Jeluxpox will attempt to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice for content you have submitted, we may remove the allegedly infringing content or suspend your access to the Jeluxpox website. Jeluxpox reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive notice of intellectual property infringement, Jeluxpox strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When Jeluxpox removes, blocks, or disables access in response to such a notice, Jeluxpox makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.
- DMCA Cooperation: Jeluxpox’s copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA). To the extent any requirements and obligations of service providers under the DMCA change or are different than those set forth herein, Jeluxpox’s Policies and procedures may likewise change in accordance with the DMCA requirements and obligations of service providers.
- Counter DMCA Notifications: If Jeluxpox receives a DMCA counter-notification, Jeluxpox will send a copy of the counter-notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Jeluxpox of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter-notice to the original complaining party. If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked, or disabled at the sole discretion of Jeluxpox.
- Repeat Infringement: Jeluxpox may terminate account privileges of Members that are subject to repeat notices of intellectual property infringement as determined by Jeluxpox at its sole discretion.
- Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own or have permission to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the Content you post or use in connection with any Content and the Services provided under this Agreement.
- Inappropriate, False, or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.
- Jeluxpox Intellectual Property. Subject to the terms and conditions of this Agreement, Jeluxpox hereby grants to You, and You hereby accepts from Jeluxpox, a non-exclusive, limited, non-transferable, revocable, royalty-free right and license to use any materials such as generated image assets, source files or other content provided by Jeluxpox, or any derivatives created thereof whether by Jeluxpox, You or any third party, (collectively, “Licensed Materials”) to You to promote any product within the Platform. You shall not use the Licensed Materials for any other purpose described herein and shall immediately cease using the License Materials upon the termination of this Agreement or on the instruction of Jeluxpox.
-
- All uses of the Licensed Materials, and all goodwill associated therewith, shall inure solely to the benefit of Jeluxpox. You shall not at any time (i) challenge, or cause, induce, authorize, or assist any person to challenge, the validity of the Licensed Materials or Jeluxpox’s ownership, use or registration of or rights in any of the Licensed Materials or (ii) take any action in derogation of Jeluxpox’s rights in the Licensed Materials, including by using, licensing or applying to register any marks that is identical or substantially/confusingly similar to any of the Licensed Materials. If You acquire any rights in any mark that is identical or substantially/confusingly similar to any of the Licensed Materials, by operation of law or otherwise, You shall and do hereby assign, at no additional cost, all such rights to Jeluxpox and its successors, together with all associated goodwill in and applications and registrations for such mark.
-
- You acknowledge that a breach or threatened breach of this provision may give rise to irreparable harm to Jeluxpox, for which monetary damages may not be an adequate remedy, and You hereby agree that in the event of a breach or a threatened breach by You or your subsidiaries or affiliates of any such obligations, Jeluxpox shall, in addition to any and all other rights and remedies that may be available to it in respect of such breach, be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance and other relief that may be available from a court of competent jurisdiction without any requirement to post bond.
If you have any questions about our Services, Products or this Agreement, you please contact us by email at [email protected].