Listing’s Intellectual Property & DMCA Policy

Module: Common (Utsav Mandirs™ & Utsav Listings™)
Document Type: Hybrid — Plain English + Legal Reinforcement
Trademark: Utsav Mandirs™ and Utsav Listings™ are trademarks of MyMahotsav Futuretech Ltd
Effective Date: 24th February 2026
Version: 1.0

Part A: Plain English Summary #

Respecting Others’ Creative Work #

Our directories contain photos, logos, descriptions, and other content created by Listing owners and community members. This policy explains how we handle intellectual property rights—both protecting your rights and ensuring you don’t violate others’.

The Simple Truth #

• Don’t use what isn’t yours: Only upload photos, logos, and text that you own or have permission to use.

• We respond to complaints: If someone believes their copyrighted work appears without permission, we’ll investigate and remove if necessary.

• Repeat infringers lose accounts: Users who repeatedly violate copyright will be banned.

• Trademarks matter: Don’t use others’ brand names or logos in ways that could confuse people.

• We’re protected by safe harbors: As a directory platform, we qualify for legal protections under DMCA and similar laws when we follow proper procedures.

Part B: Legal Terms and Conditions #

1. Copyright and Your Content #

1.1 Your Ownership: You retain all copyright and other intellectual property rights in content you submit to our directories.

1.2 License to Us: By submitting content, you grant MyMahotsav Futuretech Ltd the licenses described in Document 2 (Directory Listing Terms & Conditions).

1.3 Your Warranties: You represent and warrant that:

• You own the content or have permission to use it

• The content does not infringe any third-party copyright, trademark, or other intellectual property right

• You have obtained all necessary model releases, property releases, or other permissions

2. Copyright Infringement by Users #

2.1 Prohibited Conduct: You may not upload, post, or otherwise make available any content that infringes any copyright, trademark, or other proprietary right of any person or entity.

2.2 Repeat Infringer Policy: Utsav Mandirs™ and Utsav Listings™ will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

3. DMCA Compliance (United States) #

3.1 Designated Agent: Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512), MyMahotsav Futuretech Ltd has designated an agent to receive notices of claimed copyright infringement:

3.2 DMCA Safe Harbor for Information Location Tools: As a directory platform that provides links and references to third-party websites and information, we qualify for the DMCA safe harbor for information location tools under 17 U.S.C. §512(d). This protects us from liability for referring or linking users to infringing material, provided we:

• Do not have actual knowledge that the material is infringing

• Are not aware of facts or circumstances from which infringing activity is apparent

• Do not receive a financial benefit directly attributable to the infringing activity where we have the right and ability to control it

• Respond expeditiously to remove or disable access to the material upon receiving a proper notification

3.3 Notice of Infringement: To file a copyright infringement notice, you must provide:

• Your physical or electronic signature

• Identification of the copyrighted work claimed to have been infringed

• Identification of the material that is claimed to be infringing, with enough detail that we can locate it (e.g., the Listing URL)

• Your contact information (address, phone number, email)

• A statement that you have a good faith belief that the use is not authorized

• A statement, under penalty of perjury, that the information is accurate and you are authorized to act

3.4 Counter-Notice: If you believe your content was removed by mistake, you may file a counter-notice including:

• Your physical or electronic signature

• Identification of the removed material and where it appeared

• A statement under penalty of perjury that you have a good faith belief the material was removed by mistake

• Your name, address, and phone number

• Consent to jurisdiction of federal court in your district

4. DMCA Safe Harbor for Directories #

4.1 Directory Provider Protections: Under Section 512(d) of the DMCA, directory and information location tools providers are entitled to safe harbor protections. Congress recognized that “directories are particularly helpful in conducting effective searches by filtering out irrelevant and offensive material” and intended to promote their development.

4.2 Red Flag Test: The “red flag” test for directories means that:

• Absent actual knowledge, awareness of infringement should typically be imputed only with respect to “pirate sites or in similarly obvious and conspicuous circumstances”

• Directory providers are not expected, during the course of cataloguing, to determine whether photographs are still protected by copyright, whether use is licensed, or whether fair use applies

• The standard excludes sophisticated “pirate directories” that refer users to sites that are obviously infringing

4.3 No Duty to Monitor: Directory providers have no obligation to seek out copyright infringement. However, they may not turn a blind eye to “red flags” of obvious infringement.

5. International Copyright Laws #

5.1 India: Under the Copyright Act, 1957, we respect the rights of copyright holders and respond to valid notices.

5.2 UK/EU: We comply with the Copyright, Designs and Patents Act 1988 (UK) and the EU Copyright Directive.

5.3 Other Jurisdictions: We will respond to valid copyright notices under applicable local laws.

6. Trademark Policy #

6.1 Trademark Infringement: You may not use another party’s trademarks in a way that is likely to cause confusion about the source of goods or services.

6.2 Nominative Use: You may use another’s trademark to refer to their products or services in a truthful, non-confusing manner (e.g., “We specialize in servicing Honda cars”).

6.3 Reporting Trademark Infringement: To report trademark infringement, contact:

• Email: trademark@mymahotsav.com

• Provide details of the trademark, its registration (if any), and the infringing use

6.4 Our Response: We will investigate trademark complaints and may remove listings that clearly infringe valid trademark rights.

7. Right of Publicity/Personality Rights #

7.1 Individual Likeness: You may not use another person’s name, image, or likeness in a commercial manner without their consent.

7.2 Reporting: If you believe your personality rights have been violated, please contact privacy@mymahotsav.com.

8. Enforcement and Penalties #

8.1 Consequences of Infringement: Violating intellectual property rights may result in:

8.2 Withholding of Funds: In serious cases involving counterfeit or repeated infringement, we may temporarily or permanently withhold any balance associated with your account.

8.3 Legal Action: We reserve the right to commence legal action against users who infringe intellectual property rights and to provide information to regulatory authorities.

Part C: Jurisdiction-Specific Addendums #

India Addendum #

Copyright Act, 1957: Section 52 provides certain fair use exceptions. Our directory listings may qualify for protection as “collections” under Indian copyright law.

Information Technology Act, 2000: Intermediary liability protections apply when we follow due diligence requirements.

UK/EU Addendum #

Copyright, Designs and Patents Act 1988: Fair dealing provisions for research, private study, criticism, and news reporting.

Digital Services Act: Enhanced transparency requirements for content moderation, including copyright removals.

US Addendum #

DMCA Safe Harbors: We rely on Section 512(c) (storage) and 512(d) (information location tools) for protection.

Fair Use: 17 U.S.C. §107 permits certain unauthorized uses; we consider fair use in evaluating complaints.