All Intellectual Property ("IP") used by Bombay Harbor
("BH") is the exclusive property of Bombay Harbor
. Any derivative works made by using the IP or any other technology in Bombay Harbor
shall at all times be deemed to be the exclusive property of Bombay Harbor
In the event of any individual, corporation, firm ("Entity"), infringing the IP vested in Bombay Harbor
, the same shall be dealt with severely under the applicable and existing laws at that point of time in the country / state where such infringement has taken place. For the sake of these Terms and Conditions, infringement ("Infringement"), shall mean and include, but shall not be limited to reverse engineering, decompiling, copying or any such activities which may be construed as an Infringement.
An Infringement would deem to have commenced from the date and time such offending Entity has started such Infringement.
In case of any Infringement committed by an Entity, Bombay Harbor
shall issue a notice of cease and desist ("Notice"), to such offending Entity to cease from carrying on such Infringement. On receipt of such Notice the Entity shall forthwith stop all activities which constitute an Infringement and shall reply to Bombay Harbor
and certify by written notice that it has ceased from conducting all such Infringement activities and shall hand over to Bombay Harbor
all such derivate works which have been arising out of or in connection with such Infringement.
On receipt of such Notice if such offending Entity does not comply with the terms and conditions as detailed in such Notice, Bombay Harbor
shall have the right to take legal action and approach a competent court of appropriate jurisdiction to enforce the relevant and applicable provisions of law to stop such Entity from carrying on any Infringement and shall also approach the court of law to make good damages, which shall include direct and indirect damages, suffered by Bombay Harbor
as a result of such Infringement.
If the event any Entity believes that its work has been copied in a way that constitutes an Infringement, such Entity shall by written Notice notify Bombay Harbor
of such Infringement.
Such Infringement Notice sent to Bombay Harbor
shall need to be backed with sufficient and reasonable proof to prove Bombay Harbor
’s Infringement of the Entity’s IP. The notice shall contain:
1. Identification of the IP that the Entity claims has been infringed.
2. Identify the material on the Bombay Harbor
site which constitutes an Infringement, with enough detail so that Bombay Harbor
may locate it on the Bombay Harbor
3. A statement by the Entity that the Entity has good faith belief that the Infringed IP use is not authorized by the copyright owner, its agent, or the law and shall also submit an affidavit and supporting documentation describing:
(a) the name of the owner along with the address and telephone number;
(b) if being represented by an agent the full name and details of the owner and agent; and
(c) the date of creation of such IP and
(d) A statement by such Entity declaring under penalty of perjury that the information in the Notice is accurate and that such Entity is the owner of the Infringed IP or that such Entity is authorized to act on behalf of that owner.
(e) Such Entity's physical or electronic signature.
On receipt of such Notice Bombay Harbor
will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA) and shall within a period of five (5) working days respond to such Notice.
All such IP Infringement notices shall be sent via
Electronic mail to firstname.lastname@example.org
and also via Air Mail, Registered AD to Unit No. 12, 2nd Floor, Mahalaxmi Industrial estate, Gandhi Nagar, Lower Parel, Mumbai - 400013.
Tel: +91 22 24950022.
In the event of any Entity wanting to use the IP vested in Bombay Harbor
, such person shall giving a full detailed description of such Entity’s intentions and ideas mail Bombay Harbor
. In the event of Bombay Harbor
agreeing to a request by an Entity Bombay Harbor
and the Entity shall enter into appropriate NON NEGOTIABLE AGREEMENTS in Bombay Harbor
's format as provided by Bombay Harbor
at that point of time.
reserves the right to decline any such request made any Entity to use any IP vested with Bombay Harbor
without ascribing any reasons.