NCT Corporation (“NCT”) respects copyright, the creation and other intellectual property rights of any party and request Our service Users of website https://www.nct.vn, https://www.nhaccuatui.com and/ or NCT application (“NCT platform”) to do the same.
EXPLANATION OF TERMS
User: mean the individual, organization who accesses NCT, regardless NCT ID.
Service means all services, products provided on NCT.
1. NCT’S INTELLECTUAL PROPERTY RIGHT
The intellectual property right of NCT platform and all content provided, integrated on NCT platform, including but not limited to software, pictures, documents, charts, illustrations, characters, patents, trademarks, services, copyrights, images, sound (“NCT content”) belongs to NCT and/ or NCT's licensors. The use of NCT content for any purpose without permission as clearly stated in this policy is strictly prohibited. It is not allowed for The User to download (except for the allowed cases on NCT platform), reproduce, copy, distribute, transmit, broadcast, display, sell, license to use or otherwise exploit for any purpose without the prior written consent of NCT and/ or NCT's licensors. We and our licensors reserve all rights not expressly granted in connection with the NCT Content.
The User is granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, within Vietnam territory license to access and use any service provided on NCT platform, including downloading to authorized devices, and to access to NCT content solely for personal, non-commercial purpose through using The service, subject to the compliance with NCT rules and policies which are published on NCT Platform. The User acknowledges and agrees that NCT is entitled to terminate this license at any time for any reason or no reason, without any prior notice or other obligation.
The use of The service on NCT platform will not constitute any express or implied license from NCT to any third party for NCT content, under any circumstances. For downloadable content, The User is solely allowed to store on The User’s devices for personal entertainment, non-commercial and that content still belongs to the ownership of NCT and/ or NCT’s Licensors without any license constituted.
NO LICENSE OR RIGHT RELATING TO SOUND RECORDINGS, VIDEO RECORDINGS, OR MUSIC WORKS WHICH THE USER CAN ACCESS VIA THE SERVICE IS GRANTED, UNDER ANY CIRCUMSTANCES.
2. THE INTELLECTUAL PROPERTY RIGHT OF THE USER
NCT platform is created with the purpose of social network allowed the User to share content, information relating to entertainment, music, for creating the healthy entertainment environment, complying with the law. Accordingly, basing on the integrated functions on NCT platform, The User can upload, provide, share (“share”) on NCT platform content as the form of including but not limited to text, sound, images, writing, characters, sound recordings, video recordings (“The User’s content”). Sharing The User’s content through The Service constitutes the agreement and declaration that the User owns the shared User content and/ or The User obtained all necessary licenses, approvals from or was authorized by the right holders/ the owner of all parts in The User’s content, to share and transmit that content from NCT platform to third party’s platform. In any case, the User is obliged to take any liability with authority agencies, any third party relating to the sharing and undertake to release NCT from all obligations related to infringements of intellectual property rights with respect to Shared Content of the User.
Please carefully read and understand the following rules before sharing or uploading any content on the NCT Platform:
· If the User own or is licensed related rights of sound/ video recordings without the ownership or license relating to the copyright of music work in sound/ video recordings (including but not limited to reproduction right, communication right), the User is not allowed to share those sound/ video recordings on NCT platform, except for the case that The User obtains all necessary statutory rights, necessary approvals from right holders or is authorized by the right holders of all parts of sound/ video recordings to share it on The service.
· The User and/ or the owner of The User content still maintain the ownership of the shared User Content on NCT platform. By the way of sharing The User’s content through The service, The User acknowledge and agree to grant NCT a non-exclusive, unconditional, irrevocable, free of charge, transferable, perpetual, worldwide license for use, modification, reproduction, creation of derivative work, publication, transmission, distribution, and granting a sub-license for other Users and other third parties to view, access, use, download, modify, reproduce, create derivative works, publish and communicate the User Content in any form and on any platform, whether known now or later invented. To clarify, the above license including but not limited to reproduction right, performance right in front of audience and communication right of those recordings and music works in those recordings and free of royalty charge. By that way, the User is granting NCT the right to use The User content without any obligation to pay royalty for any third party, including but not limited to the owner of recordings, the owner of music work, collective management organizations of performers or any third party who is entitled to claim for royalty of the User content. The User herein is obliged to inform about the mentioned license to any third party under any obligation as stated in separated agreement or under their statutory obligation regulated by laws in order to ensure the validity of the license specified in this section. In any circumstance, NCT is not obliged to provide evidence to prove or to explain the granted license for any third party. NCT shall receive the claim and request The User who shared the alleged User content to resolve the claim. Accordingly, that User is responsible for providing evidence to prove their rights, resolve the claim and take liability with the state and any third party in connection with the shared User content as well as the license granted as stated in this part.
· The User also agrees to grant NCT a license, free of charge, unconditional to use the User’s name, image, voice and avatar to recognize the User as the source of their User Content.
· NCT is entitled to provide personal information of The User for any third party who through NCT platform, claims for the infringement of the shared User Content to their intellectual property right or privacy.
· NCT reserves the rights to cut, alter, modify or reject publication of the User Content, at NCT's sole discretion, subject to NCT’s policy and the compliance of Vietnam laws. NCT reserves the right to remove, take down, block or delete any Content that the User post, share on the service, if, at NCT's sole discretion, that posting, sharing does not comply with the content standards set forth above and/or NCT's policies and/or applicable laws or that posting, sharing occurs claims from other User or third party, regardless of the notice from NCT and NCT shall not have any liability to The User in connection with the application of mentioned measures.
· We recommend that the User should make a copy of The User content shared on NCT platform on The User’s personal devices to ensure that the User shall have the perpetual right to access to that copies.
3. THE CLAIM RELATING TO INTELLECTUAL PROPERTY RIGHT
NCT does not warrant the accuracy, truthfulness, suitability or quality of any User Content, and under no circumstances shall we be liable for any User Content.
NCT DOES NOT DECLARE, WARRANTY, COMMIT EXPRESSLY OR IMPLIED ABOUT THE LEGALITY AND COMPLIANCE REGARDING INTELLECTUAL PROPERTY RIGHT FOR THE CONTENT ON NCT PLATFORM. IN CASE OF THE INTELLECTUAL PROPERTY CLAIM, NCT SHALL MAKE OUR BEST EFFORT TO COOPERATE AND PROVIDE ALL NECESSARY INFORMATION WITHIN OUR CAPABILITIES, APPLY ANY MEASURE THAT CAN BE ACCESSIBLE TO REDUCES DAMAGE FOR ALL PARTIES.
Although NCT try our best to apply filter tools, require the commitment from The User, the compliance with intellectual property right on NCT platform sometimes cannot be good as our expectation, and we are very sorry about that. In case you think that your intellectual property right is infringed due to the appearance of any content on NCT platform, please fulfill the web form here to send us a Notice of intellectual property right infringement or send us the Notice of intellectual property right infringement to allow us to identify the case, at the following address:
Legal Department – NCT Corporation
19th floor, No 67 Hoang Van Thai Street, Tan My Ward, Ho chi Minh City.
Phone number: 028-3-8687979
Email: report.copyright@nct.vn
To ensure that the claim of intellectual property right can be handled quickly and effectively, we recommend you to send us the the Notice of intellectual property right infringement, including below information, where possible:
· The Notice of intellectual property right infringement with personal information of the claimer (including contact information such as Name, phone number, email address, physical address, , ID Card, Citizen ID Card, or passport number in case of individuals; enterprise registration, establishment decision, or establishment license number in case of organizations where possible) signed by the claimer together with the description of infringed rights.
· Evidences to prove that you are the right holder.
· The URL link of infringed content.
Power of attorney as per the law if the requesting party or the requested party is the authorized party.
Within 05 working days from the receiving date of the claim, we shall feedback via contact information provided by The claimer about the result of handling the claim or request to provide us additional information (if necessary).
