Legal And IP Notice
(also referred to as “Notice” and/or “Informative”)
this Informative is a specific addendum, as required by law, of the Terms and Conditions of the site. For this purpose, it is an integral and essential part.
RANK FORTRESS WEB DESIGN AGENCY (will also be referred to as “Provider” and/or “SHB”)
the User (will also be referred to as the “Recipient”).
and the Parties agree as follows;
WHEREAS this Informative shall govern all relations concerning Copyright, Intellectual Property Violation and Claims between the Provider and the Recipient that is made any time based on the use of the Rank Fortress Software.
– “Claim” means any claim, allegation, suit, complaint, action or legal proceeding.
– “Material” or “Information” means any and all data, characters, images, ideas, plots, videos, results, analysis, comparisons, improvements, processes, methods, protocols, formulas, inventions, know-how, trade secrets and any other information, patentable or otherwise, which may include (but is not limited to) any artistic, scientific, marketing, financial and commercial information, idea or data.
Art. 1 Express Acceptance
01. If the Recipient disagrees totally or partially with the content of this document, he/she shall promptly notify the other part, and shall not use or share any of the material purchased or obtained through RANK FORTRESS .
02. This Informative shall obligate Parties and their partners, associates, employers, employees, affiliates, subsidiaries, parent companies, any nominees, representatives, successors, clients and assigns hereinafter referred to as “The Parties” jointly severally, mutually and reciprocally for the conditions expressly state below, and that this Informative may be referenced from time to time in any document(s), or written agreements, the conditions of this Notice shall apply to any exchange of information written or oral.
Art. 2 Intellectual Property Ownership
01. The Provider has full ownership of any Materials or ideas shared, sold or produced.
02. The violation of any of the clauses expressly provided in this Notice, or the Terms and Conditions of the Rank Fortress Software, about Materials of the Provider property, is a blatant violation of this Notice.
03. All Product-related intellectual property solely developed by the Provider either before the acceptance of this Notice or at any time after the acceptance, shall be owned exclusively by him. All Project-related intellectual property invented, created, conceived or developed, as a direct result of the development of any Provider’s materials or ideas, without a specific contract that transfer the ownership, shall be owned exclusively by the Provider.
If the sole inventor of the Intellectual Property is any Provider affiliates, it shall be considered Provider Intellectual Property and shall be subject to the licensing terms set forth herein.
04. This Notice, as well the Terms and Conditions and any other document on the Site are part of the Provider’s IP.
05. If the Provider determines that any material under its IP is being infringed by the User’s activities and that such infringement could affect him under this Informative, the Terms and Conditions, or any other agreement or law, it will promptly notify the User in writing.
Also, if the Provider determines that any Licensed know-how or idea is being misappropriated by the User’s activities and that such misappropriation could affect them this Informative, the Terms and Conditions, or any other agreement or law, it will promptly notify the User in writing.
06. The User acknowledges that in the event of a breach or threatened breach of any provisions about the Provider’s IP, inside any Notice or Terms, the harm suffered by the Provider would not be compensable by monetary damages alone and, accordingly, the Provider shall, in addition to other available legal or equitable remedies, be entitled to injunctive relief against such breach or threatened breach. All expenses costs, fees, damages, losses, and royalties or other amounts paid in settlement incurred in connection with an Infringement Allegation shall in no way be the burden and/or responsibility of the Provider but shall be the sole burden and/or responsibility of the User.
07. The Provider respects the intellectual property rights of others. Per the DMCA, the Provider will respond expeditiously to claims of copyright infringement on the Site. Upon receipt of a notice alleging copyright infringement, the Provider will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.
If you believe that your intellectual property rights have been violated by the Provider or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
A description of the copyrighted work or other intellectual property that you claim has been infringed:
• A description of where the material that you claim is infringing is located on the Site;
• An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not the Provider, can contact you;
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
• Your electronic or physical signature.
SHB may request additional information before removing any allegedly infringing material.
Pursuant to 17 U.S.C. 512(c). The Copyright Agent is:
RANK FORTRESS WEB DESIGN AGENCY
Purok 1 Tuluwas
Pagadian City Zamboanga Philippines 7016
Art. 3 Provider Confidential information
01. All the Materials disclose by the Provider to the Recipient is highly sensitive, proprietary and confidential for the Provider (the “Provider Confidential Information”) including, without limitation, the following: characters, ideas, client identities, documents, audio/video records, databases, intellectual property of the Provider or its associates, client lists, business forecasts, pricing and marketing data, correspondence with respect to the Provider Confidential Information and procedural requirements of the Provider relating to the foregoing.
02. The Recipient shall only use the Provider Confidential Information for his personal use according to the Terms and Conditions agreed in connection with this Informative.
Art. 4 Non-Disclosure
01. The Recipient shall not communicate the Provider Confidential Information to any third party and shall use its best efforts to prevent disclosure of the Provider Confidential Information to any third party.
02. The Recipient shall take all reasonable steps to ensure the security of the Recipient’s physical and digital files and to secure all electronic devices against access by third parties to avoid inadvertent disclosure of the Provider Confidential Information.
Recipient shall not use any materials object of this Agreement for their benefit, outside the scope of the service, without the written permission of the Provider.
Art. 5 Termination
01. ln the event of any material breach by the Recipient of the Recipient’s confidentiality and non-disclosure obligations under this Informative, the Provider reserves the right to terminate any contractual relationship with the Recipient immediately and for cause, beyond the right to take legal actions.
Art. 6 Infringement Notice
01. Each party shall promptly notify the other party upon learning of any Infringement Allegation or Licensed Patent Dispute.
If the Provider determines that any material under is IP is being infringed by the Recipient’s activities and that such infringement could affect the company under this Notice, or any other agreement or Terms and Conditions between the Parties, it will promptly notify the Recipient in writing.
02. In addition, if the Provider determines that any Licensed know-how or idea is being misappropriated by the Recipient’s activities and that such misappropriation could affect the company under this Notice, or any other agreement or Terms and Conditions between the Parties, it will promptly notify the Recipient in writing.
03.Except in the case of notices and other communications expressly permitted to be given by telephone, all notices and other communications provided for herein shall be delivered by email.
Art. 7 Indemnity
01. The Recipient shall indemnify and hold the Provider harmless in respect of any damages incurred by the Provider as a result of any breach of this, or other agreements, by the Recipient.
02. The Recipient acknowledges that in the event of a breach or threatened breach of any provisions about the Provider’s IP, inside any Agreement between the Parties, the harm suffered by the Provider would not be compensable by monetary damages alone and, accordingly, the Provider shall, in addition to other available legal or equitable remedies, be entitled to injunctive relief against such breach or threatened breach.
03. In the event that the Recipient, becomes aware of any infringement, a notice of an Infringement Allegation shall promptly be given to him.
All expenses costs, fees, damages, losses, and royalties or other amounts paid in settlement incurred in connection with an Infringement Allegation shall in no way be the burden and/or responsibility of the Provider but shall be the sole burden and/or responsibility of the Recipient.
Art. 8 Governing Law, Terms and General clauses
01. This Agreement shall be construed and governed in accordance with the laws of Philippines.
02. This Informative shall be valid for ten (10) years commencing from the date when the User accepts the Rank Fortress’s Terms and Conditions.