Copyright Policy
The
COPYRIGHT POLICY ("Agreement") is a legally binding agreement between:
You together with the company or other business entity you are representing, if any (hereinafter referred to as “You” or “Your”, if you are entering into this Agreement on behalf of a company or other business entity, You represent that You have the authority to bind such entity to this Agreement, in which case the term ‘You’ or ‘Your’ shall also include to such entity)
andSkyboard Media Pvt. Ltd, a company incorporated under the laws of India and having registered address at A-701, Anshul Heights, Off New Link Road, Near Vasant Complex, Kandivali (W), Mumbai – 400067, Maharashtra, India (along with all entities which directly or indirectly controls, is controlled by, or is under common control with us are hereinafter referred to as
“We”, “Us” or “Our”).
This Agreement governs the engagement and arrangement between You and Us. We may, in Our sole and absolute discretion and without any specific notice to You, update and change any part or all of this Agreement. The term
“Your Data” means all information submitted by You, including without limitation, information about Yourself, Your company / employer / projects / works and all other materials that You provide or disclosed to us.
- The term “Our Content” means all information, data, literature, text, messages, software, sound, music, video, photographs, designs, graphics, images, tags and all other materials and contents, as applicable, incorporated into our products and/or services.
- Our products and services are based upon our proprietary technology, intellectual property and confidential information and includes Our Content. Our products and services are protected by applicable intellectual property and other laws, including patent, trademark, and copyright laws. We own or are deemed to own and retain all rights including, without limitations, copyrights in Our Content. You are not entitled, in any manner, claim rights, copy, reproduce, modify, publish, display or transmit Our Content or our products and/or services, in whole or in part, by any means, without Our prior written consent. We may use and incorporate into our products and/or services Your Data or any suggestions or other feedback relating to our products and/or services provided by You, without any payment or condition.
- Subject to the provisions of this Agreement, You shall own and retain all rights to Your Data; however You hereby grant us and our licensors the permission to use the Your Data as provided herein. We do not claim ownership in Your Data that You provide to Us, and We acknowledge and agree that, subject to the terms and conditions of this Agreement, You will retain any and all applicable copyright and other intellectual property rights in Your Data, You already have.
- Notwithstanding anything contained herein, You hereby grant Us a non-exclusive, worldwide, irrevocable, perpetual, unlimited, assignable, sub-licensable through multiple tiers, royalty-free license to copy, host, use, reproduce, modify, reformat, translate, prepare derivative works of, improve, distribute, transmit, publish, remove, retain, add to, combine with information provided by third parties and/or publicly display Your Data, commercially or non-commercially exploit Your Data for any reason whatsoever. We are not responsible or obligated for returning the original disk, hardcopy, and any photographs or illustrations provided by You or procured by Us.
- You agree that even though You retain certain copyright or other intellectual property rights in Your Data, You do not own Our Content, our products and/or services which incorporates Your Data, nor do You own the form of the data presented/stored/used in Our products and/or services or on our servers or systems (including without limitation any data representing or embodying any or all of Your Data).
- You will have no right to claim to ask remuneration with respect to Our or Our sub-licensee’s use of the Your Data or materials as licensed in accordance with the terms herein.]
- You represent and warrant to Us that: (a) You have the right to grant the foregoing license and to post, submit, and make available Your Data; and (b) Your Data will not infringe, misappropriate, or violate any third-party rights (including any intellectual property rights).
- We are under no obligation, but do reserve the right in our sole discretion, to correct, pre-screen, filter, modify, copy, backup, transmit, refuse and remove any and all Your Data. We are not responsible for the appropriateness, legality, integrity, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of Your Data.
- You represent, warrant, and covenant that: (a) You have the power and authority to enter into this Agreement; (b) You have procured no-objections from relevant owners and authors of the work; (c) nothing in Your Data is unlawful, misrepresentative, libelous, plagiarizing or would constitute a breach of contract or confidence or commitment to privacy, secrecy or confidentiality; and (d) You are and will at all times be, in full compliance with all applicable laws, regulations, rules and ordinances regarding Your business, Your Data, including without limitation applicable data protection laws and export control laws, and otherwise as related to this Agreement and Your obligations hereunder.
- You shall keep all information disclosed by Us to You or otherwise acquired by You, in writing or orally, pursuant to this Agreement as confidential.
- You are solely responsible for Your Data and You shall indemnify, defend and hold Us including Our representatives harmless from and against all liabilities, claims or demands relating to or may result from any breach of Your obligations under this Agreement or for reasons attributable to You. You hereby irrevocably and unconditionally waive all rights to take any legal action against Us.
- Notwithstanding any other provision of this Agreement or otherwise, we disclaim any liability arising under this Agreement, whether Our liability is based in contract, tort, equity, at law, and/or otherwise, howsoever arising. We shall not, in any manner, be held liable for any loss or damage the reasons of which are attributable to You. This limitation of liability provision applies regardless of whether We have been advised of the possibility of, or could have foreseen, any damages. You understand and agree that the foregoing limitation of liability is an agreed allocation of risk and an essential part of this Agreement, without which, We would not have entered into this Agreement.
- We may terminate this Agreement by giving a prior written notice of seven (7) days to You. In case of breach of any of the terms of this Agreement by You, We have right to immediately terminate this Agreement.
- This Agreement shall be governed by and construed in accordance with the laws of India. All disputes under this Agreement shall be referred to arbitration by sole arbitrator appointed by Us. The proceedings of such arbitration shall be governed by the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time) and shall be held at Mumbai. We are entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. Subject to the above, the courts in Mumbai, India shall have exclusive jurisdiction over any of the disputes arising out of or in connection with this Agreement.
- You agree to comply with applicable laws.
- This Agreement constitutes the entire agreement between You and Us with respect to the subject matter of this Agreement and supersedes all prior arrangements between You and Us regarding such subject matter.
- This Agreement is on principal-to-principal basis. This Agreement does not create any agency or partnership or joint venture relationship between You and Us.
- This Agreement is on non-exclusive basis and We may enter into similar agreements with any other party(ies).
- No failure on Our part to exercise or delay in exercising any of Our rights will be deemed a waiver thereof, nor will any single or partial exercise preclude any further or other exercise of such or any other right.
- Any notices/communication to be given by a party hereto to the other shall be sent by registered letter or email to the other party at the address/email ID last notified by such party.
- If any part of this Agreement is unenforceable because of any rule of law, public policy or for any other reason, such unenforceable provision shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect.