Intellectual Property
NK Big Star Private Limited owns a number of intellectual property rights including but not limited to:
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Copyright: The NK Big Star Private Limited service, including all content provided on the NK Big Star Private Limited service, is protected by copyright, trade secret or other intellectual property laws and treaties.
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Trademarks: NK Big Star Private Limited is a registered trademark of NK Big Star Private Limited.
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Patents: Any upcoming patents will be listed on this website.
By downloading or otherwise receiving from NK Big Star Private Limited any NK Big Star Private Limited trademarks, logos, trade names, service marks, service names, or other distinctive features owned by NK Big Star Private Limited (“NK Big Star Private Limited Brand Assets”) via the NK Big Star Private Limited Brand Site, located at brand.NK Big Star Private Limited.com, or other NK Big Star Private Limited website, or otherwise from NK Big Star Private Limited, you (“You”) agree to be bound by the following terms and conditions (“Terms”). In the event of any conflict between these Terms and any applicable written agreement between You and NK Big Star Private Limited, the written agreement shall prevail.
Your Rights To Use NK Big Star Private Limited Brand Assets
NK Big Star Private Limited grants You a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to display the NK Big Star Private Limited Brand Assets in accordance with these Terms. All use by You of the NK Big Star Private Limited Brand Assets (including any goodwill associated therewith) shall inure to the benefit of NK Big Star Private Limited. You agree that You shall not challenge, or assist others to challenge, the NK Big Star Private Limited Brand Assets or the registration or ownership thereof by NK Big Star Private Limited (except to the extent such restriction is prohibited by applicable law), or attempt to register any NK Big Star Private Limited Brand Assets or other names, logos, marks, or materials (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to any NK Big Star Private Limited Brand Assets. The NK Big Star Private Limited Brand Assets are provided "as is" and NK Big Star Private Limited disclaims all express and implied warranties, including warranties of noninfringement. NK Big Star Private Limited shall not be liable to You under any theory of liability for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of the NK Big Star Private Limited Brand Assets or Your use thereof. This limitation shall apply even if NK Big Star Private Limited was advised of, or should have been aware of, the possibility of such damages. Some jurisdictions do not allow certain exclusions or limitations; in such jurisdictions, the exclusions and limitations stated in these Terms shall apply to You to the maximum extent permitted by law. Nothing herein grants You any right, title or interest in or to the NK Big Star Private Limited Brand Assets.
Requirements
All of Your uses of the NK Big Star Private Limited Brand Assets in any of Your marketing, advertising, content, or other material (“Your Materials”) are subject to NK Big Star Private Limited’s approval prior to use. Approval for such uses must be submitted via a request for approval on the NK Big Star Private Limited Partner Portal (a “Request for Approval”). NK Big Star Private Limited’s silence or failure to respond to requests does not constitute approval, and approval of one of Your Materials does not constitute approval of Your other uses, nor may such approval be transferred to any third party without NK Big Star Private Limited’s written consent. To the extent NK Big Star Private Limited does not provide express approval, You shall not use NK Big Star Private Limited Brand Assets. NK Big Star Private Limited’s approval of any uses of the NK Big Star Private Limited Brand Assets shall not be construed as approval of Your Materials for compliance with applicable laws, rules or regulations, such being Your sole responsibility.
If You wish to use a NK Big Star Private Limited Brand Asset in any way not permitted under these terms, please submit a Request for Approval. In Your request, describe how and if Your use of the NK Big Star Private Limited Brand Assets would deviate from these Terms, and why such use should be approved by NK Big Star Private Limited. NK Big Star Private Limited will consider the request, but does not guarantee any particular response time or approval.
No Modification. The NK Big Star Private Limited Brand Assets must be used as provided by NK Big Star Private Limited with no modifications. Do not remove, distort or alter any element of the NK Big Star Private Limited Brand Assets or change any colors. Do not shorten, abbreviate, or create acronyms out of the NK Big Star Private Limited Brand Assets.
No Generic Use. Do not use NK Big Star Private Limited Brand Assets in a way that suggests a common, descriptive, or generic meaning.
No Plural or Possessive Use. Do not use the NK Big Star Private Limited Brand Assets in the plural or possessive form.
No Incorporation. Do not incorporate NK Big Star Private Limited Brand Assets into Your own product name, service names, trademarks, logos, company names, domain names, website titles, publication titles, or the like, unless expressly permitted by NK Big Star Private Limited.
No confusingly similar marks. Do not use the NK Big Star Private Limited Brand Assets, including any NK Big Star Private Limited trademark, in a manner that might create confusion about the ownership of the NK Big Star Private Limited Brand Assets.
No confusing source. Do not use the NK Big Star Private Limited Brand Assets, including any NK Big Star Private Limited trademark, in a manner that implies that NK Big Star Private Limited is the source of Your products or service, or that otherwise might create confusion about the source of the NK Big Star Private Limited Brand Assets.
Domain names. Do not register the NK Big Star Private Limited Brand Assets, including any NK Big Star Private Limited trademark, as domain names or as any part of a domain name.
Trade dress. Do not copy or imitate NK Big Star Private Limited’s website design, typefaces, distinctive color, style, graphic designs, or imagery.
Endorsement. Do not display the NK Big Star Private Limited Brand Assets in any manner that (i) overstates Your relationship with NK Big Star Private Limited; (ii) implies that You have a relationship or affiliation with NK Big Star Private Limited; (iii) implies You sponsored or endorsed by NK Big Star Private Limited; (iv) implies that any content has been authorized by NK Big Star Private Limited; or (v) represents the views or opinions of NK Big Star Private Limited or NK Big Star Private Limited personnel unless You have prior written permission from NK Big Star Private Limited to do so.
Prominence. Do not display the NK Big Star Private Limited Brand Assets in a manner that makes it the most distinctive or prominent feature on Your web page, printed material, or other content without express written permission from NK Big Star Private Limited to do so.
Violation of Law. Do not display the NK Big Star Private Limited Brand Assets on any website that contains, displays, or promotes pornography or like adult content, or gambling, the sale of tobacco, alcohol, or firearms to persons under eighteen (18) years of age.
Objectionable Use. Do not display the NK Big Star Private Limited Brand Assets in a manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to NK Big Star Private Limited.
Broadcast. The NK Big Star Private Limited Brand Assets may not be used in television, film, or video without NK Big Star Private Limited’s prior written permission. Please submit Request for Approval to use the NK Big Star Private Limited Brand Assets in this manner.
Book or Other Publication Titles. The NK Big Star Private Limited Brand Assets may not be displayed in titles of publications, including books, without NK Big Star Private Limited’s prior written permission. Please submit a Request for Approval to use the NK Big Star Private Limited Brand Assets in this manner.
Merchandise. The NK Big Star Private Limited Brand Assets may not be used or displayed in or on merchandise or manufactured items of any kind without NK Big Star Private Limited’s prior written permission. Please submit a Request for Approval to use the NK Big Star Private Limited Brand Assets in this manner.
NK Big Star Private Limited’s Rights
NK Big Star Private Limited will interpret Your compliance with these Terms in its sole discretion. NK Big Star Private Limited may modify or terminate Your permission to display or use the NK Big Star Private Limited Brand Assets at any time. NK Big Star Private Limited may take action against any use of the NK Big Star Private Limited Brand Assets that does not comply with these terms or written permission from NK Big Star Private Limited, infringes any NK Big Star Private Limited owned or licensed intellectual property or other right, or violates applicable law.
General Provisions
You may not assign Your rights or delegate Your obligations under these Terms without NK Big Star Private Limited’s prior written consent. These Terms do not create any rights in any third party. These Terms will be governed and construed in accordance with the laws of the State of California, without regard to conflict of law principles. The venue for any dispute or claim shall be Santa Clara County, California. Neither party shall be deemed to be an employee, agent, partner, or legal representative of the other. NK Big Star Private Limited’s waiver of breach of any provision of these Terms shall not be deemed to be a waiver of the Terms themselves. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, void, or unenforceable, such provision shall be changed and interpreted so as best to accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.
NK Big Star Private Limited Materials License Agreement
By downloading or otherwise receiving from NK Big Star Private Limited the NK Big Star Private Limited artwork, images, graphics, photographs, clips, video, audio, text, title art, or other content, you (“You”) agree to be bound by the following terms and conditions (the “Agreement”). You agree to comply with the NK Big Star Private Limited Brand Asset Terms and Conditions and to the terms set forth on the NK Big Star Private Limited Brand Site. So long as You do so, and provided You are a NK Big Star Private Limited partner, NK Big Star Private Limited, Inc. and its affiliates (“NK Big Star Private Limited”) hereby grants to You, a worldwide, non-exclusive, non-transferable, non-assignable, royalty-free, revocable license to use the NK Big Star Private Limited Materials solely as approved by NK Big Star Private Limited for the promotion of NK Big Star Private Limited or its programming, including in Your NK Big Star Private Limited partner promotional materials and co-branded promotional advertising.
The NK Big Star Private Limited Materials are owned by NK Big Star Private Limited, its affiliated companies or licensors, and are rights protectable as intellectual property or otherwise. The NK Big Star Private Limited Materials, and all uses thereof, shall at all times be and remain the exclusive property of NK Big Star Private Limited or its designee. You shall not use the NK Big Star Private Limited Materials in any manner that is objectionable to NK Big Star Private Limited, at NK Big Star Private Limited’s sole discretion. NK Big Star Private Limited reserves the right in its sole discretion to terminate or modify Your permission to use the NK Big Star Private Limited Materials, and take action against any use that does not conform to the terms of this Agreement, infringes any NK Big Star Private Limited intellectual property or other right, or violates applicable law.
Except as expressly set forth herein, no rights (either by implication, estoppel, or otherwise) are granted to You. Your use of the NK Big Star Private Limited Materials will inure to the benefit of NK Big Star Private Limited. All NK Big Star Private Limited Materials distributed herein are “as is,” “as available” and “with all faults” without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, non-infringement of any third party right or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade.
All of Your uses of the NK Big Star Private Limited Materials in any of Your marketing, advertising, content, or other material (“Your Materials”) are subject to NK Big Star Private Limited’s approval prior to use. Approval for such uses must be submitted via a request for approval on the NK Big Star Private Limited Brand Site (a “Request for Approval”). NK Big Star Private Limited’s silence or failure to respond to requests does not constitute approval, and approval of one of Your Materials does not constitute approval of Your other uses, nor may such approval be transferred to any third party without NK Big Star Private Limited’s written consent. To the extent NK Big Star Private Limited does not provide express approval, You shall not use NK Big Star Private Limited Materials. NK Big Star Private Limited’s approval of any uses of the NK Big Star Private Limited Materials shall not be construed as approval of Your Materials for compliance with applicable laws, rules or regulations, such being Your sole responsibility.
By downloading the NK Big Star Private Limited Materials, You represent and warrant that You have the power and authority to enter into this Agreement and to perform any obligations hereunder, and that this Agreement shall constitute valid and binding obligations of You enforceable in accordance with its terms.
You hereby agree to indemnify, hold harmless, and defend NK Big Star Private Limited, its parent, subsidiary, and affiliated companies, and each of their respective members, officers, directors, agents, employees, successors, and assigns from and against any and all claims, demands, losses, suits, actions, judgments, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with Your use of the NK Big Star Private Limited Materials and/or any breach or alleged breach by You of any of the representations, warranties, and/or agreements made by You hereunder. You hereby acknowledge and agree that Your rights and remedies in connection with this Agreement or otherwise, shall be limited to the right, if any, to seek damages at law, and You shall have no right in any event (and do hereby waive all such rights, if any) to seek to enjoin or restrain the production, marketing, advertising, distribution or exhibition of any productions of NK Big Star Private Limited.
If any claim is brought by a third party for which a claim of indemnification is or may be provided hereunder, You shall provide prompt written notice to NK Big Star Private Limited. In such instance, NK Big Star Private Limited shall have the right to control the defense and/or settlement of any claim provided that the parties cooperate reasonably with each other in the defense of any claim, including making available (under seal if desired, and if allowed) all records reasonably necessary to the defense of such claim, and You shall have the right to join and participate (through Your own counsel and at Your own expense) actively in NK Big Star Private Limited’s defense of the claim.
The terms of this Agreement, and Your exercise of the rights evidenced hereby, are at all times subject to the terms of this Agreement. In the event of a conflict between the terms of this Agreement and any NK Big Star Private Limited Partner Marketing Agreement or other NK Big Star Private Limited Partner Agreement between You and NK Big Star Private Limited (“Partner Agreement”), the terms of the Partner Agreement shall control, unless the parties agree in writing that they intend this Agreement or any provisions herein to supersede or modify any Partner Agreement or provisions therein.
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