Copyright and Intellectual Property Policy - Pinnacle Blooms Network unit of Bharath Healthcare Laboratories Pvt. Ltd.
Section 1: Introduction
1.1. Welcome to the Copyright and Intellectual Property Policy of Pinnacle Blooms Network unit of Bharath Healthcare Laboratories Pvt. Ltd. ("Pinnacle"), operated by Bharath HealthCare Laboratories P LIMITED ("Company") and provides Multi-Sensory, Multi-Disciplinary, Integrated Autism Therapy and Allied Services ("Services").
1.2. This policy outlines the principles governing the use of copyrighted materials and intellectual property within the Clinics services.
Section 2: Copyright Ownership
2.1. All content, materials, and works created and published on the Clinics website and services are the exclusive property of the Company.
2.2. The Company retains all rights, including copyrights, to original content, design elements, graphics, logos, and trademarks.
Section 3: User-Generated Content and Intellectual Property
3.1. Ownership Transfer
By creating and posting content on the Pinnacle Website or App ("User-Generated Content"), you irrevocably transfer and assign all intellectual property rights, including but not limited to copyrights, patents, and trade secrets, in the User-Generated Content to Pinnacle Blooms Network unit of Bharath HealthCare Laboratories Pvt. Ltd. ("Pinnacle").
3.2. Rights Granted to the Company
Upon posting User-Generated Content, you grant Pinnacle an exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such User-Generated Content. This license includes the right to host, index, cache, distribute, and otherwise exploit your User-Generated Content in any and all media formats or channels, whether now known or hereafter devised, without requiring permission or payment to you or any other person or entity.
3.3. Waiver of Moral Rights
You waive any and all moral rights to be identified as the author of such User-Generated Content and any similar rights in any jurisdiction in the world.
3.4. Representation and Warranty
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User-Generated Content that you submit, and that the use by Pinnacle of any such User-Generated Content will not violate any intellectual property rights of third parties.
Section 4: Copyright Policy
4.1. Respect for Intellectual Property Rights
Pinnacle Blooms Network unit of Bharath HealthCare Laboratories Pvt. Ltd. ("Pinnacle") respects the intellectual property rights of others and expects all users of the Pinnacle Website and App to do the same. Unauthorized copying, modification, distribution, public display, or public performance of copyrighted works is an infringement of the copyright holder's rights.
4.2. Reporting Copyright Infringement
If you believe that your copyrighted work has been copied, modified, or distributed in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the designated Copyright Agent listed in the Contact Information section:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description specifying the location on our website or app where the material that you claim is infringing is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
4.3. Consequences of Infringement
Upon receipt of a valid infringement notice, Pinnacle will take appropriate actions under the applicable intellectual property laws, including removing or disabling access to the infringing material. Repeat infringers will have their user access to the website and app terminated.
If you believe that the material you posted was removed by mistake, and you have the right to post the material, you may elect to send a counter-notice to our Copyright Agent. All counter-notices must adhere to statutory requirements and will be processed in accordance with the law.
4.5. Legal Consequences
Failure to comply with Pinnacle's Copyright Policy may result in legal action, including but not limited to monetary damages, court costs, and attorneys’ fees incurred by us, any copyright owner, or any copyright owner's licensee that is injured as a result of our relying upon your misrepresentation.
Section 5: Takedown of Copyrighted Content
5.1. Upon receipt of a valid copyright infringement notice, the Company will promptly investigate and take appropriate actions, which may include removing the infringing content or disabling access to it.
5.2. If a user's content is removed due to copyright infringement, they may have the option to submit a counter-notification to have the content restored.
Section 6: Repeat Infringer Policy
6.1. The Company has a policy to address repeat copyright infringers.
6.2. Users who repeatedly violate copyright laws may have their accounts terminated or restricted.
Section 7: Intellectual Property Disputes
7.1. In the event of intellectual property disputes between users, the Company may, at its discretion, mediate or remove the disputed content while the matter is resolved.
7.2. The Company is not responsible for resolving intellectual property disputes between users.
Section 8: Use of Third-Party Copyrighted Content
8.1. Pinnacle website and services may contain links or references to third-party content that is subject to copyright protection.
Section 9: Intellectual Property Violations by Users
9.1. Users who violate intellectual property rights, including copyright, may face account termination or other appropriate actions.
9.2. The Company reserves the right to remove or restrict access to user-generated content that infringes intellectual property rights.
Section 10: Fair Use
10.1. Pinnacle website may contain copyrighted material used under the principles of fair use for educational, commentary, or research purposes.
10.2. Users are encouraged to respect fair use principles when using copyrighted content on the Clinics website.
Section 11: Intellectual Property Rights of the Company
11.1. Ownership and Rights
All intellectual property rights, including but not limited to trademarks, service marks, creatives, environment, design of therapy rooms, Pinnacle application, Practices, Processes, Systems, Technologies, Techniques, logos, copyrights, patents, trade secrets, and any other proprietary rights associated with the Pinnacle Website, App, and Services ("Company IP"), are the sole property of Pinnacle Blooms Network unit of Bharath HealthCare Laboratories Pvt. Ltd. ("Pinnacle") or its licensors. All rights not expressly granted herein are reserved by the Company.
11.2. Restrictions on Use
The Company's intellectual property should not be used, copied, reproduced, distributed, modified, or publicly displayed without the express written permission of the Company. Unauthorized use of Company IP is strictly prohibited and may result in severe civil and criminal penalties.
11.3. Legal Remedies for Unauthorized Use
Unauthorized use of the Company's intellectual property will be considered an infringement of the Company's rights and result in legal action, including but not limited to monetary damages, injunctive relief, and the recovery of legal costs and attorneys' fees.
11.4. Waiver of Right to Challenge
By using the Pinnacle Website, App, and Services, you irrevocably waive any right to challenge the validity or enforceability of the Company's intellectual property rights, both now and in the future. You also acknowledge that any unauthorized use of the Company's intellectual property would cause irreparable harm to the Company for which monetary damages may be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances.
11.5. Reporting Infringements
If you become aware of any unauthorized use or infringement of the Company's intellectual property, you are obligated to promptly notify the Company. Failure to do so may result in legal action against you.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and expenses, including attorneys' fees, arising out of or related to any unauthorized use of the Company's intellectual property.
11.7. Governing Law
This section shall be governed by and construed in accordance with the Pinnacle Governing Law and Jurisdiction Policy. Any dispute arising out of or in connection with this section shall be referred to and finally resolved in accordance with the dispute resolution mechanisms outlined in the Pinnacle Governing Law and Jurisdiction Policy.
Section 12: Copyright and Intellectual Property Policy Updates
12.1. Policy Updates
We reserve the right to modify, update, or change this policy at any time without prior notice. The "Last Updated" date at the beginning of this policy will be revised accordingly.
12.2. User Acknowledgment
By continuing to use our services after any modifications to this policy, you agree to be bound by the revised terms. Furthermore, you irrevocably waive any and all rights to challenge or dispute the validity or enforceability of any provision within this updated policy.
Section 13: User Obligations Regarding Intellectual Property
13.1. Prohibition on Infringement
Users are expressly prohibited from using the Pinnacle Services, Site, App to infringe upon or violate the Company IP, including but not limited to copyrights, trademarks, patents, and trade secrets.
13.2. User Responsibility for Content
Users bear the sole responsibility for ensuring that any and all content they create, upload, or otherwise disseminate through the Pinnacle Site, App does not infringe upon or violate any applicable laws concerning intellectual property rights. Failure to comply may result in immediate termination of service and potential legal action.
13.3. Indemnification for Intellectual Property Violations
By using the Pinnacle Services, Site, App, users agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from any and all claims, liabilities, damages, and expenses, including reasonable attorneys' fees, arising out of or related to any alleged or actual infringement or violation of any third-party intellectual property rights due to the content provided by the user.
13.4. Prohibition on Unauthorized Use Company IP
Users are strictly prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the Company IP, copyrighted, trademarked, or patented materials owned by Pinnacle, except as expressly permitted by the Company in writing. This includes, but is not limited to, any text, graphics, logos, designs, photographs, videos, and software used in connection with the Pinnacle Services.
13.5. Legal Consequences of Unauthorized Use
Unauthorized use of Company IP will be considered a serious violation of these terms and may result in immediate termination of service, legal action for injunctive relief, and/or claims for damages, including but not limited to statutory damages and attorney's fees.
13.6. Reporting Unauthorized Use
Users are encouraged to report any suspected unauthorized use of Company IP to the Company immediately. Reports should be directed to the contact information provided in the Contact Information section.
13.7. Waiver of Right to Challenge
By using the Pinnacle Services users irrevocably waive any and all rights to challenge or dispute the validity or enforceability of any provision within this section concerning Pinnacle's intellectual property rights.
Section 14: Educational Use of Copyrighted Material
14.1. Pinnacle website may contain educational materials, presentations, or research content protected by copyright.
14.2. Users are encouraged to use such materials for educational purposes only and not for commercial gain.
Section 15: Permissions for Use of Copyrighted Material
15.1. Users seeking to use copyrighted materials beyond fair use guidelines must obtain appropriate permissions from copyright holders.
15.2. The Company is not responsible for securing permissions on behalf of users.
Section 16: Company IP, Trademarks and Logo Usage
16.1. Restricted Use of Company Intellectual Property
The use, reproduction, or display of any intellectual property owned by Pinnacle ("Company IP"), including but not limited to trademarks, service marks, logos, patents, copyrighted material, or other proprietary information, is strictly prohibited unless expressly authorized in writing by the Company. This includes any use that could be considered likely to confuse or that disparages or discredits the Company.
16.2. Requirement for Written Authorization
Any desire to use Company IP must be submitted to the Company for review and approval. Written authorization from the Company is mandatory for any such use. Unauthorized use will be considered a breach of the Company's intellectual property rights.
16.3. Legal Consequences for Unauthorized Use
Unauthorized use of Company IP is a serious violation of these terms and may result in immediate termination of service, legal action for injunctive relief, and/or claims for damages, including but not limited to statutory damages and attorney's fees.
16.4. Reporting Misuse
Users are encouraged to report any unauthorized use or suspected misuse of Company IP to the Company immediately. Reports should be directed to the contact information provided in the Contact Information section.
16.5. Waiver of Right to Challenge
By using the Company's services, users irrevocably waive any and all rights to challenge or dispute the validity or enforceability of any provision within this section concerning the Company's intellectual property rights.
Section 17: Software and Applications
17.1. Users must comply with software license agreements and terms when using software or applications provided by Pinnacle
17.2. Unauthorized use or distribution of software may result in legal action.
Section 18: Employee Intellectual Property
18.1. Ownership of Intellectual Property Created During Employment
All intellectual property, including but not limited to inventions, discoveries, processes, methods, designs, software, data, creative works, and any other form of intellectual property conceived, developed, or produced by an employee during the course of their employment with Pinnacle ("Company"), whether individually or in collaboration with others, and whether or not during working hours or using Company resources, shall be the exclusive property of the Company.
18.2. Assignment of Rights
Employees are required to promptly disclose all such intellectual property to the Company and shall execute any and all documents necessary for the assignment and transfer of such intellectual property rights to the Company. Failure to promptly disclose or assign such intellectual property constitutes a breach of these terms and may result in disciplinary action, up to and including termination of employment.
18.3. Waiver of Moral Rights
To the extent permitted by applicable law, employees waive any and all moral rights or similar rights they may have in any territory in respect of any intellectual property created during the course of their employment.
18.4. Legal Remedies for Breach
Unauthorized use, disclosure, or failure to assign intellectual property rights as outlined herein may result in legal action against the employee, including but not limited to claims for injunctive relief, damages, and attorney's fees.
18.5. Survival of Terms
The obligations under this section shall survive the termination of the employee's employment relationship with the Company for any reason.
18.6. Waiver of Right to Challenge
By accepting employment with the Company, employees irrevocably waive any and all rights to challenge or dispute the validity or enforceability of any provision within this section concerning the Company's intellectual property rights.
Section 19:Protection and Security of Clinic's Intellectual Property
19.1. Security Measures
The Clinic's website, mobile application, and other services ("Platforms") incorporate various security technologies and measures designed to prevent unauthorized access, use, reproduction, distribution, or alteration of any copyrighted or proprietary content, information, or materials ("Content").
19.2. Prohibition Against Circumvention
Users are strictly prohibited from attempting to disable, bypass, modify, defeat, or otherwise circumvent any security measures implemented on the Platforms. This includes, but is not limited to, the use of hacking tools, reverse engineering, or any other means intended to disable or interfere with security protocols.
19.3. Legal Consequences
Any unauthorized attempt to circumvent the Platform's security measures will be considered a violation of these terms and may result in immediate termination of access to the Platforms, legal action, and/or criminal prosecution under applicable laws.
19.4. Monitoring and Enforcement
The Clinic reserves the right to monitor user activity for the purpose of ensuring compliance with these terms. The Clinic may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms.
Users agree to indemnify and hold harmless the Clinic, its affiliates, officers, directors, employees, agents, and licensors from any claim or demand made by any third party due to or arising out of the user's violation of this section.
19.6. Waiver of Right to Challenge
By using the Platforms, users irrevocably waive any and all rights to challenge or dispute the validity or enforceability of any provision within this section concerning the Clinic's intellectual property rights.
19.1. Pinnacle Site, App and Services may include security measures to protect against unauthorized copying or distribution of copyrighted content.
19.2. Users must not attempt to bypass or circumvent these security measures.
Section 20: Contact Information
21.1. For inquiries or concerns related to this Copyright and Intellectual Property Policy, please contact us using the information provided in the Contact Information section.
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