Dear Tasveer Factory Customer:
The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you" or "Customer") and: Tasveer Factory, a Division of Delhi School of Photography Pvt Ltd, F11, Kalkaji, New Delhi, 110019, ( referred to hereafter as "Tasveer Factory").
"Image(s)" means photographs, vectors, drawings and the like available for license from the Tasveer Factory website.
"Footage" means any moving images, animations, films, videos or other audio/visual representations, excluding still images, recorded in any format that are available for license from the Tasveer Factory website.
"Visual Content" shall refer collectively to Images and Footage.
The following Terms of Service ("TOS") constitutes an agreement between Customer and Tasveer Factory setting forth the rights and obligations with respect to any Visual Content licensed by you. By agreeing to the TOS, you agree that these terms control your rights and obligations with respect to all Visual Content licenses set forth herein, notwithstanding the subscription or license you may be purchasing today. Please revisit these TOS when you purchase any Visual Content.
THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE VISUAL CONTENT.
Part I Visual Content Licenses
Part II Warranties and Representations
Part III Indemnification and Liability
Part IV Additional Terms
PART I VISUAL CONTENT LICENSES
Tasveer Factory hereby grants you a non-exclusive, non-transferable right to use, modify and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
A STANDARD IMAGE LICENSE grants you the right to use Images:
As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-paragraph I.a.i.4 below);
Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
As part of an "Out-of-Home" advertising campaign, provided the intended audience for such campaign is less than 500,000 gross impressions.
Incorporated into film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a "Production"), without regard to audience size, provided the budget for any such Production does not exceed INR 500,000;
For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).
AN ENHANCED IMAGE LICENSE grants you the right to use Images:
In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.
Incorporated as elements of digital templates for sale or distribution.
If the Standard or Enhanced Image licenses do not grant the rights you require please contact Customer Service. (Phone: +91-11- 40548374 Email: firstname.lastname@example.org )
A FOOTAGE USE LICENSE grants you the right to use Footage:
in Productions (i.e., a film, video, television series, advertisement, or other multimedia production) displayed or distributed to the public by any means now known or hereafter devised;
in connection with a live performance;
If the Footage Use License does not grant the rights you require, please contact Customer Service. (Phone: +91-11- 40548374 Email: email@example.com )
A FOOTAGE COMP LICENSE grants you the right to use watermarked, low resolution Footage as a comp (the "Comp Footage") solely in test, sample, comp, or rough cut evaluation materials. Footage Comp Licenses do not permit you to display or distribute to the public or incorporated into any final materials any such Footage. Comp Footage can be edited, but you may not remove or alter the Tasveer Factory watermark. Comp Footage is available to license under the Footage Use License at the time it is downloaded as Comp Footage, but Tasveer Factory makes no guarantees and shall have no obligation to ensure that Comp Footage will be available for license at any time thereafter.
RESTRICTIONS ON USE OF VISUAL CONTENT
YOU MAY NOT:
Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
Portray any person depicted in Visual Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
Use Visual Content designated "Editorial Use Only" for commercial purposes.
Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a "gallery" of content through which third parties may search and select from such content.
Use Visual Content in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
Use "stills" derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.
Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
If you require any of the foregoing rights, please contact Customer Service. (Phone: +91-11- 40548374 Email: firstname.lastname@example.org )
CREDIT AND COPYRIGHT NOTICES
The use of Visual Content in an "editorial" context, shall be accompanied by an adjacent credit to the Tasveer Factory in substantially the following form:
If and where commercially reasonable, the use of Visual Content in Merchandise or a Production shall be accompanied by a credit to Tasveer Factory in substantially the following form:
"Image(s) or Footage (as applicable), used under license from TasveerFactory.com"
Credit attributions are not required in connection with any other use of Images unless another stock content provided is afforded credit in connection with the same use.
In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
PART II WARRANTIES AND REPRESENTATIONS
Tasveer Factory warrants and represents that:
Tasveer Factory's contributors have granted Tasveer Factory all necessary rights in and to the Visual Content to grant the rights set forth in Part I as applicable.
Visual Content in its original unaltered form and used in full compliance with these TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties' rights of privacy or publicity; iii) violate any Indian law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.
While Tasveer Factory makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated "Editorial Use Only", TASVEER FACTORY MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; II) AUDIO IN FOOTAGE; OR III) VISUAL CONTENT DESIGNATED "EDITORIAL USE ONLY". For the sake of clarity, Tasveer Factory will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage, or the use of Visual Content designated Editorial Use Only.
TASVEER FACTORY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION.
PART III Indemnification and Liability:
Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with Tasveer Factory, Tasveer Factory will defend, indemnify, and hold you harmless up to the applicable "Limit of Liability" set forth below. Such indemnification is solely limited to Customer's direct damages arising from a third-party claim directly attributable to Tasveer Factory's breach of the express warranties and representations made in Part II hereof, together with associated expenses (including reasonable attorneys' fees). Indemnification is conditioned upon you notifying Tasveer Factory, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., the use of Visual Content at issue, the name and contact information of the person and/or entity making the claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be emailed to Tasveer Factory at email@example.com, with a hard copy to Tasveer Factory, A division of Delhi School of Photography Pvt Ltd, F 11, Kalkaji, New Delhi – 110 019, Attention: Legal Team, via registered post, return receipt requested; or ii) overnight courier, recipient's signature required. Tasveer Factory shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Tasveer Factory in the defense of any such claim and shall have the right to participate in any litigation at your own expense. You agree that Tasveer Factory is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Tasveer Factory having a reasonable opportunity to analyze such claim's validity.
Tasveer Factory shall not be liable for any damages, costs or losses arising as a result of modifications made to the Visual Content or due to the context in which the Visual Content is used by you.
Limits of Liability: Tasveer Factory's total maximum aggregate obligation and liability (the "Limit of Liability") arising out of each of Customer's:
Standard Image Licenses shall be not exceeding the license fee paid Customer while ordering
Enhanced Image Licenses shall be not exceeding the license fee paid Customer while ordering
Footage Use Licenses shall be not exceeding the license fee paid Customer while ordering.
If you have questions about the foregoing, please contact Customer Service. (Phone: +91-11- 40548374 Email: firstname.lastname@example.org )
You will indemnify and hold Tasveer Factory, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Visual Content other than the uses expressly permitted by these TOS. You further agree to indemnify Tasveer Factory for all costs and expenses that Tasveer Factory incurs in the event that you breach any of the terms of this or any other agreement with Tasveer Factory.
PART IV ADDITIONAL TERMS
Except when required by law, Tasveer Factory shall be under no obligation to issue refunds under any circumstances. In the event that Tasveer Factory determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase.
"Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Visual Content or the right to use Visual Content. You may however, make a one-time transfer of Visual Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Visual Content subject to the terms and conditions herein. If you become aware that any Social Media Website uses any Visual Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Visual Content from such Social Media Site, and to promptly notify Tasveer Factory of each such Social Media Website's use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Visual Content. If you become aware of any unauthorized duplication of any Visual Content please notify us via email at contact@TasveerFactory.com.
If you use any Visual Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Tasveer Factory, upon Tasveer Factory's reasonable request.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Indian Arbitration Act , rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be Delhi. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Tasveer Factory shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Tasveer Factory, such action is necessary or desirable.
These TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. These TOS are governed by and shall be construed in accordance with the laws of the Delhi, India, without respect to its conflict of laws principles.
If you are entering into these TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Tasveer Factory for any breaches of the terms of these TOS. You hereby grant Tasveer Factory a worldwide, non-exclusive, limited license to use your trademarks in Tasveer Factory's promotional materials, including a public customer list. Tasveer Factory's use of your trademarks shall at all times conform to your then-current trademark use policies as made available to Tasveer Factory and shall at all times inure to your benefit. Tasveer Factory further agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt by Tasveer Factory of your email request to contact@TasveerFactory.com.
The number of Visual Content downloads available to you is determined by the product you purchase. For the purposes of these TOS, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your Subscription will renew on September 30.
Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase of any automatically renewing, installment payment or recurring subscription product shall apply only to the first installment thereof.
If any individual term of these TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that these TOS shall otherwise remain in full force and effect.
It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
In the event that you breach any of the terms of this or any other agreement with Tasveer Factory, Tasveer Factory shall have the right to terminate your account without further notice, in addition to Tasveer Factory's other rights at law and/or equity. Tasveer Factory shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
Except as expressly set forth herein, Tasveer Factory grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be visible in the Visual Content, music or other audio in footage, trademarks, trade dress or copyrighted designs or works of art or architecture depicted in any Visual Content. Tasveer Factory only has model or property releases where expressly indicated on the Tasveer Factory website.
Tasveer Factory's liability under any individual license purchased hereunder shall not exceed the "Limit of Liability" applicable to the license in effect at the time customer knows or should have known of the claim, and is without regard to the number of times the subject Visual Content is licensed or used by you.
Except as specifically provided in Part III hereof, in no event, will Tasveer Factory's total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Tasveer Factory websites and/or Visual Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Tasveer Factory from you for the applicable Visual Content license.
Neither Tasveer Factory nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Visual Content, Tasveer Factory's breach of this agreement, or otherwise, unless expressly provided for herein, even if Tasveer Factory has been advised of the possibility of such damages, costs or losses.
Except as expressly set forth in Part II, all Visual Content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Visual Content may contain elements that require additional clearance if the Visual Content is modified or used in a particular context. If you make such modification or use Visual Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
Tasveer Factory does not warrant that the Visual Content, Tasveer Factory websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Visual Content is solely with you.
In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Tasveer Factory, Tasveer Factory will promptly file a complaint with Cyber Crime Cell, Delhi Police, Delhi, India.
Effective 30 October 2016