8. Intellectual Property and Use of Materials
8.1 Orlit Intellectual Property
We are the owner of all intellectual property rights on our website and in the materials published on it. This includes, but is not limited to, all trademarks, logos, business names, trading names, database rights, copyright, design rights and any other intellectual property rights.
You agree and acknowledge that you may not use any trademarks, logos, or service marks of Orlit, whether registered or unregistered, including but not limited to the word mark ORLIT, the shopping cart design mark (“Orlit Trademarks”) unless you are authorized to do so by Orlit in writing. You agree not to use or adopt any marks that may be considered confusing with the Orlit Trademarks. You agree that any variations or misspellings of the Orlit Trademarks would be considered confusing with the Orlit Trademarks.
You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Orlit or Orlit Trademarks or that use or include any terms that may be confusing with the Orlit Trademarks.
You acknowledge and agree that the Terms of Service do not give you any right to implement Orlit patents.
You acknowledge and agree that Orlit reserves the right to display a branding on your storefront within the first three months of launch. This branding displays on the footer of your storefront as Orlit logo with the text "Powered by Orlit" next to it and it links to https://orlit.net
8.2 Privacy and Data Protection
8.3 Copyright Infringement and Takedown Procedure
Orlit mandates the support and protection of intellectual property and asks her merchants to do the same. It’s our policy to frown at any notices of alleged copyright infringement. If anyone sees that one of our merchants is infringing their intellectual property rights, they can send a copyright infringement notice to Orlit’s support desk. Upon receiving this notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification if they object to the complaint. The main complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.
8.4. Your Materials
We do not lay claim to ownership of the Materials you provide to Orlit; however, we do require a license to those Materials. You grant Orlit a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favour of Orlit and agree that this waiver may be invoked by anyone who obtains rights in the materials through Orlit, including anyone to whom Orlit may transfer or grant (including by way of license or sublicense) any rights in the Materials.
Should in case you owned the Materials before providing them to Orlit then, in spite of uploading them to your Orlit Store they remain your own, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Orlit Store at any time by deleting your Account. Removing your Orlit Store does not guarantee any rights or licenses granted to the Materials that Orlit requires to perform any duty that arose during the Term.
You oblige that Orlit can, at any time, review and delete any or all of the Materials submitted to the Services, although Orlit is not mandated to do so.
You accord Orlit a transferable, non-exclusive, sub-licensable, royalty-free, worldwide right and license to use the names, service marks, logos and trademarks associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and to perform our duties and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that Orlit requires the license to exercise any rights or perform any obligations that arose during the Term.