE THE PLATFORM AND THE PLATFORM CONTENT IN ACCORDANCE WITH MOBCUP’S TERMS OF SERVICE.
6. 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.
7. In addition to any other rights or remedies, MobCup 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.

1. MobCup’s Intellectual Property
   1. You acknowledge and agree that MobCup or its third party licensors own the contents of the MobCup 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, MobCup’s ownership (or that of its licensors) in and to such content.
   2. 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 MobCup 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 MobCup.
   3. 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.
2. User Uploaded Content
   1. When you upload content (“User uploaded content”) to MobCup, 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 MobCup Platform, you grant MobCup (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.
   2. 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.
   3. You hereby represent and warrant to MobCup as follows:
      1. 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.
      2. 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.
      3. 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.
      4. Your Uploaded Content does not and will not create any liability on the part of MobCup, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
   4. MobCup 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.
3. Infringement of Intellectual Property
   1. If you believe that your protected work was posted on MobCup’s Platform, or otherwise hosted by MobCup without authorization, you may alert us by submitting an infringement/ takedown notification.
   2. 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
   3. 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.
   4. 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.
   5. 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 MobCup or a third party.
   6. Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under governing laws.
   7. Please note that MobCup is not in a position to adjudicate disputes between third parties where MobCup has not been made party to the dispute.
4. Indemnification
   1. You shall defend, indemnify, and hold harmless MobCup 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.
   2. For the avoidance of doubt, you hereby agree to defend, indemnify, and hold harmless MobCup 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.
   3. MobCup 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 MobCup in asserting any available defenses at your sole expense.