This is a license agreement between you as the employer or other individual on whose behalf you come under this agreement and Fotobazaar.com
According to this agreement, the mention of “Image(s)” refers photographs, drawings, vectors available for license.
The mention of “Footage” refers any videos, moving images, animations, films or other visual/audio representations available in any format for licensing from Fotobazaar.com website.
By “Visual Content”, both Images and Footage are collectively referred.
This is a Terms of Service (“TOS”) between the customer and Fotobazaar.com for constituting the rights and obligations regarding any Visual Content licensed by you. Once you agree to the TOS, you give your consent with these terms to control your rights and obligations for all Visual Content licenses mentioned herein. Therefore, for purchasing any Visual Content, you are requested to revert to these TOS.
This is a single seat license agreement providing authorization of license to one person. For purchasing a team subscription, the number of users is limited for right to license, download and use visual content.
LICENSES FOR VISUAL CONTENT
You are hereby provided license for non-restricted and non-transferable right to use, change and reproduce Visual Content for eternity with obligation of applicable license and set forth limitations mentioned here:
STANDARD IMAGE LICENSE
You have the permission to use Images-
- On websites, for online advertising, mobile advertising, in social media, e-publications, mobile apps, video-sharing services including YouTube, Vimeo, Dailymotion etc.
- For printable physical forms including product packaging and labeling, selling advertising, business cards and letterheads, cover art for CD and DVD or for the advertisement of touchable media like newspaper, magazines and books, the restriction of total reproduction is 5,00,000 times in the aggregate.
- For any ‘out-of-house’ advertisement campaign less than 5,00,000 total impressions can be provided.
- For incorporating into advertisement, film, video or any multimedia production for publishing any medium as ‘Production’ regardless of the audience size.
- For personal use (nor for commercial use, resale. Distribute or download)
AN ADVANCED IMAGE LICENSE
Here you are given the right to use images:
- Under the Standard Image License, without any limitation of impression, reproduction or funds
- Merchandise purpose for selling or distributing promotional items without any limitations
- For decorative purpose with wall art in commercial places owned by you or your clients
RESTRICTIONS ON VISUAL CONTENT
You are restricted to use Visual Content –
- By ignoring the license provided with the Visual Content
- Persons depicted in Visual Content (“Model”) in the way that would appear offensive and related to pornography, adult entertainment, adult videos, escort services, dating services and similar acts; related to promotion for tobacco; related to political content; relating to suffering from mental or physical ailments or related to anything criminal or immoral activities.
- In deceptive, defamatory context or pornography that would be regarded as obscene, illegal or libelous
- Categorized as ‘Editorial Use Only’ for other purposes
- For reselling, redistributing, sharing or transferring purpose excluding any specification
- For trademark, logo, service mark or other purposes (in whole or part)
- In a way that disobeys any third party trademark or any other intellectual property
- Any ‘still’ taken from Footage excluding in-context promotion, marketing and advertisement derived from incorporating the Footage.
- For false claim about the creation of the Footage apart from the copyright holder(s)
CREDIT & COPYRIGHT AGREEMENTS
- In case of using Visual Content as ‘editorial’ purpose, it will be accompanied with ‘Name of Artist/fotobazaar.com”.
- Whenever applicable, the use of Visual Content for Production or Merchandise purpose should be accompanied with the credit to Fotobazaar.com.
- For other usages of Images, credits are not required unless another provided stock content is paid off for the same use.
- For all credit and attribution cases, the size, color and prominence should be clearly and easily detected by unaided eye.
WARRANTIES AND ILLUSTRATIONS
Fotobazaar.com warrants and illustrates that:
- The contributors of Fotobazaar.com provided all required rights of Visual Content to Fotobazaar.com as mentioned in Part I.
- Though Fotobazaar.com tries its best to ensure accuracy of description, keywords and integrity of Visual Content chosen as ‘Editorial Use Only’, it gives no warranties on the keywords, titles and description and audio footage. It takes no liability on the accuracy of keywords, titles, description or audio footage.
PART III LEGAL RESPONSIBILITY & INDEMNIFICATION
- If you breach any of the terms of this agreement or other agreement with Fotobazaar.com, it will not defend, protect or hold you’re harmless by applying “Limit of Liability” mentioned below. These indemnification and legal responsibility come from the direct damage of the customers for any third party claim attributing on Fotobazaar.com’ breach of warranty and representation as mentioned in Part II along with the related expenses. In case of indemnification, once you notify Fotobazaar.com in writing for any threatened claim or any other claim, it will take action no later than 5 business days from the date you inform. Such notification must add all details of the claims in your knowledge and send them via email along with a hard copy to Fotobazaar.com’ corresponding address. Your cooperation with Fotobazaar.com in resistance of such claim includes your right to contribute for any litigation at your own expenses. You have consent that Fotobazaar.com has no liability for legal or other costs brought upon you.
- During modification on the Visual Content made or used by you, Fotobazaar.com is not responsible for any damage, loss or costs.
- The responsibility of indemnification and protecting Fotobazaar.com, its employees, shareholders, managers, directors, and suppliers against any damage or liability arising from any use of Visual Content comes upon you. You hereby further agree to indemnify Fotobazaar.com for all expenses that are incurred due to your breaching of any term of this agreement.
PART IV ADDED TERMS
- Except the law of order, Fotobazaar.com shall not have any obligation to refund under any situation. If the company decides that you are entitled for a refund (full or partial), such payment will be made following the payment mode used by you during your purchase.
- The right of ‘Non-transferable’ Visual Content indicates that you cannot sell, load, rent, sublicense or other mode of transfer to anyone. However, for making one-time transfer of its Visual Content to third party for any print or manufacturing purpose of your goods, it comes under the terms and conditions herein. If you notice any Social Media platform using the Visual Content in such manner that surpasses your license, you consent to remove all the unoriginal works on Visual Content of Fotobazaar.com from the social media site. Moreover, you agree to provide assistance for preventing third party’s duplication of Visual Content.
- These TOS include the validity, interpretation and enforcement of its laws and in case of breaching its performance or related matters, it comes under the laws of the state. These TOS is not going to be affected by the United Nations Convention on Contracts for the International Sale of Goods and you have consent that service of process can be affected by registered or certified mails and their copies, postage prepaid or any other party; but nothing can affect the right on service of process permitted by law.
- When you enter under these TOS on behalf of other entity, you give your consent that you have full authority and right to do that. When you don’t have any authority, you are personally answerable to Fotobazaar.com for breaching the condition of these TOS.
- The numbers of download for the Visual Content are determined on your purchase of the product. As per the TOS purpose, twenty four (24) hours are referred as a day and thirty (30) consecutive days as a month in terms of beginning and making the purchase.
- In case it is found that any individual term of the agreement invalid or inapplicable for legal or regulatory organization of jurisdiction, such invalidity or inapplicability is solely limited on those individual terms where the rest of the part will remain unaffected and in full force.
- These TOS have been prepared solely on the purpose of mutual benefits where no rights, benefits or obligations are aimed for any third party.
- If any occurrence like breaching any agreement with Fotobazaar.com happens, Fotobazaar.com have full right to terminate your account without any prior information and it will not be liable to refund any fees for the termination of the account.
- Apart from any expressed description herein, Fotobazaar.com offers no rights and no warranties on the use of personally identifiable information appearing on the Visual Content, audio content, copyrighted designs, trademarks, or works of architecture or art visible on any Visual Content.
- Apart from the information provided in Part III in these TOS, in no other event, the total liability of Fotobazaar.com arises from or in connection of your use or inability to use Fotobazaar.com’ website and/or Visual Content go beyond the monetary amount originally received by Fotobazaar.com for its Visual Content license.
- Due to any loss of profits, general or special, punitive, indirect, consequential or incidental damage, cost of losses occurred for the use of Visual Content or breaching of its agreement, neither Fotobazaar.com nor any of its employees, members, managers, shareholders, directors or suppliers will be liable for you or any other entity unless Fotobazaar.com would be advised regarding the possibility of the loss, damage or cost.
- Fotobazaar.com does not provide any warranty on its websites, Visual Content or any other materials to meet your requirements or any error free or uninterrupted use. The risk of use, quality and performance of the Visual Content entirely comes on you.
- If you use any falsified credit card information or engage in any criminal activity that affects Fotobazaar.com, it will immediately inform the respective authority and deserve to take lawful action.