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.
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
Moreover, MobCup does not grant to you any express or implied license
to use any of the foregoing except to the extent expressly permitted
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 MobCup Platform, any of the Platform
Content or any of the IP Rights.
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
YOU ONLY HAVE A LIMITED RIGHT TO USE THE PLATFORM AND THE PLATFORM
CONTENT IN ACCORDANCE WITH MOBCUP’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, 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
MobCup’s Intellectual Property
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.
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.
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
User Uploaded Content
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.
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 MobCup 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 MobCup, its subsidiaries, affiliates,
successors, and assigns, and their respective employees,
agents, directors, officers and/or shareholders.
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.
Infringement of Intellectual Property
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.
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.
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
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.
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 MobCup is not in a position to adjudicate
disputes between third parties where MobCup has not been made
party to the dispute.
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.
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
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.