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ImageDB.com : Terms And Conditions

The right to use this site and its content is granted to you only if you agree to be bound by the terms and conditions hereby stated ("Terms and Conditions"). By using this website and/or registering as a member, you indicate your acceptance of these Terms and Conditions.

Ownership of our site

This site is operated by Lohia Networks Pvt. Ltd., a company registered with Registrar of companies in Delhi, India, 40 IDC, M.G Road, Gurgaon - 122001, Haryana, India. All the rights on the content included in our website such as images, text, graphics, illustrations and software (the" Content") are owned by its licensors. All elements of the ImageDB.com website, including without limitations, the design and the Content are protected by industrial and intellectual property laws and international treaties.

Use of the Content

Unless explicitly permitted by ImageDB.com, you may not reproduce, distribute, transmit or otherwise exploit the Content in any way. You must abide to all other terms and conditions regarding the licensing of Images. You shall indemnify ImageDB.com and its licensors against any losses, expenses, costs or damages incurred as a result of your breach of the present Terms and Conditions or your unauthorized use of the Content.

Disclaimers

Although ImageDB.com uses its best efforts to ensure the accuracy of the Content on the site, this site may contain errors, mistakes or inaccuracies. We make no guarantees as to the accuracy, correctness or reliability of the Content. ImageDB.com may change the Content of this site, at any time, without prior notice.

In no event shall ImageDB.com be liable to you for any damages of any kind arising out of or in connection with the use of this site.

Law and Venue

These Terms and Conditions of use shall be interpreted, construed and governed by the laws of India, and all disputes arising under the present shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Delhi, India.

Should any clause of these Terms and Conditions be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.

Privacy Policy

ImageDB.com respects your right to privacy. This privacy policy tells you about our practices in regards to any information we collect online.

Personal Information

In order to provide service to our customers we may require you to provide us with certain information such as your name, address, phone number and e-mail address. This information will be kept in a confidential file for which ImageDB.com is responsible to be used for internal purposes only and more particularly to send you products, updates on our latest promotions and new services.

By providing this information to ImageDB.com you are agreeing to allow us to share this information with Lohia Networks Pvt. Ltd�s partners, subsidiaries or affiliates in order to allow them to provide you, as well, with special benefits, offers or promotions. You may, at anytime, access, correct, update or require us to remove your personal information from our mailing list by sending us an e-mail at sales@imagedb.com

ImageDB.com does not sell or lease information about its customers to third parties. ImageDB.com shall not provide any of your personal information to other companies or individuals without your permission. However, we may need to provide your name and delivery address to third parties that ImageDB.com uses for delivering purpose or when we are required by law.

ImageDB.com will take all reasonable steps to protect the confidentiality of your personal information, however be aware that perfect security on the Internet does not exist.

Use of Cookies

When you visit ImageDB.com website, we place a "cookie" in the hard drive of your computer. A "cookie" is a small piece of data that a website can store on your web browser and later retrieve. Cookies allow ImageDB.com to make its website more useful by storing information about your preferences. For example, cookies enable this website to recognize the information you have consented to give us, such as the lightboxes you have created and determine what areas of the website are most of your interest. You can set your browser�s option not to accept cookies, though as a result you may not then be able to access all of the features of ImageDB.com site.

Contact Us

If you are unsure of your rights under any of the license aggrements or wish to have additional rights (or additional seat licenses) or have any question regarding your rights or obligations under the Agreements or any questions about company�s privacy policy or concerns about personal information you have supplied, please feel free to contact us at +91 124 4477 987 or email us at sales@imagedb.com

COMPING LICENSE AGREEMENT

Comping License Agreement for Rights-Managed images

This is a legal agreement between you and ImageDB.com Please read carefully this agreement. By downloading any image from this site you agree to be bound by the terms and conditions of this agreement. If you do not agree with the terms and conditions of this agreement do not use or download the images contained in this site.

If you are entering into this agreement on behalf of your employer, this license and all the restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer.

All the images included in this site are copyrighted and all rights to these images are owned ImageDB.com's licensors. All rights that are not specifically granted to you by this agreement are reserved.

Grant of License for Comping Use Only

By this Agreement, ImageDB.com grants you, for a period of 30 days, a personal, non-exclusive and non-transferable right to use the Images solely for viewing purposes and to create preliminary layouts and comps. You may make only one copy of the Images into your computer hard drive for the limited purposes of examination and preliminary layouts and comps, being understood that such copy shall be destroyed after usage.

II Unauthorized Uses

i. By the present agreement, you are not granted the rights to: use the Images for any advertising, promotional or editorial use or any commercial application of the Images create derivative works, being anything sourced from or referenced from a pre-existing Image license, sell, publish or distribute any of the Images in whole or in partplace the Images On-line in a downloadable, FTP or other similar format use the Images in any defamatory, libelous, pornographic, fraudulent, infringing or tortious way. Advance written permission is required for use of Images for sensitive subjects, included, but not limited to, substance abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer or other serious physical or mental ailments or the disparagement of a person or product use the Images or allow the use of the Images in any way that violates the right to privacy or publicity use the Images for any other purposes than the ones specifically granted in paragraph 1

ii. Without limiting Lohia Networks Pvt. Ltd�s rights on the Images, any unauthorized use of Images constitutes copyright infringement entitling ImageDB.com to exercise all rights and remedies under applicable copyright laws and treaties.

iii. You agree to indemnify and hold ImageDB.com harmless from any and all claims, liabilities, damages, costs and expenses including lawyer�s fees, arising from any unauthorized use of an Image.

III Divisibility & Severability

i. Should any clause of the present Agreement be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.

IV Indemnity

i. You agree to indemnify and hold ImageDB.com harmless from any and all claims, liabilities, damages, costs and expenses including lawyer's fees, arising from any unauthorized use of an Image.

V Law and Venue:

i. This Agreement shall be interpreted, construed and governed by the laws of India, and all disputes arising under this agreement shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Delhi, India. Notwithstanding this, this shall not preclude ImageDB.com from reserving the right to resolve a dispute in another competent jurisdiction.

ii. Should any clause of the present Agreement be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.

LICENSING TERMS

I. Definitions

i. In this Agreement the following terms should have the following meanings:

Image: means any visual representation generated optically, electronically, digitally or by any other means and which is licensed by ImageDB.com according to the terms of the present license agreement.

Invoice: means the computer generated or pre-printed invoice which includes without limitations the permitted scope of use of the images selected and the corresponding price for the license of such images.

Reproduction: means any form of copying or publication of the whole or part of any image by any means whatsoever. Reproduction shall also include any distortion or manipulation of the whole or part of any image.

II. Rights Granted

A. For Rights Managed Images

i. Conditioned upon your full payment of the license and your compliance with the terms of the Invoice and this Agreement (including all restrictions), ImageDB.com grants You a non-exclusive (unless otherwise stated in the Invoice), non-sublicensable, non-transferable right to reproduce the RM Images listed in the Invoice in accordance with the reproduction rights granted and specified in the Invoice.

ii. The rights hereby granted to you are non-transferable which means that any work that you produce using an RM Image must be for your own use, or for the use of your direct employer or client, who must be the end-user of your work (as long as all relevant data pertaining to any such end-user is clearly stated in the Invoice for having been provided to ImageDB.com prior to licensing). In any such event, You hereby agree to be jointly and severally liable for any breach of the terms hereof by your employer and/or client.

iii. Unless otherwise specified on the Invoice, the license granted on the RM Images are strictly limited to the use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified on the Invoice, which is incorporated into this agreement by this reference, and as incorporated together with this agreement constitutes the full license granted.

iv. Unless otherwise stated in the Invoice, all licenses on the RM Images are granted for a one time use, in a single publication, single size, single territory, in one single language, and for a term of one (1) year from the date the applicable Invoice is issued.

v. All rights not specifically granted to You are reserved. The license fee on the RM Images depends on the nature of the rights granted, therefore You undertake to obtain an additional license before undertaking any expanded use of any RM Image.

vi. The following credit line is required for any editorial use of any RM Image "�[Photographer's name]/[IMAGEDB]" For commercial uses, you shall include the credit described above when customary and appropriate.

B For Royalty Free and Low Budget Images

i Conditioned upon your full payment of the license and your compliance with the terms of the invoice and this Agreement (including all restrictions), ImageDB.com grants you a personal, non-exclusive and non-transferable right to use and reproduce, for your own commercial or non-commercial use, on a worldwide and perpetual basis, the Royalty Free and Low Budget images (regardless of the form in or media on which the Images are delivered to you, including, but not limited to electronic or online transmission, CDs or DVDs) (hereinafter "the Image(s)"), in the following ways:

Print usage: refers to any type of printed, tangible materials including advertising, promotional materials, publications or products (including products offered for sale except as prohibited in Section II below).

Non-print usage: refers to any digital or electronic materials including websites (but not website templates), multimedia presentations and CD-ROMs provided that no Image is at a resolution greater than 480 by 640 pixels (72 dpi) and each Image is incorporated into a design in such a fashion that it is clearly not intended to be separately downloaded, copied or distributed by any third party.

NOTE: IMAGES ARE NOT SOLD; THEIR USE IS LICENSED TO YOU.

III Restrictions on Use

A For Rights Managed Images

i The RM Images may not be used for any pornographic, unlawful purpose or use or to defame any person or violate any person's right of privacy or publicity or to infringe upon any copyright, trade name, trademark or service mark of any person or entity. Advance written permission from ImageDB.com is required for use of any RM Images for sensitive subjects, including without limitation, topics that may depict the subject matter of an RM Image in a negative or unfavourable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product.

ii ImageDB.com reserves the right not to license any RM Image for any reason whatsoever.

iii You may only use a single copy of the RM Image on a single computer. You may only download the RM Images onto one (1) computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the RM Images for any purpose except as otherwise provided in the Invoice. Notwithstanding the foregoing, You shall be allowed to make one (1) backup copy for security purposes only.

iv Upon termination or expiration of the license, You shall cease any use of the RM Images and promptly erase or destroy any reproducible copies of the same.

B For Royalty Free and Low Budget Images

i The rights hereby granted to you are non-transferable which means that any work that you produce using an Image must be for your own use, or for the use of your direct employer or client, who must be the end-user of your work. You may not sublicense, sell, assign, convey, dispose of, loan, give or otherwise transfer to anyone any CD, DVD or alike (hereinafter the "Disc Product") or any of the Images or the right to use the Disc Product or the Images except insofar as an Image has been included by you into one of the authorized uses referred to in Section I above and nothing you produce shall grant or purport to grant to any third party a right to use or reproduce the Images. You hereby agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.

ii If you are entering into this License Agreement for the benefit of, and/or as an agent on behalf of your direct employer (Employer) or client (Final Client), then you represent and warrant that i) such Employer and/or Final Client has authorized you to enter into this License Agreement and that the licenses granted hereunder are on that Employer's and/or Final Client's behalf, that such Employer and/or Final Client has agreed to be bound hereby and that you have actual and express authority to act on behalf of and bind such Employer and/or Final Client to the terms of the present License Agreement; ii) the Images and the End-Use of the same are solely for the benefit of Employer and/or the Final Client and that you will not use the Images or End Use for the benefit of any other person or entity without entering into a separate license with IMAGEDB; and iii) you will comply with all the terms hereof and shall be jointly and severally liable for any breach of the terms hereof by the Employer and/or the Final Client.

iii Even though you may sell or license derivative works incorporating the Images, you may not use any Image for sale or license where the primary value resides in the Image itself (For example, you may not sell posters or prints of any Image) nor include any Image in an electronic template intended to be reproduced by third parties on electronic or printed products.

iv You may not sell, license or distribute any derivative work containing any Image in a way that would allow a third party to download, extract or access the Image as a stand-alone file.

v If images are licensed by a company, they may be shared by creating an Image library, Image storage jukebox, network configuration or similar arrangement as long as no more than ten (10) specific employees (hereinafter the "Users") within the same company and no more than one User at a time get access to the Images, unless a separate seat license is purchased for each additional User, before such additional use begins. This is not a simultaneous user agreement.

vi Except as specifically provided in the previous paragraph, the Images may not be shared or copied and you may not create a network of servers, either with or without a central location to enable others to share the Images.

vii The images may not be used as part of a logo, trade name, service mark or trademark or used to infringe on anyone's logo, trade name, service mark or trademark.

viii The images may not be posted online nor placed in any other electronic distribution system in a downloadable format, FTP or similar nor enabled to be distributed via mobile telephone devices.

ix The images may not be used for any pornographic, unlawful purpose or use or to defame any person or violate any person's right of privacy or publicity or to infringe upon any copyright, trade name, trademark or service mark of any person or entity. Advance written permission from ImageDB.com is required for use of Images for sensitive subjects, including without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer or serious physical or mental ailments, or the disparagement of a person or product.

x Upon notice of discontinuance of a license for any particular Image, you agree not to use such Image in the future.To the fullest extent permitted by law, your sole remedy for any recalled Image shall be, at IMAGEDB's sole discretion, the replacement of such recalled Image with another Image or the refund of any license fee paid attributable to such recalled Image.

xi If the images are used in an editorial manner, you must include the following credit adjacent to the Images: "[Photographer's name]/[Name of the collection]/[IMAGEDB]"

IV Unauthorized Uses and Indemnification

i Any use of any image beyond the scope of the license set forth on the Invoice or in a manner not expressly authorized by/or in breach of the present Agreement constitutes infringement of copyright, entitling ImageDB.com to exercise all rights and remedies available under all applicable laws.

ii Any use of any Image and/or Disk Product in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling ImageDB.com to exercise all rights and remedies available to it under copyright laws around the world.

iii You shall be responsible for any damages resulting from any such copyright infringement, including without limitation any claims by a third party and you hereby agree to indemnify and hold harmless ImageDB.com and its subsidiaries, successors, affiliates, parent, officers, directors, employees, contractors, content providers, licensors, distributors or agents, against all claims (including without limitation, claims by third parties), liability, damages, judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any unauthorized use of any Images/Disk Products or any breach of any terms and conditions or restrictions of the present Agreement, (including any terms, conditions and restrictions included on the Invoice).

V Releases

i The rights that ImageDB.com grants do not include a license to, and ImageDB.com makes no warranties or representations that it licenses any rights related to any persons, places, properties (real, personal or any other kind) or subject matter depicted in the images. The images may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to a third party. You are solely responsible for determining whether the use of the images requires the consent of any other party or the license of any additional rights. You shall not rely solely on the information provided by IMAGEDB. You are solely responsible for obtaining all required releases and clearances which may be required. If you are unsure whether additional rights are required, it is your sole responsibility to obtain appropriate legal counsel.

ii When ImageDB.com states in writing that a model or property release exists for any particular image, ImageDB.com is only stating the existence of any such release without providing any representation or warranties on such release including without limitation any representation or warranties with regards to its validity, enforceability or fitness for any particular purpose.

iii In the event that ImageDB.com erroneously advices you that an image is released when it is not, IMAGEDB's sole liability shall be the amount paid for the license of that particular image.

VI Payment

i You are responsible for ensuring that all the information appearing in the Invoice is true, accurate and complete.

ii A late payment charge of one and one-half percent (1.5%) per month or such lesser amount as is allowed by law, on any unpaid balance until payment is received.

VII Warranty and Limitation of Liability

i ImageDB.com Warrants that For Rights Managed (RM) Images: it has all necessary rights and authority to enter into and perform this Agreement. Except as provided in this section, ImageDB.com makes no warranties (express or implied) with respect to the RM images. As stated in Section V above, ImageDB.com grants no rights and makes no warranties with regards to the use of names, trademarks, trade dress, designs or works of art or architecture depicted in any image, and you must satisfy yourself that all the necessary rights and consents regarding any of the above, as may be required for the intended use have been obtained. While ImageDB.com makes efforts to use accurate caption information, ImageDB.com does not warrant that such information is accurate. ImageDB.com makes no other warranty, express or implied regarding any rm images including, without limitation, that the rm images are error free, the implied warranties of merchantability and fitness for a particular purpose.

ii ImageDB.com Warrants that for Royalty Free and Low Budget Images: it has all necessary rights and authority to enter into and perform this Agreement; any Disk Product will be free from defects in material and workmanship for ninety (90) days from delivery. The Client's sole and exclusive remedy for a breach of this warranty is the replacement of the Disk Product or refund of the purchase price, at IMAGEDB�s sole option.

Except as provided in this section, ImageDB.com makes no warranties (express or implied) with respect to the images. ImageDB.com grants no rights and makes no warranties with regards to the use of names, trademarks, trade dress, designs or works of art or architecture depicted in any image, and you must satisfy yourself that all the necessary rights and consents regarding any of the above, as may be required for the intended use have been obtained. While ImageDB.com makes efforts to use accurate caption information, ImageDB.com does not warrant that such information is accurate. ImageDB.com makes no other warranty, express or implied regarding any images including, without limitation, that the images are error free, the implied warranties of merchantability and fitness for a particular purpose.

iii Except for any liability which cannot by law be excluded or limited, neither ImageDB.com nor any of Imagedb's subsidiary, successor, parent, affiliate, partner, officer, director, employee, contractor, content provider, licensor, distributor or agent shall be liable for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of the use or inability to use the images or otherwise, even if ImageDB.com has been advised of the possibility of such damages, costs or losses. Imagedb's maximum liability arising out of or in connection with the use of or inability to use the images shall, to the extent permitted by law, be limited to the license paid for the particular image.

iv The representations and warranties made by ImageDB.com in this agreement apply only to the images as delivered by ImageDB.com and will be invalid if the images are used in any manner not specifically authorized in this agreement.

VIII Waiver

No action of IMAGEDB, other than an express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of ImageDB.com in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by ImageDB.com of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy by ImageDB.com on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

IX Severability

Should any provision of this Agreement be found invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect. Such provisions shall be revised only to the extent necessary to make them enforceable.

X Entire Agreement

This Agreement contains all the terms of the license agreement for the Images. No terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by You, the terms of this Agreement shall govern.

XI Law and Venue

i This Agreement, and all matters collateral thereto, shall be governed by and construed in accordance with the laws of India, excluding the application of its conflicts of law rules, and any dispute arising hereunder shall be litigated solely in a court of competent jurisdiction in New Delhi, India. Notwithstanding the foregoing, this provision shall not prevent ImageDB.com, from addressing any competent court, tribunal or venue to which it might be entitled, in order to seek for interim measures or any other legal remedies.

ii This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.

The terms of this Agreement shall supersede and replace any other terms of use which may be included in any prepackaged Disk Product delivered to you by ImageDB.com.