Photo.beatofindia.com
ESSENTIAL INFORMATION PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE and ITS PRODUCTS.
Welcome to the Photo.beatofindia.com website (“Website”). You are required to follow the terms and conditions if you use the Website located at www.photo.beatofindia.com. Your use of the services provided by Photo.beatofindia indicates your acceptance of these terms and conditions.
1. Use of image files.
Photo.beatofindia licenses to you the use of image files only as provided below on a nonexclusive and nontransferable basis upon payment of the required fees. All other rights to the image files and any accompanying materials such as copyright are retained by Photo.beatofindia. The license is limited to one usage per download. For example, if an image is used in a website design and in a business card design, this is considered two usages for which the image license should be purchased two times. Using an image in multiple products without purchasing the licenses for each usage violates this Agreement.
2. Consent.
You must be at least 18 years of age to use the Website and accept this Agreement. Photo.beatofindia may require any purchasor provide sufficient proof that they are at least 18 years of age.
3. Intellectual Property and Privacy Laws.
You acknowledge that the content available through the Website is the property of Photo.beatofindia or its content providers or other third parties and is protected by copyright and possibly other intellectual property laws. Furthermore, you acknowledge that trademarks and copyrights of the subject matter depicted in the images are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property whenever necessary to comply with intellectual property laws. Absent an explicit written statement from Photo.beatofindia stating otherwise, you should assume that no consent from persons or owners of property depicted in an image has been given regarding the publication of the image and that model and property releases are not available from Photo.beatofindia or its content providers. Further, Photo.beatofindia makes no claims or warranties as to the validity of the model or property releases associated with any image and the existence of such releases should be independently verified by you with sources other than Photo.beatofindia and that you agree that such usage shall be at your risk. In other words, you assume sole responsibility to ensure that your usage of an image complies with the laws concerning intellectual property and the rights of individuals with respect to defamation, privacy, and right to publicity. You agree when feasible to include the copyright information from the image file in the form of a legally effective copyright notice if at all possible in this form: “ © Photo.beatofindia.com. Image from Photo.beatofindia.com.”
4. Prohibited Uses.
Generally (without a Photo.beatofindia Special License * ) you may not :
a. Use an image in products in which the image is a dominant feature if the product is to be subsequently sold or distributed. Examples include posters, postcards, greeting cards, mugs, shirts, hats, mouse pads, magnets, art prints, paintings, or calendars.
b. Use the image in screensavers, software, web page builders, gallery, or any system where the image file can be unincorporated from the software or system or be shared among, transferred to, or otherwise distributed to a number of users. Image libraries are not allowed without a Special License.
c. Display or post images in a gallery or library format or size larger than 800 pixels that makes it easy for people to copy, save, or otherwise infringe the copyright to an image. If more than 10 images from the Website are being used, size must be no more than 400 pixels in height or width.
d. Use images in any way that violates the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light. Images that are designated for editorial use only or as not being model-released may not be used for advertising or promotional purposes.
e. Use images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
f. Use images in a manner which the depicted person or a person owning the depicted property would find objectively offensive including but not limited to usages associated with sexual entertainment, sexual products, or intoxicating, addictive, or pharmacological products.
g. Resell or distribute any image unless it is an integrated, inseparable part of a product and constitutes less than 50 percent of the overall product area, page layout or design.
h. Reverse engineer, decompile, or disassemble any part of a file or accompanying materials.
i. Use any part of an image in a trademark, service mark, logo, or part thereof.
j. Remove any copyright or trademark information from any image, file, or accompanying materials.
*A Photo.beatofindia Special License can be provided for users who wish to use the images beyond what our standard Image Usage Agreement allows. Generally speaking, the standard Image Usage Agreement allows most types of image uses where the images are a non-critical, ancillary part of the final creation. However, creating a new business or product line and using Photo.beatofindia images as a main visual part of your product (t-shirts, painting reproductions, etc.) typically requires a Special License.
A Photo.beatofindia Special License does not necessarily provide users with any or all of the benefits listed above, however, Photo.beatofindia may be able to provide you with a Special License for any of the aforementioned usage applications. Please write to us at speciallicense@photo.beatofindia.com for more information on Photo.beatofindia Special Licensing.
5. Permitted Uses.
You may:
a. Use images for general, editorial, product, and promotional uses including but not limited to: products, software, newsletters, advertisements, book covers, packaging, marketing material, school assignments, presentations, and within films or videos, provided that such usage complies with the other provisions in this Agreement (see Section 4. Prohibited Uses).
b. Edit, modify or alter images as necessary for your use, provided that the subsequent image otherwise complies with this Agreement. The copyrights in all photos, art, images or other files obtained from Photo.beatofindia and integrated into a derivative work will remain with Photo.beatofindia or the content provider. If requested by Photo.beatofindia, you agree to execute a written assignment of any copyrights with respect to such derivative work when such assignment is reasonably necessary to enable Photo.beatofindia or a content provider to enforce intellectual property rights.
c. In the normal course of workflow, convey to third parties such as printers a temporary copy of a file that is integral to your work project and without which the project could not be completed.
d. Print or use the image for your personal use in any size provided that there is no subsequent sale or transfer to other persons.
As per Section 1, this agreement requires that if you are creating several products or projects you must purchase the image file photo for each new usage. If your image usage needs fall outside of the scope of what is permitted herein, you might be able to purchase and use the images by obtaining a Special License. Contact us at speciallicense@photo.beatofindia.com and learn more about Special Licenses and their availability .
6. Discontinuance:
Photo.beatofindia reserves the right to replace any image file with an alternative image file for any reason. Upon notice of such replacement, the license for such files terminates with respect to any prospective usage and this license automatically applies to the alternative image files. You further agree to take all reasonable steps to discontinue use of files that have been replaced in products that already exist.
7. No resale or sublicensing.
You may not resell, distribute or sublicense the files, accompanying material, or the rights to use the files to anyone for any purpose, except as specifically provided for in this agreement or within a Photo.beatofindia Special License or other Photo.beatofindia agreement.
8. Assumption of risk.
You expressly agree that use of all images, files, or software distributed by Photo.beatofindia is at your sole risk. Photo.beatofindia does not warrant or guarantee that images are free from copyright or other intellectual property concerns. Likewise, you agree that you are responsible to ensure that the publication at your direction of an image obtained from Photo.beatofindia does not violate any rights with respect to privacy, defamation, or publicity. You further agree to indemnify Photo.beatofindia in the event a claim is made with respect to the rights described in this section.
9. Disclaimers.
All images, files, and software distributed by Photo.beatofindia are provided on an “as is” and “as available” basis and without warranties or conditions of any kind either express or implied. Photo.beatofindia assumes no responsibility for any actions or liabilities arising from their possession or use. Photo.beatofindia disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Photo.beatofindia or its content providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the images or website, even if Photo.beatofindia is expressly advised of the possibility of such damages. In no event shall Photo.beatofindia's liability exceed the fees paid for the use of the files. No oral advice or written information provided by Photo.beatofindia, its content providers or the like, shall create a warranty; nor shall you rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, images, and services available through Photo.beatofindia. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
10. Assignment
You may not assign the rights and obligations under this agreement without obtaining the prior written consent of Photo.beatofindia. Photo.beatofindia may assign this agreement.
11. Severability
Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
12. Entire Agreement
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and Photo.beatofindia, which, excepting Photo.beatofindia Special Licensing agreement(s) you may have also signed, supersedes any proposal or prior agreement, oral or written, and any other communication between you and Photo.beatofindia relating to the subject of this agreement. |
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