Политика в отношении интеллектуальной собственности

Last updated: January 2022

Madloba Limited respects the intellectual property rights of third parties and expects you to do the same. Madloba Limited's User Agreement and Community Policies do not permit you to post, distribute (share) or submit content that violates copyright, trademark or other intellectual property rights.

Copyrights

Copyrights are rights that protect original works of authorship (e.g. music, videos, etc.). Typically, copyrights protect the original outward expression of a work (e.g., a particular recording of a video or music), but do not protect its underlying ideas or facts.

Copyright infringement

We do not permit the use of copyright infringing content. Using the copyrighted content of others without proper permission or lawful justification may result in a violation of Maloba Limited's policies.

At the same time, not all unauthorized use of copyrighted content is a violation. Exceptions to copyright laws, such as the fair use (free use) doctrine or other applicable laws, allow the use of copyrighted work under certain circumstances.

Content Removal; Account Suspension or Termination

Any user content that infringes another person's copyright may be removed. Your account may be suspended or terminated for repeat copyright infringement when using the site or the Madloba app, or for other violations of the User Agreement or Community Policies. We reserve the right to refuse to allow the owner of an account that has been used for misuse to create a new account on the Madloba Site or App or otherwise post to Madloba Limited.

Notification of Copyright Infringement

By contacting the user directly, you can resolve your claim more quickly, which is more efficient for you, that user, and our community. You may also file a Statement of Copyright Infringement.

All claims must include the information requested on our online Claim of Copyright Infringement form. Failure to include the required information may limit our ability to review your claim and result in its rejection.

We may provide the account holder with your contact information, including your email address and the name of the copyright owner, and/or detailed information about the claim.

Before submitting your notification, please note that by knowingly making a false or fraudulent claim, you may be liable for damages under Section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws that may apply in other countries.

Responding to a Notice of Copyright Infringement

If you have received a notice of copyright infringement that you believe is erroneous or you believe you have a right to use the content, you may contact the copyright owner directly to request a revocation of the notice.

You may also provide us with a counter-notice using our Counter-notice form. All counter-notices must include the information requested on the Counter Notification form. Failure to provide the required information may limit our ability to review your counter-notice and may result in its denial.

The counter-notification process will take some time; please be patient. During this time, the alleged infringer may file suit to seek a court order to block the relevant content under the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries. Please note that, consistent with our User Agreement and Privacy Policy, we will provide a counter-notification to the original copyright infringer in full, including any contact information you provide. The person who originally filed the copyright infringement claim may use that information to file a claim against you.

Unless we are notified that the original infringer has requested a court order to prevent further infringement of the material in question, we may replace or terminate the blocking of access to the material that was removed if the material does not infringe the rights of a third party. The decision to repost the material is at Maloba Limited's sole discretion.

Trademark

A trademark (service mark) is a word, symbol, slogan, design, or combination of any of the above that identifies the producer, source of a product or service and distinguishes it from other products or services.

Trademark infringement

Trademark laws prohibit trademark infringement, which is generally the unauthorized use of a trademark or service mark in connection with goods or services in a manner that is likely to cause confusion in the eyes of the consumer, including confusion as to the source of the product or service, sponsorship or other association of a person with the producer of the goods and/or services concerned.

At the same time, the use of another person's trademark for purposes of direct reference, legitimate commentary, criticism, parodying, posting consumer reviews of the trademark owner's products or services, or for purposes of legitimate comparison of the trademark owner's products or services to other products or services, as long as the trademark is not used by the user to indicate his or her own goods or services or those of third parties, is generally not considered a violation of our policies. Similarly, it is generally permitted to create branded fan pages even without brand permission, provided that you do not claim to speak on behalf of or affiliate with the brand, or otherwise violate the brand's intellectual property rights.

Removal of content; suspension or termination of your account

Any content that infringes on the trademarks of others may be blocked. Your account may be suspended or terminated for repeated trademark infringement while using the Maloba Limited website or app, or for other violations of the User Agreement and Community Policies. We reserve the right to refuse to allow the owner of an account that has been used for misuse to create a new account on the Madloba Site or App or otherwise post to Madloba Limited.

Complaint and Notice of Trademark Infringement

By contacting the user directly, you can resolve your claim more quickly, which is more efficient for you, that user and our community. You can also file a Trademark Infringement Notice.

All claims must include the information requested on our online Trademark Infringement Claim Form. Failure to include the required information may limit our ability to review your claim and result in its rejection. Pursuant to our User Agreement and Privacy Policy, we may provide your contact information, including your email address and trademark owner name, and/or detailed information about the claim to the account holder.

Before submitting a notice, please note that knowingly submitting a false or fraudulent claim may subject you to liability for damages under the laws that may apply in certain countries.

Responding to a Trademark Infringement Notice

If you receive a trademark infringement notice in your content that you believe is erroneous or that you believe you have every right to use the trademarked content, you may contact the trademark owner directly to request a revocation of the notice.

You may also provide us with a counter-notice using our online Counter-notice form. All counter-notices must include the information requested on the online Counter Notification form. Failure to include the required information may limit our ability to review your counter-notice and may result in its rejection.

General Notice

As a user of Madloba's online resource, you are responsible for the content you post. If you have questions about copyright and trademark protection laws, such as whether your content, your use of a third party's name or brand, or other conduct violates another's rights, you may consult with your legal advisor. If you are unsure whether the material you plan to report to us infringes or otherwise violates another person's rights, you may also seek legal advice first before reporting such content to us.

If you send us an allegation or notice of infringement, we may contact you if we have further questions about your allegation or notice. Please note that Madloba Limited has no authority to adjudicate third-party disputes and may not be able to remove content or suspend an account that you have reported. Alternatively, you may contact the person who posted the content or who owns the account to try to resolve your problem directly.