Collection & Display
When Content (as defined below) is uploaded onto the App and/or the Site (hereinafter collectively referred to as “Platform”), it undergoes a thorough screening by Us (“Screening”) wherein the Content is reviewed, examined and filtered based on certain technical and legal parameters including but not limited to examining whether the Content is original and does not infringe upon any intellectual property right of any third party including trademark, copyright or other proprietary rights. For the purpose of this Policy, “Content” includes the text, software, scripts, graphics, photos, sound recordings, audio, music compositions, videos, audio-visuals, interactive features and other materials You may view on, access through, or contribute to the Service. The “Service” includes all aspects of the App and/or Site, such as the Kuku FM channels and other applications.
When large files of Content are uploaded on the Platform, they are broken up into batches of smaller files and then uploaded by Us in order to ensure that the Content is thoroughly Screened before being uploaded on the Platform and to minimise the possibility of piracy.
After the Screening, the Content which clears the Screening (“Undisputed Content”) is segregated from the Content which does not clear the Screening (“Unapproved Content”) and the Content which has not been Screened yet (“Unreviewed Content”). The Unapproved Content becomes inaccessible on the Platform.
Only Undisputed Content shall be displayed in the search results on the Platform when a search input for Content is provided by You.
Action taken for infringement
We will act in accordance with all applicable laws when We are made aware of any infringing activity on the Platform broadly laid down as below:
We will work towards resolving all copyright complaints (“Complaint”) which we receive against Content copied on the Platform/an external medium and/or it is originally published on an external medium and subsequently copied on the Platform of an Original Owner of the Content.
The Complaint must be supported by clear and substantial proof of the copyright ownership and the specific instance of copyright infringement so as to enable Us to take the Complaint on record. In case of any shortcomings, We reserve the right to refuse to take any action in respect to the Complaint and/or seek additional documentation, at Our own discretion.
We do not provide legal advice to the complainant if they decide to initiate legal proceedings against the defaulter. The complainant must seek independent legal advice under such circumstances.
Categorization of infringement
I. Copying Content and publishing it on the Platform Where a Complaint is received by Us, reporting that certain Content is infringing (“Disputed Content”) an original Content (“Original Content”) published on the Platform the following process may be followed:
If the owner/authorized agent of the Original Content (“Original Owner”) reports copyright infringement with respect to a Disputed Content, the Disputed Content shall be removed within 36 (thirty-six) hours from receipt of proof of copyright infringement of the Disputed Content.
We shall send a notice to the owner/authorized agent of the Disputed Content (“Disputed Owner”) with information regarding the Complaint received.
If it is proven that the Content in the Complaint is Disputed Content, then We may, at Our sole discretion, take one or more of the following actions:
Permanently removing the Disputed Content.
Move the published works to draft status where the Disputed Owner may not re-publish the same without Our permission.
Permanently delete the Disputed Content from the Disputed Owner’s profile where they may not re-publish the same thereafter.
If the Disputed Owner has been found to have published Disputed Content 3 (three) or more times, then We can, at our discretion and liberty, choose to:
i Deactivate the User profile; and/or
ii Block the User profile
If the Disputed Owner denies copying the Original Content, then the Disputed Owner will be given an opportunity to convince the Original Owner that he has not infringed the copyright of the Original Owner’s Content.
If the Disputed Owner refuses to do so, the Original Owner will have the option to initiate legal action against the Disputed Owner or they may waive their objection and allow the Disputed Content to be published.
We will block access to the Disputed Content for a period of twenty-one (21) days. The order of the competent court having jurisdiction must be submitted to Us within a period of twenty-one (21) days from the date of submitting the report of infringement. If no such order is submitted, then We will unblock the access to the Disputed Content. In such an event, the Original Owner can file another Complaint, which will undergo the same process as mentioned above.
Our internal detection system for copied material detects Disputed Content and the Content is found to be Disputed Content, then We may, at our sole discretion, forthwith remove such Content.
II. Copying External Content and publishing it on the Platform Where a Complaint is received by Us, reporting that certain Content is infringing certain content published on an external platform (“External Content”) the following process may be followed:
When the owner/authorized agent of the External Content reports copyright infringement of their works with respect to Content on the Platform and We are satisfied that the report is factual, then We will block access to the Disputed Content for twenty-one (21) days. The order of the competent court having jurisdiction must be submitted to Us within a period of twenty-one (21) days from the date of submitting the report of infringement. If no such order is submitted, then We will unblock the access to the Disputed Content. In such an event, the owner/authorized agent of the External Content can file another Complaint, which will undergo the same process as mentioned above.
II. Copying Content and publishing it on an external platform If We are made aware, either by a third party or through Our detection system of any specific instances wherein Original Content published on the Platform is copied and made available on an external medium by any party, then the following process may be followed:
Our detection mechanism will, to the extent practically possible, monitor such infringement and will have the Original Content removed from the external medium as per the process enabled by such external medium.
When we are made aware that Original Content published on the Platform is being downloaded and saved onto files and/or a third party is stream ripping the Original Content and publishing it on an external platform, then We shall report the same and shall ask for the external platform/website to be removed.
If the external platform fails to take action and/or fails to remove such infringing content from the external platform, then We may, at our discretion and not being obligated to, initiate legal proceedings against the external platform.
Procedure to file a Complaint
I. Copyright Infringement Notification (DMCA Notice) If you believe that your copyright-protected work was posted on Kuku FM’s Site or App, without authorization, you may submit a copyright infringement notification to our grievance officer. The notification must include the following:
An email address, physical address or phone number so that We and the uploader of the allegedly Disputed Content can contact You.
A clear and complete description of your work that You believe has been infringed along with documentary evidence of Your ownership of the work.
The URL or other identifying location of the Disputed Content as well as details of the person (if known) who is responsible for uploading the allegedly infringing work.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its authorized agent, or law.
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner along with details establishing that you or the person on whose behalf the notification is being made is the bona fide owner of the copyright in the work which has been allegedly infringed.
Undertaking that You or the person on whose behalf the notification is being made, shall file an infringement suit in the competent court against the person responsible for uploading the Disputed Content and produce the orders of the competent court having jurisdiction, within a period of 21 (twenty-one) days from the receipt of this notification.
The physical or electronic signature of the copyright owner or an authorized agent of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification
Submit the above information to our grievance officer:
By Mail: Mebigo Labs Private Limited (KukuFM), 91springboard, Godrej & Boyce, Gate No 2, Plant No. 6, LBS Marg, Opposite Vikhroli Bus Depot, Vikhroli West, Mumbai, Maharashtra 400079 India
All information submitted in your copyright infringement notification may be made public in any way by Kuku FM or a third party.
II. Copyright Infringement Counter-Notification If you receive a copyright infringement notification that You believe to be in error, You may provide us with a counter-notification. It must include the following:
Your contact information, including your full legal name (not that of a company), an email address, a physical address, and a phone number. If You are an authorized agent of the uploader, such as an attorney, please be sure to specify Your relationship to the uploader.
Identify the location, including any URL, of the work that has been removed or disabled.
And the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
The physical or electronic signature of the copyright owner or an authorized agent of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your electronic counter-notification.
By Mail: Mebigo Labs Private Limited (KukuFM), 91springboard, Godrej & Boyce, Gate No 2, Plant No. 6, LBS Marg, Opposite Vikhroli Bus Depot, Vikhroli West, Mumbai, Maharashtra 400079 – India
The counter-notification process may take up to 10 (ten) business days to complete, so please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down. Please note that We will forward the entire counter notice to the copyright claimant, including any personal information You provide, and the counter notice may be made public. The claimant may use this information to file a lawsuit against You.
You understand and agree that if You fail to produce an order of the competent court having jurisdiction restraining facilitation of access to the allegedly infringing work within the stipulated period of 21 (twenty-one) days, Kuku FM may choose, at its sole discretion to reinstate access to such content till such order of a competent court having jurisdiction is received. The decision to unblock any material is at Kuku FM’s sole discretion.
Account Termination Policy
Kuku FM may choose to terminate a User's access to the Service if, under appropriate circumstances, the User is determined to be a repeat infringer.
Kuku FM reserves the right to decide whether Content violates this Piracy Policy for reasons including but not limited to copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Kuku FM may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of this Piracy Policy.
This policy may be updated and amended, by the Company, at any time, in its sole discretion and if required under applicable law.