IndiEarth – IP Policy

1.  We respect the rights of others and We expect IndiEarth Users to do the same. We require IndiEarth Users to submit Music Content and Film Content that does not infringe the rights of others. Notwithstanding, it is impossible for Us to verify whether all Music Content and Film Content submitted to IndiEarth has been fully cleared for copyright or other intellectual property law purposes. We cannot therefore assume responsibility for any Music Content and Film Content submitted to IndiEarth by IndiEarth Artists. All Music Content and Film Content submitted to IndiEarth by IndiEarth Artists are the sole responsibility of the IndiEarth Artists who originally submitted them. Any recourse for any damage that any entity may suffer shall be to such IndiEarth Artists.

2.  We have implemented a 3 pronged filtering process to ensure as much as We possibly can that any Music Content and Film Content is not infringing the rights of others:

                     1.                Declaration: IndiEarth Artists are required to declare through the Content Submission Declaration that amongst other matters they have obtained the prior written consent of the rightful rights owners of all copyrights and other intellectual property rights in all Music Content and Film Content submitted by them to IndiEarth.

                     2.                Checkpoint: We may, at any time, ask IndiEarth Artists questions about Music and/or Film Content submitted by them, including queries relating to rights aspects of the said Music Content and/or Film Content.

                     3.                Notice, Takedown and Counter Notice: IndiEarth has procedures for receiving written notification of claimed intellectual property infringements and counter notices for improperly submitted claims of intellectual property infringements. The structure of these procedures is based on those set out in the Digital Millennium Copyright Act "Safe Harbour” provisions. When We refer to intellectual property rights, We mean not only copyrights but also trademarks, publicity rights, patents, confidential information etc. For any matters concerning intellectual property infringements, counter notices for improperly submitted claims of intellectual property infringements etc. please send an e-mail to our IP hotline ("IP Hotline”): support@IndiEarth.com. 

     If Your intellectual property has been infringed, You may send our IP Hotline a written communication which contains the following:

1.             Identification of the right claimed to have been infringed.

2.             Identification of the material that is claimed to be infringing.

3.             Information reasonably sufficient to enable Us to contact You.

4.             A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner.

5.             A statement that the information in the notification is accurate, and that You are either the owner or are authorized to act on behalf of the owner of the rights allegedly infringed.

6.             Your physical or electronic signature.

If a notice of intellectual property infringement has been submitted improperly against You, a IndiEarth Artist, You may send our designated agent a written communication containing a counter notice which contains the following:

1.             Identification of the relevant material.

2.             A statement that a notice of intellectual property infringement has been submitted improperly against You and that that removal or disablement of such material is a mistake.

3.             Your name and telephone number, and a statement that You consent to the jurisdiction of the courts of Chennai, India.

4.             Your physical or electronic signature.

If We receive a notice of claimed intellectual property infringement, We may, at our sole discretion, suspend, remove or disable the specific Music Content and/or Film Content to which the notice refers. Whether We do this or not, and if so, at which stage of the notice and counter notice process, We shall try to forward the claim together with the complainant’s contact information to the IndiEarth User who submitted the allegedly infringing Music Content and/or Film Content. If the IndiEarth User makes a counter notice, We shall try to forward this counter notice to the complainant together with the IndiEarth User’s contact information.

3.      In any event, We reserve the right, at our sole discretion, with or without the need for giving You notice, and at any time to:

a.       Refuse service.

b.      Suspend, remove or disable any Music Content and Film Content submitted to IndiEarth.

c.       Terminate the Accounts of IndiEarth Users.

d.      Block use of the IndiEarth Website.

4.    EarthSync reserves the right to modify or amend this IP Policy at any time.