INFRINGEMENT POLICY

This Infringement Policy (“Policy”) is to be read further to and in connection with the Terms of Service and Privacy Policy as have been published on the website and application known as Wakau (“Platform”). The application and website for Wakau is owned and developed by Wakau Interactive Private Limited (herein referred to as “us”, “we” or “Wakau”) and this policy applies to all users of the Platform (“User”) along with all persons that wish to provide an infringement notice to a User for the alleged infringement of their Intellectual Property Rights.

By viewing or posting any content on this Platform, You agree to be bound by the terms and conditions of this Policy. If You disagree with the terms and conditions of this Policy, You are no longer authorized to use the Platform. This Policy shall form part of the Terms of Use and shall come into effect from the date on which the Terms of Use come into effect. You are bound by the Terms of Use and this Content Policy when You begin Your use of the Platform. When You use the Platform, You agree to all terms of our Content Policy, Terms of Use and Privacy Policy. If You disagree with any of these terms, please stop using the Platform.

General

We at Wakau understand the importance of Intellectual Property. We value our Intellectual Property and respect the intellectual property rights of others, and we expect our Users to do the same.

For the purpose of this Policy, “Content” shall mean any material including but not limited to text, images, audio and/ or videos displayed, broadcast, published, hosted, or communicated to public on the Platform. Content shall also include comments and hyperlinks. Content includes all material posted or published on the Platform.

Wakau is merely an intermediary and a technology provider. The Content posted on the Platform may be sourced from content providers or posted by users. Wakau holds no control with respect to the content, and does not warrant the correctness, validity or legality of the content. Wakau expressly disclaims all warranties and shall not be liable for any violations under civil or criminal law. As the content on the Platform is not owned by Wakau, it is not responsible for any content posted or available on the Platform.

Content Guidelines

You agree to post content in good faith only for lawful and non-commercial purposes including education, entertainment, criticism, or spreading information. You agree that the content posted by You is legal and does not violate any applicable laws, rules, regulations, policies, guidelines and/or norms applicable to the Content in countries where the Content is published, communicated to the public, or distributed by Wakau. You confirm that You are authorized to post the content on the platform. Wakau is not obligated to publish any information or content on the Platform and can remove any Content in its sole discretion, with or without notice to users.

You shall ensure that content posted by You:

Wakau is not obligated to publish any information or content on the Platform and can remove any Content in its sole discretion, with or without notice to users. In case the Content posted by the User violates any term or provision of this Policy, Wakau may remove any specific Content or parts thereof from the Platform(s) with no liability.

Infringement

We do not tolerate upload of any content that infringes on the intellectual property rights of any person property and our policies do not permit or encourage any User to post, share, or send any content that violates or infringes someone else’s intellectual property rights.

You acknowledge, confirm and agree that all intellectual property rights in the Content You post vests with You or You have a valid license to post, display, reproduce, make copies, broadcast, communicate to public such Content on the Platform.

Any use of content either belonging to or licensed to any person other than the User without proper authorization or legally valid reason leads to infringement. In some cases, you may be required to provide evidence to prove that you are entitled to use copyrighted content of others.

When You post content on the Platform, You grant Wakau a non-exclusive, perpetual, worldwide, transferable, irrevocable, royalty-free, unlimited license to use, commercially exploit, copy, cache, store, publish, display, distribute, modify, create derivative works and store such Content, including underlying works in the content, posted by You. You agree, understand and confirm that You are liable to pay any license fee, royalty, or any other consideration applicable to the content posted by You.

You grant Wakau a right to use the content posed by You on the Platform.

Other than as expressly set forth in this Policy, You shall not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

If You remove any Content from the Platform or terminate Your use of the Platform, Wakau may keep and use Your Content on its sole discretion and for any lawful purpose. Wakau and its users may retain and continue to use, store, display, broadcast, reproduce, modify, create derivative works, perform, and distribute any of Your Content even after the date of termination of Your use.

Consequences of Infringement

Any User uploaded content that infringes other person’s intellectual property rights may be removed, disabled or suspended from your account and the Platform. Your account may be suspended or terminated for multiple violations in connection with your use of the Wakau website or app, or other violations of the Terms of Service.

Infringement Notification

If you believe that your work or intellectual property was posted on the Platform, or otherwise hosted by Wakau without authorization, you should submit an infringement notification which shall include the following details:

We request you to please consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit an Infringement Notification. 

One may submit the said information to us by email: legal@Wakau.in; or by post at 101-104, Metro House, Mangaldas Road, Pune 411001, Maharashtra India. Attention of: Legal Team. You may contact us on +91-020-66806680 to discuss issues regarding an infringement notification.

All information submitted in your copyright infringement notification may be forwarded to the uploader of the content, to a legal advisor, the appropriate authority and/or any other third-party which Wakau may in its sole discretion believe need to be informed.

Before submitting a notification, please take note that intentionally submitting a misleading or fraudulent report may lead to liability for damages to Wakau and the User for the time and defamation which may be suffered.

Infringement Counter-Notification

If we receive an infringement notification against you, we will either remove or disable the distribution of the allegedly infringing work and shall send you an infringement notice, if you believe that to be in an error, you may provide us with a counter-notification. If we do not receive a counter notification within a period of 10 (ten) days from when we have sent you an infringement notice, we shall move to take-down the said work as an ex-parte decision. If we have received 5 or more infringement notices against you within a period of 1 (one) year, we will move to either suspend or terminate your account on the Platform as per the decision of our infringement committee. If you want to send us a counter-notification, it must include the following information:

One may submit the said information to us by email: legal@Wakau.in; or by post at 101-104, Metro House, Mangaldas Road, Pune 411001, Maharashtra India. Attention of: Legal Team. You may contact us on +91-020-66806680 to discuss issues regarding an infringement notification.

The counter-notification process may take more than 30 business days to complete. During this time, the claimant may file an action seeking a court order to keep the content down. Please note that we will forward the entire counter-notification to the claimant, including any personal information you provide, and the counter-notification may be made public. The claimant may use this information to file a lawsuit against you.

If we do not receive notice within 30 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed. The decision to re-post any material shall be at Wakau’s sole discretion.

If we remove content in response to a report of infringement, we may notify the person you reported to inform them the content was removed. We may also provide them with your contact information, including your email address and the name of the owner, and/or details of your report.

Indemnity

You will indemnify and hold Wakau and its affiliates, and their directors, officers and employees, harmless, including costs and attorneys' fees, harmless from any claim or demand made by any third party arising out of or in connection with the Content posted by You, any violation of this Policy by You, or any other illegal act done by You.

If Wakau is sued because of anything You do on the Platform, you shall be responsible for bearing the costs.

To the maximum extent permitted by law, Wakau and/or its affiliates shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) Your access to or use of or inability to access or use the platform; (b) any conduct or content of any third party on the platform, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of Your transmissions or content. In no event shall Wakau 's aggregate liability for all claims relating to the platform exceed INR 5000.

Our liability is limited.

This limitation of liability is part of the basis of the bargain between You and Wakau and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if Wakau or its affiliates have been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

General Note:

As a User of the Platform, you are responsible for the content you post. If you have questions about intellectual property law, such as questions about whether your content or your use of another person’s name or brand infringes or otherwise violates another person’s rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s right, you may also want to first seek legal advice before reporting such content to us.

If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Please note that Wakau is not in a position to adjudicate disputes between third parties and may not be able to remove the content or suspend the account you reported for infringement or violation. As an alternative, you may want to contact the person who posted the content or owns the account to try to resolve your issue directly.