Trademark & Copyright Policy

CaribraConnect Technology Ltd ("the Company", "we", "us", or "our") operates the online event ticketing marketplace known as TiketCaribbean, accessible at www.tiketcaribbean.com and through associated mobile applications (collectively, "the Platform"). The Company is incorporated under the laws of the Republic of Trinidad and Tobago.

The Company respects intellectual property rights and expects all users of the Platform to do the same. This Trademark and Copyright Policy ("the Policy") describes: (i) how intellectual property rights are allocated between the Company and users; (ii) the obligations of users in respect of third-party intellectual property; (iii) the procedures for reporting alleged infringement; (iv) the Company's takedown and counter-notification procedures; and (v) the consequences of repeated infringement.

This Policy is incorporated by reference into the TiketCaribbean Terms of Service and forms a binding part of the agreement between the Company and every registered user of the Platform. Capitalised terms used but not defined herein shall have the meanings ascribed to them in the Terms of Service.

For the purposes of this Policy, the following terms shall have the meanings set out below:

• "Intellectual Property" means all rights in and to trademarks, service marks, trade names, logos, get-up, patents, design rights, copyright, database rights, trade secrets, confidential information, domain names, and all other intellectual property rights, whether registered or unregistered, and including all applications for and renewals or extensions of such rights.
• "Trademark" means any word, name, symbol, logo, slogan, device, colour, or combination thereof that is used, or intended to be used, to identify and distinguish goods or services from those of others and to indicate the source of the goods or services.
• "Service Mark" means a trademark used to identify and distinguish the services of one person from those of others.
• "Copyright" means the exclusive rights granted to the creator of an original literary, artistic, musical, dramatic, or audiovisual work, or other protectable subject matter, under applicable law, including the Copyright Act, Chapter 82:80 of the Laws of Trinidad and Tobago, and any equivalent legislation in other applicable jurisdictions.
• "User Content" means all content, data, text, graphics, images, photographs, audio, video, logos, event names, promotional materials, flyers, and other materials uploaded, submitted, posted, or otherwise transmitted to the Platform by users, including event organisers.
• "Platform Content" means all content created by or belonging to the Company, including without limitation the TiketCaribbean name, logo, brand identity, platform design, software, code, databases, documentation, and all materials generated by Company employees or contractors in the course of operating the Platform.
• "Organiser" means a registered user who has been approved to create event listings, upload promotional content, and sell tickets through the Platform.
• "Complainant" means a person or entity who submits a Notice of Alleged Infringement under this Policy.
• "Respondent" means a user against whom a Notice of Alleged Infringement has been submitted.
• "Notice of Alleged Infringement" or "Notice" means a formal written complaint submitted to the Company under Section 7 of this Policy.
• "Counter-Notification" means a formal written response submitted by a Respondent under Section 9 of this Policy.

3.1 Retention of Ownership

Subject to the limited licence granted in Section 4, all Intellectual Property rights in User Content uploaded by an Organiser or other user remain vested in the user (or the third party from whom the user has obtained the necessary rights). The Company makes no claim of ownership over User Content.

3.2 User Responsibility

Each user is solely responsible for ensuring that User Content they upload to the Platform does not infringe the Intellectual Property rights of any third party. The Company shall have no obligation to review User Content for Intellectual Property compliance prior to publication, and publication of User Content on the Platform shall not constitute any endorsement or warranty by the Company as to its lawfulness.

4.1 Grant of Licence

By uploading User Content to the Platform, each user grants to the Company a limited, non-exclusive, royalty-free, worldwide, sub-licensable, and transferable licence to use, reproduce, store, process, display, distribute, adapt, and communicate User Content solely for the following purposes:

• Operating and maintaining the Platform, including storing and displaying User Content to users and prospective attendees;
• Facilitating ticket sales and transactions related to events listed by the Organiser;
• Marketing and promoting events listed on the Platform, including through social media, email campaigns, paid advertising, and other digital or print media;
• Producing screenshots, previews, or compilations of Platform content for editorial, press, investor relations, or promotional purposes; and
• Complying with applicable law, regulatory requirements, or any court or tribunal order.

4.2 Duration of Licence

The licence granted under Section 4.1 continues for as long as User Content remains on the Platform and for a reasonable period thereafter, to the extent necessary for the Company to fulfil any residual obligations or legal requirements. Users may request removal of their User Content in accordance with the Terms of Service, subject to any limitations arising from transactions already completed.

4.3 No Further Rights

No rights in User Content other than those expressly stated in Section 4.1 are granted or implied. The Company shall not sell, licence to third parties for commercial gain, or otherwise exploit User Content beyond the scope of the purposes set out in Section 4.1 without the user's prior written consent.

5.1 General Prohibition

Users must not upload, post, transmit, or otherwise make available on the Platform any User Content that:

1. Infringes the copyright, trademark, service mark, patent, design right, or other Intellectual Property right of any third party;
2. Reproduces logos, brand names, event artwork, or promotional materials belonging to third parties without the authorisation of the rights holder;
3. Uses a trade name, trading style, or logo that is confusingly similar to an existing trademark without authorisation;
4. Creates a false impression that an event, product, or service is endorsed by, affiliated with, or sponsored by a brand or rights holder when it is not;
5. Contains counterfeit or unauthorised copies of protected works;
6. Misappropriates the goodwill or reputation of a third-party brand through passing off or equivalent conduct;
7. Violates the moral rights of any author or creator; or
8. Has been obtained or is being used in breach of any licence, contract, or other legal obligation.

5.2 Specific Examples

By way of illustration and without limitation, the following are prohibited:

• Using a major record label's logo on event flyers without a licensing agreement;
• Reproducing a registered carnival band's branding on promotional materials without permission;
• Uploading event artwork that incorporates stock photography, fonts, or typefaces in breach of their respective licences;
• Naming an event using a trademarked event name owned by another organiser or promoter; and
• Publishing cover images, posters, or banners incorporating celebrity likenesses without written consent.

6.1 Representations and Warranties

By uploading User Content to the Platform, each Organiser represents and warrants to the Company, on an ongoing basis, that:

1. The Organiser is the sole and exclusive owner of all Intellectual Property rights in the User Content, or has obtained all necessary licences, consents, clearances, and permissions from the relevant rights holders to use such content on the Platform and to grant the licence in Section 4;
2. The User Content does not infringe any copyright, trademark, service mark, right of publicity, moral right, or other Intellectual Property right of any third party;
3. The User Content does not breach any contractual obligation owed to a third party, including any exclusivity, confidentiality, or non-compete obligation;
4. All persons whose names, likenesses, voices, or personal data appear in the User Content have provided their written consent to such use;
5. The User Content does not constitute passing off, trade libel, or any analogous unfair competition claim; and
6. The Organiser will immediately notify the Company in writing upon becoming aware of any actual or prospective third-party Intellectual Property claim relating to User Content submitted by the Organiser.

6.2 Ongoing Obligation

These representations and warranties are given at the time of each upload and are deemed to be repeated each time the Platform displays or disseminates the relevant User Content. The Organiser is responsible for updating or removing User Content if any of these representations and warranties ceases to be accurate.

7.1 Reporting Procedure

If you are a rights holder, or an authorised representative of a rights holder, and you believe that User Content available on the Platform infringes your Intellectual Property rights, you may submit a Notice of Alleged Infringement to the Company's Designated IP Agent using the contact details set out in Section 14.

7.2 Required Contents of a Notice

To be valid and actionable, a Notice must be submitted in writing (including by email) and must contain all of the following:

1. Identity of the Complainant: the full legal name, postal address, telephone number, and email address of the Complainant, or, where the Complainant is an entity, a description of the entity and the name and authority of the individual submitting the Notice;
2. Identification of the protected work: a description of the Intellectual Property right allegedly infringed, together with sufficient information to allow the Company to identify the right, including, where applicable, a trademark registration number, jurisdiction of registration, and the registered class of goods or services, or, in the case of copyright, the title, author, and nature of the work;
3. Identification of the infringing material: a description of the User Content alleged to be infringing and its precise location on the Platform, including, where possible, the URL of the specific event listing, page, or material;
4. Statement of ownership or authority: a statement that the Complainant is the owner of the Intellectual Property right allegedly infringed, or is authorised to act on behalf of the owner;
5. Good faith statement: a declaration that the Complainant has a good faith belief that the use of the material in the manner complained of is not authorised by the rights holder, their agent, or applicable law;
6. Accuracy statement: a declaration that the information in the Notice is accurate to the best of the Complainant's knowledge and belief; and
7. Signature: the physical or electronic signature of the Complainant, or the authorised representative of the Complainant.

7.3 Incomplete Notices

The Company reserves the right to decline to act upon Notices that are materially incomplete, unclear, or that fail to satisfy the requirements of Section 7.2. The Company may, at its discretion, notify the Complainant of deficiencies and invite resubmission.

8.1 Expedited Review

Upon receipt of a valid and complete Notice under Section 7, the Company will review the Notice in a timely manner, having regard to the nature and complexity of the claim. The Company aims to assess and respond to valid Notices within ten (10) business days of receipt, though this timeframe is an operational target and not a legal commitment.

8.2 Provisional Measures

Pending its review of a Notice, the Company may, at its sole discretion:

• Temporarily suspend access to the alleged infringing User Content;
• Apply a content restriction pending resolution;
• Retain the User Content pending review without restriction; or
• Seek clarification from the Complainant or the Respondent before taking any action.

8.3 Determination and Action

Following its review, the Company may, in its sole and absolute discretion:

1. Remove or disable access to the User Content that is the subject of the Notice;
2. Decline to take action if the Company determines that the Notice does not establish a credible claim of infringement, is incomplete, or is abusive;
3. Refer the matter to external legal counsel before making a determination;
4. Notify the Respondent that a Notice has been received and that their User Content is under review; and/or
5. Terminate or suspend the Respondent's account in accordance with Section 11.

8.4 No Admission of Liability

Any action taken by the Company pursuant to this Section 8 is taken as an operational measure only and shall not constitute any admission or finding that the User Content infringes the Complainant's rights, nor shall it create any legal obligation on the Company to take any particular action in relation to future alleged infringement.

8.5 Notification to Respondent

Where the Company removes or disables access to User Content in response to a Notice, the Company will, where practicable and lawful to do so, inform the Respondent of the action taken and that a Notice has been received. This notification will be sent to the email address associated with the Respondent's account.

9.1 Right to Submit Counter-Notification

A Respondent whose User Content has been removed or disabled following a Notice may submit a Counter-Notification to the Company's Designated IP Agent if they believe in good faith that the User Content was removed as a result of a mistake or misidentification of the material.

9.2 Required Contents of a Counter-Notification

To be valid and actionable, a Counter-Notification must be submitted in writing and must contain all of the following:

1. Identity of the Respondent: the Respondent's full legal name, postal address, telephone number, and email address;
2. Identification of removed material: a description of the User Content that was removed or disabled and its location before removal, including the URL where available;
3. Statement of good faith: a declaration that the Respondent has a good faith belief that the User Content was removed or disabled as a result of a mistake or misidentification;
4. Statement of consent to jurisdiction: a declaration that the Respondent consents to the jurisdiction of the courts of the Republic of Trinidad and Tobago for the purpose of any action relating to the User Content, or, if the Respondent is resident outside Trinidad and Tobago, consents to the jurisdiction of any court in which the Company may be properly served;
5. Accuracy statement: a declaration that the information in the Counter-Notification is accurate to the best of the Respondent's knowledge and belief; and
6. Signature: the physical or electronic signature of the Respondent.

9.3 Company's Response to Counter-Notification

Upon receipt of a valid Counter-Notification, the Company will, as a matter of standard procedure:

1. Forward a copy of the Counter-Notification to the Complainant;
2. Inform the Complainant that the Company may restore the removed User Content within fourteen (14) to twenty-one (21) business days unless the Complainant notifies the Company that they have initiated legal proceedings seeking a court order restraining the Respondent; and
3. Where the Complainant does not notify the Company of such legal proceedings within the period specified, restore the removed User Content at the Company's discretion.

9.4 Discretion Retained

The restoration of User Content pursuant to Section 9.3 is subject to the Company's sole discretion. The Company is not obliged to restore User Content where, in its reasonable judgement, restoration would cause harm to third parties, would be contrary to applicable law, or would be contrary to the Company's policies.

10.1 Neutral Platform Status

TiketCaribbean is an online marketplace that facilitates the creation and promotion of events and the sale of tickets. The Company does not create, curate, moderate (except as required by law or policy), or endorse User Content. The Company acts as a neutral intermediary and hosting service in relation to User Content.

10.2 No Pre-Publication Review

The Company does not review User Content for Intellectual Property compliance before it is published on the Platform. Users are solely responsible for the lawfulness of their User Content, including compliance with applicable Intellectual Property laws in all jurisdictions in which their events are promoted, offered, or attended.

10.3 General Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable to any person for any loss, damage, cost, expense, or other claim arising directly or indirectly from:

• Any Intellectual Property infringement contained in User Content;
• The Company's reasonable and good faith response to any Notice of Alleged Infringement, including the removal or disabling of User Content;
• Any delay in removing allegedly infringing User Content;
• The restoration of User Content following a valid Counter-Notification; or
• Any decision not to take action in response to a Notice.

10.4 Third-Party Disputes

All Intellectual Property disputes between users or between a user and a third party are the exclusive responsibility of the parties involved. The Company will not act as an arbitrator or adjudicator of such disputes and accepts no liability for their resolution or outcome.

11.1 Commitment to Enforcement

In appropriate circumstances and at the Company's sole discretion, the Company will terminate the accounts of users who are determined to be repeat infringers of Intellectual Property rights. This policy is implemented in recognition of best practices for online platforms and the Company's commitment to maintaining an environment that respects the rights of creators and rights holders.

11.2 Determination of Repeat Infringement

A user may be designated a repeat infringer where:

1. Two or more valid Notices of Alleged Infringement have been received in respect of that user's User Content, whether or not the underlying claims have been fully adjudicated;
2. A Counter-Notification submitted by the user has been found to contain materially false or misleading information;
3. A user has been found by a court or tribunal to have infringed third-party Intellectual Property rights; or
4. The Company has reasonable grounds to believe that a user is engaged in a pattern of uploading infringing content.

11.3 Consequences

Upon designation as a repeat infringer, a user's account may be suspended or permanently terminated without prior notice. The Company may also remove all User Content associated with the terminated account. Termination of an account does not extinguish any liability the user may have incurred prior to termination, including liability under Section 12.

11.4 Discretion of the Company

The Company reserves the right, at its sole and absolute discretion, to take into account all relevant circumstances when applying this policy, including the nature and gravity of the alleged infringement and any mitigating factors presented by the user.

12.1 User's Indemnification Obligation

Each user (and, in the case of an Organiser operating as a business, the Organiser on behalf of itself and its principals, directors, officers, employees, and agents) agrees to fully and effectively indemnify, defend, and hold harmless the Company, its parent, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, successors, and assigns (together, "the Indemnified Parties") from and against any and all claims, actions, proceedings, demands, losses, damages, costs, expenses (including reasonable legal fees on a full indemnity basis), settlements, and liabilities of any kind arising out of or relating to:

1. The user's User Content or the uploading, publication, or distribution thereof on the Platform;
2. Any actual or alleged infringement by the user of any Intellectual Property right of any third party in connection with the user's User Content or Platform activities;
3. Any breach by the user of the representations and warranties set out in Section 6;
4. Any breach by the user of this Policy or the Terms of Service;
5. Any false, misleading, or inaccurate information provided by the user in a Notice of Alleged Infringement or Counter-Notification;
6. Any claim by a third party arising from the user's use of third-party trademarks, logos, images, artworks, or other Intellectual Property without proper authorisation; and
7. Any investigation, regulatory inquiry, or legal proceeding initiated by a third party or regulatory authority as a result of the user's User Content or conduct on the Platform.

12.2 Cooperation

Each user shall reasonably cooperate with the Indemnified Parties in the defence of any claim for which indemnification is sought, including by providing documents, information, and access to relevant personnel on request. The Company reserves the right to assume exclusive control of the defence of any matter otherwise subject to indemnification by the user, at the user's cost.

12.3 Survival

The indemnification obligations in this Section 12 shall survive the termination or expiry of the user's account and the discontinuation of the Platform.

13.1 Company Ownership

All Platform Content, including but not limited to the TiketCaribbean name and wordmark, the TiketCaribbean logo and brand identity ("the TiketCaribbean Marks"), the Platform's visual design, user interface, software architecture, source code, databases, features, functionality, documentation, and all other materials created by or for the Company, are and shall remain the exclusive property of CaribraConnect Technology Ltd or its licensors. All rights in Platform Content are reserved.

13.2 Protection of the TiketCaribbean Brand

The TiketCaribbean Marks are the exclusive property of the Company. Users and third parties are strictly prohibited from:

1. Using the TiketCaribbean name, logo, or any variation thereof in any manner that implies a commercial relationship, endorsement, or sponsorship without the prior written consent of the Company;
2. Registering or attempting to register any trademark, domain name, social media username, or other identifier that is identical or confusingly similar to the TiketCaribbean Marks;
3. Using the TiketCaribbean Marks in any way that is likely to mislead or deceive the public as to the source, nature, or quality of goods or services;
4. Reproducing, modifying, or creating derivative works based on Platform Content without the Company's prior written authorisation;
5. Using any meta-tag, keyword, search engine optimisation technique, or other mechanism that uses the Company's Marks or Platform Content in a manner not expressly permitted; and
6. Framing the Platform or using other techniques to present the Company's content or brand in a misleading context.

13.3 No Implied Licence

Nothing in this Policy, the Terms of Service, or any other agreement between the parties grants any user a licence to use the TiketCaribbean Marks or Platform Content, except to the limited extent expressly and unambiguously granted in writing by the Company.

13.4 Referential Use

Nominative, referential use of the name "TiketCaribbean" solely for the purpose of factually identifying the Platform (for example, "tickets purchased through TiketCaribbean") is permitted provided that such use does not imply endorsement, affiliation, or sponsorship by the Company, and does not denigrate or disparage the Company's reputation or brand.

All Notices of Alleged Infringement, Counter-Notifications, and other Intellectual Property correspondence must be directed to the Company's Designated IP Agent as follows:

The Company will acknowledge receipt of all valid submissions within five (5) business days and will proceed in accordance with the procedures set out in this Policy.

15.1 Cross-Border Operations

TiketCaribbean is designed with the intention of facilitating Caribbean events attended by persons from multiple jurisdictions, including members of the Caribbean diaspora in the United Kingdom, the United States, Canada, and elsewhere. While this Policy is governed by the laws of Trinidad and Tobago, the Company acknowledges that users and rights holders may be subject to the laws of other jurisdictions.

15.2 UK Compliance Alignment

To the extent that the Platform accepts users or processes data relating to persons in the United Kingdom, the Company will seek to operate in a manner broadly consistent with the obligations imposed upon online intermediaries under applicable UK law, including the principles underlying the UK Digital Markets, Competition and Consumers Act and applicable guidance from the UK Intellectual Property Office. The procedures set out in this Policy are designed to be compatible with those principles.

15.3 Complainants from Other Jurisdictions

Rights holders in jurisdictions outside Trinidad and Tobago are entitled to submit Notices under this Policy in accordance with Section 7, regardless of whether the Intellectual Property right asserted is registered in Trinidad and Tobago. The Company will assess such Notices in good faith and in accordance with the procedures set out herein, taking into account the applicable law of the relevant jurisdiction as a relevant contextual factor.

16.1 Governing Law

This Policy shall be governed by, and construed in accordance with, the laws of the Republic of Trinidad and Tobago. Any dispute arising out of or in connection with this Policy shall be subject to the exclusive jurisdiction of the courts of the Republic of Trinidad and Tobago, without prejudice to the Company's right to seek injunctive or other equitable relief in any competent jurisdiction.

16.2 Amendment

The Company reserves the right to amend, update, or replace this Policy at any time. Material changes will be notified to registered users via the email address associated with their account and/or by posting a prominent notice on the Platform. Continued use of the Platform following notification of a material change shall constitute acceptance of the amended Policy.

16.3 Severability

If any provision of this Policy is found by a court or competent authority to be invalid, unlawful, or unenforceable in any jurisdiction, it shall be severed from this Policy to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

16.4 Entire Agreement on IP Matters

This Policy, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between the Company and users with respect to Intellectual Property matters on the Platform and supersedes all prior representations, understandings, and agreements on the same subject matter.

16.5 No Waiver

Any failure or delay by the Company to exercise any right or remedy under this Policy shall not constitute a waiver of that right or remedy, nor shall a single or partial exercise of any right or remedy preclude its further exercise or the exercise of any other right or remedy.

16.6 Language

This Policy is published in the English language. In the event of any inconsistency between an English version and any translated version, the English version shall prevail.