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.
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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.