WallpapersInfringement / Takedown Policy
We at DownRingtone wish to create a safe and secure platform for our users and in order to protect them, we do not allow any objectionable / unlawful content or content that infringes the intellectual property rights of a third party on the DownRingtone Platform.
DownRingtone’s Terms of Service do not allow users to post, share, or send objectionable content such as content that threatens security or sovereignty of India, disturbs public order, is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy or harmful to minors.
DownRingtone’s Terms of Service do not allow users to post, share, or send that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights.
In filing any request, please ensure that your notice is complete and that your statements are accurate. If we request additional information necessary to make your notice complete, please provide that information promptly. If you fail to provide the required information, your request may not be processed further.
Copyright
Copyright is a legal right of the owner that protects original creative works of authorship (e.g. songs, videos, images, etc.). But, a copyright can protect only an original expression of ideas, it does not protect facts or underlying ideas.
1. Copyright Infringement
We do not allow any content that infringes copyright. Each user must ensure that the materials they upload do not infringe any third-party copyright. Any use of copyrighted content of others without proper authorization or a legally valid reason may lead to a violation. Note that not all unauthorized uses of copyrighted materials are infringements, as there are certain exceptions that fall under the category of “fair use” as per Section 52 of the Copyrights Act, 1957.
2. Removal of Content or Suspension of Account
DownRingtone will promptly remove materials / posts temporarily when properly notified that the materials/ posts infringe a third party's copyright and shall acknowledge the said request within 24 hours. Our Grievance Officer shall review the infringement / takedown request submitted to us. The review process may take up to 15 days and if the said content is found to be in violation or infringing a third party’s rights, then it shall be taken down permanently within 36 hours of completion of such review.
Please note that your account may be permanently suspended or terminated for multiple copyright violations in connection with your use of the DownRingtone website or application, or other violations of the Terms of Service.
3. Copyright Infringement Notification
If you believe that your copyright-protected work was posted on DownRingtone’s website or app, or otherwise hosted by DownRingtone without authorization, you may submit a copyright infringement notification. Before submitting a copyright notification to us, please consider whether or not the use could be considered fair use.
To request DownRingtone for the removal of materials based upon copyright infringement, You are required to complete a form at the bottom of the page.
4. Copyright Infringement Counter-Notification
If you believe that the post or materials reported in the copyright complaint were misidentified or removed in error, you may send us a counter-notification(s). A counter-notification is a request for DownRingtone to reinstate the removed material, and it may have legal consequences.
Trademark
A trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service to the owner and distinguishes it from products or services of others.
Using another person’s trademark in a way that may mislead or confuse people to believe that you are affiliated with the trademark owner may be a violation of DownRingtones’s trademark policy.
1. Removal of Content or Suspension of Account
Any user content that infringes another person’s trademark may be removed from our Platform. Your account may be suspended or terminated for mlitiple trademark violations in connection with your use of the DownRingtone website or application, or other violations of the Terms of Service.
2. Trademark Infringement Notification
To submit a trademark report, please complete the form at the bottom of the page.
Objectionable Content
Objectionable content means content that infringes any applicable laws, regulations or/and content which is threatens security or sovereignty of India, disturbs public order, is seditious, offensive, defamatory, obscene, indecent, pornographic, paedophilic, invasive of another’s privacy or harmful to minors.
Each user must ensure that the content or materials they upload are not in violation of any applicable laws or regulations.
1. DownRingtone Team
DownRingtone has a Chief Compliance Officer and a specialised team to monitor and review all user uploaded content on the DownRingtone platform.
In case DownRingtone identifies any objectionable content, the same shall be temporarily or permanently suspended within 24 hours in compliance with Article 19 (2) of the Constitution of India and Information Technology Act and Rules.
DownRingtone shall store and preserve a copy of the user information and data of the individual uploading the objectionable content, including but not limited to the contact information, material history on the Platform and technical records for a minimum of 180 days in compliance with the Information Technology Act and Rules.
2. Governmental / Legal Complaint
On being notified by the Governmental agency or on receiving a Court order of any objectionable content posted on the DownRingtone platform, DownRingtone shall suspend the objectionable content within 36 hours of receiving such a governmental notification or court order.
DownRingtone shall have a Grievance Officer who shall acknowledge such governmental notification or court order within 24 hours and appoint a Nodal Officer who shall be available to assist the law enforcement agencies with regard to such complaints.
The Chief Compliance Officer shall resolve such takedown complaints by tracing and identifying the originator of such objectionable content within 72 hours of receiving such complaint and intimate the law enforcement officers of the same.
3. User Takedown Complaint
If you believe that objectionable or unlawful content was posted on DownRingtone’s website or app, please complete the form at the bottom of the page.
4. Removal of Content; Suspension or Termination of Account
Any user uploaded content that is in violation of applicable laws and regulations may be removed from our Platform. Please note that re-posting material removed in response to a takedown complaint may result in permanent account suspension. Further, your account may be permanently suspended or terminated for multiple violations in connection with your use of the DownRingtone website or application, or other violations of the Terms of Service.
The following elements must be included in your copyright infringement claim:
- Provide evidence of the authroized person to act on behalf of the woner of and exclusive right that is allegedly infringed.
- You must identify in sufficient detail the copyrighted work clain\med to have been infringed and including at least one search term under which the material appears in downringtone.com search results.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed.
