A. The Listed.PK 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 Listed.PK (including its affiliates) or its licensors.
B. 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.
C. Moreover, Listed.PK does not grant to you any express or implied license to use any of the foregoing except to the extent expressly permitted as follows:
D. Any commercial use, distribution, publishing or exploitation of the Listed.PK 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.
E. YOU ONLY HAVE A LIMITED RIGHT TO USE THE PLATFORM AND THE PLATFORM CONTENT IN ACCORDANCE WITH RINGTONELLY'S TERMS OF SERVICE.
F. 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.
G. In addition to any other rights or remedies, Listed.PK may take legal action, in law or in equity to recover damages against the defaulting and liable parties, in case of unauthorized use of the Platform or Platform Content.
a. You acknowledge and agree that Listed.PK or its third party licensors own the contents of the Listed.PK 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, Listed.PK's ownership (or that of its licensors) in and to such content.
b. 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 Listed.PK 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 Listed.PK.
c. 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.
a. When you upload content ("User uploaded content") to Listed.PK, 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 Listed.PK Platform, you grant Listed.PK (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.
b. You also permit any subscriber to access, display, view, and store and reproduce such content for personal use, as permitted by the Platform and under our Terms of Service.
c. You hereby represent and warrant to Listed.PK as follows:
d. Listed.PK 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.
a. If you believe that your protected work was posted on Listed.PK's Platform, or otherwise hosted by Listed.PK without authorization, you may alert us by submitting an infringement/ takedown notification.
b. 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
c. 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.
d. Listed.PK 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 20 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.
e. 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 Listed.PK or a third party.
f. Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under governing laws.
g. Please note that Listed.PK is not in a position to adjudicate disputes between third parties where Listed.PK has not been made party to the dispute.
a. You shall defend, indemnify, and hold harmless Listed.PK 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.
b. For the avoidance of doubt, you hereby agree to defend, indemnify, and hold harmless Listed.PK 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.
c. Listed.PK 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 Listed.PK in asserting any available defenses at your sole expense.