Terms of Use for Rajasthan Images

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The Contents of this document are:

Terms and Conditions of our website
Non-exclusive Rights License agreement
Exclusive Rights License agreement
Rajasthan Images’ Privacy Policy

Terms and Conditions of use of our website

Please read the following terms and conditions of service that you agree to, when you access www.rajasthanimages.com (henceforth referred to as “the website”), a service offered by Rajasthan Images, with its corporate office at Park Saroj, Yudhisthir Marg, C Scheme, Jaipur 302005, India. Your acceptance of these terms is an absolute condition of your use of the website and/or its any image and forms a legal agreement between you and Rajasthan Images. If you do not accept these terms and conditions, please immediately discontinue your access to the website and/or use of the service. By downloading an image from www.rajasthanimages.com, you agree to be bound by the terms of this agreement. Rajasthan Images reserves the right to change these terms and conditions at any time, and you agree to be bound by such changes.

Description of Service
Rajasthan Images provides time-unlimited free of charge services and paid services, as published in the “pricing” section of Rajasthan Images main website www.rajasthanimages.com. Rajasthan Images provides a platform (online as well as offline) for licensing of images, illustrations, content or software on various aspects relating to India, especially Rajasthan. It also provides photographers and illustrators a platform to display and license out their images or illustrations to end users.

Definitions

“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexure, privacy policy and will include the references to this agreement as awarded, notated, supplemented, varied or replaced from time to time.
“Rajasthan Images website” means the online shopping platform owned and operated by Rajasthan Images at the URL http:\www.rajasthanimages.com, which provides a venue to the users to take on license images, illustrations, content, and/or software.
"License" means a permission granted by Rajasthan Images (or the licensor) to the licensee to use the image or photograph for his own use, as per the terms and conditions, rights and restrictions specified in the relevant end-user license agreement.
"Licensor" means and includes Rajasthan Images.
"Licensee" means and includes you and/or any other person or any entity or member who has taken the image/s or photograph/s on license for his own use.
"Gallery Database": means any digital library or catalogue of Images maintained or accessed via Rajasthan Images through its website www.rajasthanimages.com which may be divided in any manner.
Image: means any visual representation generated optically, electronically, digitally or by any other means and features in the gallery Database.

Eligibility
Valid Membership/Registration
Images
Fees
Payment
Credit card payment
Orders

) Price
) Restricted reuse of service
) Cancellation of orders
) Delivery of order
) Delivery Schedules (Subject to payment realization)
f) Delivery Mechanism
) Order on Closed Days
) Urgent Requirements

Link to other Websites
Change in Terms and conditions
Termination of Agreement
You agree that:
- This agreement is effective until terminated by Rajasthan Images and Rajasthan Images reserves the right to terminate this agreement.
- Rajasthan Images may move change, suspend or end any part of the service provided by Rajasthan Images, Rajasthan Images reserves the right to terminate your membership and remove all the content in your account for reasons, including, but not limited.
- Violation of terms and conditions of service.
- Violation of any governing policy or law.
Security
Indemnity/Compensations
Feedback
Copyright
Privacy Policy
Governing Law and Jurisdiction

This agreement is governed by and construed in accordance with the judiciary laws of the republic of India as well as the state law of Rajasthan without giving effect to any principles or conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts/tribunals in Jaipur, Rajasthan, India, in all disputes arising out of or relating to the use of the Rajasthan Images sites services use of the Rajasthan Images sites/ services is unauthorized in any Jurisdiction that does give effect to all provisions of these terms and conditions including without limitation to this paragraph and each party irrevocably consents to such personal jurisdiction and all objections thereto.
It is mutually agreed by and between the parties that in the event of any disputes, or difference of any opinion in the matter of interpretation, execution or carrying out the objects and functions of this agreement, or any action which may be brought against RAJASTHAN IMAGES for alleged infringement, of the copyrights or trade secrets or related to any Intellectual Property Rights of between you, your company, your employer and/or your client (in the case you are an agent acting for a single client), as the case may be (collectively "YOU"), designs, and/or development, of the images, the same shall be referred to a sole arbitrator under the ARBITRATION AND CONCILIATION ACT, 1996 within two (2) months from the date of any dispute/s, who shall be appointed with joint concurrence of both the parties, and shall be appointed at the expense of you, your company, your employer and/or your client (in the case you are an agent acting for a single client), as the case may be (collectively "YOU"), who shall decide the matters, and whose decision shall be final and binding on the parties to the dispute. The arbitration shall be at Jaipur, Rajasthan or within its jurisdiction limits. Notwithstanding the foregoing, RAJASTHAN IMAGES shall 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 Licensee in the event that, in the opinion of RAJASTHAN IMAGES, such action is necessary or desirable. The Courts at Jaipur, Rajasthan, India will have the sole jurisdiction over the issues.

Disclaimer
Limited Warranty
Limitation of Liability
Refunds

If you are not satisfied with the quality of services(s) offered, please contact our customer care at www.rajasthanimages.com within two weeks of receipt.

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Non-Exclusive Rights License Agreement
THIS IS A LEGAL NON-EXCLUSIVE RIGHTS LICENSE AGREEMENT (hereinafter referred to as the "Agreement") between you, your company, your employer and/or your client (in the case you are an agent acting for a single client), as the case may be (collectively "YOU"),
AND RAJASTHAN IMAGES, a firm having its registered office at G1, Park Saroj, Yudhisthir Marg, C Scheme, Jaipur 302005, Rajasthan, India and/or each of its distributors, as the case may be. This license agreement applies, without limitation, to the website currently located at www.rajasthanimages.com, any international or other versions of the foregoing, future websites and/or any images delivered via any storage media.
Your acceptance of the terms and conditions detailed in this agreement is an absolute condition to your access to and use of any image(s) available on the website www.rajasthanimages.com. Downloading and/or using any image(s) from the gallery database, available at www.rajasthanimages.com, confirms your acceptance of these terms and forms a legal contract between you and Rajasthan Images. Rajasthan Images reserves the right to change any of the terms of this Agreement at any time, and you agree to be bound by such changes. If you do not agree to the following terms, as may be amended, do not download or use any Image(s).
AND WHEREAS the following provisions record the legal terms and conditions upon which Rajasthan Images, provides services, which facilitate the licensing of Images.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND RAJASTHAN IMAGES (“LICENSOR”). This agreement applies to license issued via the web and/or via any sales representatives, and is applicable to online, digital and analogue (physical) delivery of licensed material.

Now, therefore, in consideration of the foregoing, of the mutual covenants and agreements herein contained and of good and valuable consideration, the Parties hereto, intending legally to be bound, hereby agree as follows:

DEFINITIONS AND INTERPRETATIONS

"Gallery Database": means any digital library or catalogue of Images maintained or accessed via Rajasthan Images through its website www.rajasthanimages.com which may be divided in any manner.
Image: means any visual representation generated optically, electronically, digitally or by any other means and features in the Gallery Database.
Disclosed Agent: means the party who purchases the license on behalf of the Designated End User. The Disclosed Agent may be a design firm, freelancer, employee, or any other party contracted by the Designated End User. In some cases, the Disclosed Agent may be the same as the Designated End User. If the Disclosed Agent is NOT the same as the Designated End User, the Disclosed Agent acts as an agent for the Designated End User, and both parties are bound by these terms.
Designated End User: means the specific product, service or entity that is being promoted by the use of the image. After licensing a Non Exclusive Rights image for one, set price, the specific designated end-user may use the image in as many ways as they would like (with certain restrictions as specified in this license agreement) but no one except the designated end-user may do so.
Invoice: means the computer-generated or pre-printed invoice provided by RAJASTHAN IMAGES or an authorized distributor that may include, without limitation, the permitted scope of use of the Licensed Material selected, any limitations on the license in addition to those specified herein and the corresponding price for the license of such Licensed Material. The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.
License: means a Non-Exclusive Rights License.
Licensee: means the Disclosed Agent or the Designated End user.
License Fees: means any sum or sums actually received by RAJASTHAN IMAGES from the Licensee in respect of the License of an Image whether a single payment or a royalty paid over time.
Gross License Fee: means the gross amount billed to the Licensee.
Net License Fee: means the net amount billed to the Licensee.
Licensed Material: means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any Reproductions thereof, related write-up, description or content or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Licensee by RAJASTHAN IMAGES under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.
'Reproduction' and 'Reproduce': means any form of copying or publication of the whole or a part of any Licensed Material, via any medium and by whatever means, and the distortion or manipulation of the whole or any part of the Licensed Material and the creation of any derivative work from the Licensed Material.
User: means any employee or subcontractor of the Licensee who manipulates, edits, or modifies the original digital file containing the Licensed Material or incorporates the Licensed Material within any derivative work.

RIGHTS & RESTRICTIONS

Rights:

Licensee has the non-exclusive, non-transferable, non-sub licensable right to reproduce the Licensed Material identified in the Invoice an unlimited number of times in any and all media for the following purposes (together the "Permitted Uses") :

Advertising and promotional materials;
Broadcast and theatrical exhibitions;
Print publications and physical products;
Electronic publications including 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.
and any other uses approved in writing by RAJASTHAN IMAGES

Licensee has the right to have the Licensed Material reproduced by subcontractors of Licensee, provided that Licensee ensures that such subcontractors agree to abide by the provisions of this Agreement.
Licensee may alter, crop, manipulate and create derivative works of the Licensed Material.
Licensee's rights to the Licensed Material are worldwide and perpetual.

Restrictions

Licensee may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement but Licensee may sell or license derivative works incorporating the Licensed Material. However, Licensee may not include the Licensed Material in an electronic template intended to be reproduced by third parties on electronic or printed products.
The Licensee may use the Image for any items for resale, including but not limited to, posters, book covers and consumer merchandise, provided these products are not intended to allow the re-distribution or re-use of the Image.
Licensee may not sell, license or distribute any derivative work containing the Licensed Material in a way that would allow a third party to download, extract or access the Licensed Material as a standalone file.
Licensed Material shall not be incorporated into a logo, trademark or service mark.
Licensee may not post the Licensed Material online in a downloadable format or enable it to be distributed via mobile telephone devices.
If any Licensed Material featuring a model is used in
The Licensed Material: The Licensee agrees not to use the image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, either by making physical changes to it, or in the juxtaposition to accompanying text. You agree not to use RAJASTHAN IMAGES as part of any use involving sensitive subject matter, as determined by RAJASTHAN IMAGES, including but not limited to the following sensitive subjects: all sexual issues including but not limited to sex related products and services, sexually transmitted diseases, substance abuse, alcohol, tobacco, AIDS, cancer, mental ailments, homosexual or alternative lifestyles issues, and physical or mental abuse, without advance written consent from RAJASTHAN IMAGES and any model in such Image. Sensitive subject usage pertains to both commercial and editorial uses.
Licensee must abide by any restriction on use notified to it by RAJASTHAN IMAGES before or at the time of delivery of the Licensed Material, either in the information accompanying the Licensed Material or otherwise.
If the Licensed Material is used in an editorial manner, Licensee must include the following credit adjacent to the Licensed Material: "Rajasthan Images".
While efforts have been made to correctly caption the subject matter of the Licensed Material, RAJASTHAN IMAGES does not warrant the accuracy of such information.
Agents are granted the rights listed in this agreement provided that these rights are used solely in a final product published by a single client as the final end user.

Conditions

Copyright: No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, RAJASTHAN IMAGES grants Licensee no right or license, express or implied, to the Licensed Material.
Condition of Licensed Material: Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. Without prejudice to other provisions of this Agreement, RAJASTHAN IMAGES shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its reproduction.
Designated End User: Proper identification of the Designated End User is a material term of this Agreement. No rights are granted until the Designated End User is identified to RAJASTHAN IMAGES. RAJASTHAN IMAGES reserves the right to revoke this License Agreement at any time if, in RAJASTHAN IMAGES sole discretion, the Designated End User has not been identified properly.
Releases: RAJASTHAN IMAGES will notify the Licensee if it has obtained a model release and/or a property release for the Licensed Material. If no such notification is given, then no such model or property release has been obtained. Except where Licensee is specifically notified, RAJASTHAN IMAGES grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, registered, unregistered and copyrighted designs or works of art or architecture depicted in any Licensed Material. Where Licensed Material is unreleased, Licensee shall be solely responsible for determining whether a release is required in connection with any proposed use of such Licensed Material. Licensee acknowledges that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes without their consent. RAJASTHAN IMAGES makes no representations or warranties as to whether or not any additional fees or payments may be due to any model depicted in Licensed Material pursuant to the requirements of any applicable trade union and Licensee shall be solely responsible for any such additional fees or payment to such trade union.
RAJASTHAN IMAGES has the right to publish the name, logo or copy of advertisement of the Designated End User "The Client" on its website(s), advertisements for print or electronic media, and on all kinds of promotional materials solely meant for the purpose to show the list of Clients who have licensed images from RAJASTHAN IMAGES. However, if the Licensee does not want RAJASTHAN IMAGES to use the Client's name in any such manner, then the Licensee must mail a letter with the stamp/seal of the company for such a request.
Specific Terms & Conditions
REPRESENTATIONS AND WARRANTIES

RAJASTHAN IMAGES

It has all necessary rights and authority to enter into and perform this Agreement;
The Licensed Material will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Material); and
the Licensee's use of the Licensed Material in its original form and when used in accordance with this Agreement and the Invoice, will not infringe on any copyright, moral right, and will not violate any right of privacy or right of publicity.
RAJASTHAN IMAGES makes no other warranties, express or implied, regarding the licensed material, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. RAJASTHAN IMAGES shall not be liable to Licensee or 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 licensee's use of the licensed material or otherwise, even if RAJASTHAN IMAGES has been advised of the possibility of such damages, costs or losses. RAJASTHAN IMAGES maximum liability arising out of or in connection with licensee's use of or inability to use the licensed material (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to the actual value paid by the licensee for the licensed material.
The representations and warranties made by RAJASTHAN IMAGES in this agreement applies only to the licensed material as delivered by RAJASTHAN IMAGES and will be invalid if the licensed material is used by licensee in any manner not specifically authorized in this agreement or if Licensee is otherwise in breach of this agreement in any manner.

INDEMNITY

Provided that the Licensed Material is only used in accordance with this Agreement and Licensee is not otherwise in breach of this Agreement, RAJASTHAN IMAGES shall defend, indemnify and hold Licensee harmless from all damages (excluding punitive damages), liabilities and expenses (including reasonable attorney's fees and permitted and authorized costs), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding alleging that RAJASTHAN IMAGES is in breach of its warranties given in heading V (Representation and warranties) above. The foregoing states RAJASTHAN IMAGES entire indemnification obligation under this agreement and Licensee's sole and exclusive remedy for any alleged or actual breach of the representations and warranties set forth in section heading V (Representation and warranties) above.
Licensee shall defend, indemnify and hold RAJASTHAN IMAGES and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys' fees and permitted and authorized costs), arising out of or as a result of claims by third parties relating to Licensee's use of any Licensed Material outside the scope of this Agreement or any other breach by Licensee of this Agreement.
The party seeking indemnification pursuant to this section shall promptly notify the other party of such claim. At indemnifying party's option, indemnifying party may assume the handling, settlement or defense of any claim or litigation, in which event indemnified party shall cooperate in the defense thereof. Indemnified party shall have the right to participate in such litigation, at its expense, through counsel selected by indemnified party. The indemnifying party will not be liable for legal fees or other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.

TERMINATION AND REVOCATION

The license contained in this Agreement will terminate automatically without notice from RAJASTHAN IMAGES, if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately
1. stop using the Licensed Material;
2. destroy or, upon the request of RAJASTHAN IMAGES, return the Licensed Material to RAJASTHAN IMAGES; and
3. delete or remove the Licensed Material from Licensee's premises, computer systems and storage (electronic or physical).
4. RAJASTHAN IMAGES reserves the right to revoke the license to use the Licensed Material for good cause and elect to replace such Licensed Material with alternative Licensed Material. Upon notice of any revocation of a license for any particular Licensed Material, Licensee shall immediately cease using such Licensed Material and shall where possible ensure that its clients and customers do likewise.
MISCELLANEOUS

Unauthorized Use:
Any use of Licensed Material in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling RAJASTHAN IMAGES to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to RAJASTHAN IMAGES, other remedies under this Agreement, RAJASTHAN IMAGES reserves the right to charge and Licensee agrees to pay a fee equal to three times RAJASTHAN IMAGES normal license fee for use of the Licensed Material.
Applicable Law:
This agreement is made under, and will be governed by, and construed in accordance with, the laws of India as well as the state law of Rajasthan without reference to its laws relating to conflicts of law. Exclusive jurisdiction for all disputes arising out of, or relating to, this agreement shall be the city of Jaipur in the state of Rajasthan, India and each party irrevocably consents to such personal jurisdiction and all objections thereto.
Governing Law:
It is mutually agreed by and between the parties that in the event of any disputes, or difference of any opinion in the matter of interpretation, execution or carrying out the objects and functions of this agreement, or any action which may be brought against RAJASTHAN IMAGES for alleged infringement, of the copyrights or trade secrets or related to any Intellectual Property Rights of between you, your company, your employer and/or your client (in the case you are an agent acting for a single client), as the case may be (collectively "YOU"), designs, and/or development, of the images, the same shall be referred to a sole arbitrator under the ARBITRATION AND CONCILIATION ACT, 1996 within two (2) months from the date of any dispute/s, who shall be appointed with joint concurrence of both the parties, and shall be appointed at the expense of you, your company, your employer and/or your client (in the case you are an agent acting for a single client), as the case may be (collectively "YOU"), who shall decide the matters, and whose decision shall be final and binding on the parties to the dispute. The arbitration shall be at Jaipur, Rajasthan or within its jurisdiction limits. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. Notwithstanding the foregoing, RAJASTHAN IMAGES shall 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 Licensee in the event that, in the opinion of RAJASTHAN IMAGES, such action is necessary or desirable. The Courts/Tribunals at Jaipur, Rajasthan, India will have the sole jurisdiction over the issues.
Severability:
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver:
No action of RAJASTHAN IMAGES, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of RAJASTHAN IMAGES 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 RAJASTHAN IMAGES 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 on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
Entire Agreement:
This Agreement, including the Invoice, contains all the terms of the license agreement and 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 Licensee, the terms of this Agreement shall prevail.

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Exclusive Rights License Agreement

DEFINITIONS AND INTERPRETATIONS

Exclusive Rights: The "Designated End User" shall have the exclusive right to use the image as purchased to the exclusion of all others for the "Specific Time Period" of the license mentioned while purchasing of the licensed material with Exclusive Rights.
"Gallery Database": means any digital library or catalogue of Images maintained or accessed via Rajasthan Images through its website www.rajasthanimages.com which may be divided in any manner.
Image: means any visual representation generated optically, electronically, digitally or by any other means and features in the Gallery Database.
Invoice: means the computer-generated or pre-printed invoice provided by RAJASTHAN IMAGES or an authorized distributor that may include, without limitation, the permitted scope of use of the Licensed Material selected, any limitations on the license in addition to those specified herein and the corresponding price for the license of such Licensed Material. The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.
License: means an Exclusive Rights License.
Licensee: means the Disclosed Agent or the Designated End user.
License Fees: means any sum or sums actually received by RAJASTHAN IMAGES from the Licensee in respect of the License of an Image whether a single payment or a royalty paid over time.
Gross License Fee: means the gross amount billed to the Licensee.
Net License Fee: means the net amount billed to the Licensee.
Licensed Material: means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any Reproductions thereof, related write-up, description or content or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Licensee by RAJASTHAN IMAGES under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.
Disclosed Agent: means the party who purchases the license on behalf of the Designated End User. The Disclosed Agent may be a design firm, freelancer, employee, or any other party contracted by the Designated End User. In some cases, the Disclosed Agent may be the same as the Designated End User. If the Disclosed Agent is not the same as the Designated End User, the Disclosed Agent acts as an agent for the Designated End User, and both parties are bound by these terms.
Designated End User: means the specific product, service or entity that is being promoted by the use of the image. During the purchase process of an image, you will be asked to identify that specific "End User" of the image. If you are an ad agency or graphic designer working on a project for a specific client, it is that client and/or the specific product or service they are promoting who is the "End User" of the image. After licensing an Exclusive Rights image for one, set price, the specific Designated End User may use the image in as many ways as they would like for a "Specific Time Period"(with certain restrictions, see license) but no one except the designated end-user may do so.
Property Release: means any written release from the owner and/or occupier of any property whose permission is necessary or desirable for Images incorporating in whole or in part that property to be published in any jurisdiction in the world.
Model Release: means a legal document that entitles RAJASTHAN IMAGES to use images with recognizable person or persons without penalty or further claim.
Reproduction and Reproduce: means any form of copying or publication of the whole or a part of any Licensed Material, via any medium and by whatever means, and the distortion or manipulation of the whole or any part of the Licensed Material and the creation of any derivative work from the Licensed Material.
Specific Time Period: means the time period for which that image would be removed from the gallery database (www.rajasthanimages.com) and nobody else can buy that image for that time period. Price for Exclusive Rights depends only on the Time Period for which the designated end user needs exclusivity for that image. The specific time period will be 1 year.

RIGHTS & RESTRICTIONS

Unless stated otherwise in the Invoice, RAJASTHAN IMAGES grants to Licensee an Exclusive, non-sub licensable and non-assignable right to use and reproduce the Licensed Material identified in the Invoice, solely to the extent explicitly stated in this Agreement for the "Specific Time Period" as mentioned in the agreement. Subcontractors of Licensee may exercise this right, provided that such subcontractors agree to abide by the terms of this Agreement.
The license will automatically terminate, unless terminated earlier, at the end of the license period, i.e. "Specific Time Period"
Use of the Licensed Material is strictly limited to the period of time and any other restrictions specified in the Invoice. Licensee may utilize the Licensed Material in any production process that may be necessary for the intended use specified in the Invoice.
Rajasthan Images grants to Licensee an Exclusive Right to use one single image only (i.e. Image ID purchased) and NOT for any other similar image(s) with same model(s), same location, same lighting, same set-up, same pose, same expressions, etc. Although we try not to put two exactly similar images on our website but we do not take any guarantee about two images being exactly similar with different image ID's. Exclusive Rights are granted for that specific image ID only. So if you want complete exclusivity of the entire concept, then you must also buy the Exclusive Rights of other similar image(s) with different image ID's or contact us to know the history of images similar to the image ID you are buying.
While RAJASTHAN IMAGES makes efforts to correctly caption the subject matter of the Licensed Material, RAJASTHAN IMAGES does not warrant that such information is accurate.
RAJASTHAN IMAGES makes no warranty for presence of similar images on other parts of its website (www.rajasthanimages.com) which are similar in people, pose, expressions, location, composition, etc. as to the image ID purchased. Someone else might have already purchased the Exclusive Right or Non-Exclusive Right to use that image, which might look similar to the image you have purchased. So if Exclusivity of the entire concept of the image you are purchasing is critical for the project, then you must contact us to know the history of the similar images or/and to buy the Exclusive Rights of all the similar image(s).
Licensed Material may be cropped but shall not, under any circumstances, otherwise be altered, changed or tampered with, either manually or electronically, without RAJASTHAN IMAGES express written permission.
Upon reasonable notice, RAJASTHAN IMAGES may inspect any records, accounts and books relating to the Reproduction of any of the Licensed Material to ensure that the Licensed Material is being used in accordance with this Agreement.
Licensee grants to RAJASTHAN IMAGES, the irrevocable, perpetual, royalty-free, non-exclusive right and license to use final elements solely for the promotion of RAJASTHAN IMAGES or any of its subsidiaries. For purposes of this paragraph, "Final Elements" shall mean any end product produced by Licensee pursuant to this Agreement, including but not limited to use in magazines, books, feature films, television productions and other print.
Licensed Material shall not be used contrary to any restriction on use provided to Licensee prior to or at the time the Licensed Material is delivered to Licensee. Such restrictions may be included in the information provided with the Licensed Material on RAJASTHAN IMAGES website or in any other communication by RAJASTHAN IMAGES. Any such restriction provided to Licensee shall be incorporated into and become part of this Agreement.
The Licensee agrees not to use the image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, either by making physical changes to it, or in the juxtaposition to accompanying text. You agree not to use RAJASTHAN IMAGES as part of any use involving sensitive subject matter, as determined by RAJASTHAN IMAGES, including but not limited to the following sensitive subjects: all sexual issues including but not limited to sex related products and services, sexually transmitted diseases, substance abuse, alcohol, tobacco, AIDS, cancer, mental ailments, homosexual or alternative lifestyles issues, and physical or mental abuse, without advance written consent from RAJASTHAN IMAGES and any model in such image. Sensitive subject usage pertains to both commercial and editorial uses. Contact RAJASTHAN IMAGES for verification of model releases. Availability of model releases does not grant the right to use an image in any sensitive issues mentioned above.

CONDITIONS

Photo Credit and Intellectual Property:

Copyright: RAJASTHAN IMAGES owns all copyrights in the Licensed Material. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the License contained in this Agreement. Except as expressly stated in this Agreement, RAJASTHAN IMAGES grants Licensee no right or license, express or implied, to the Licensed Material.
Photo Credit: The following photo credit must appear adjacent to the use of Licensed Material for the Editorial purpose: "rajasthanimages.com". If Licensee omits the credit, Licensee will be charged an additional fee equal to one hundred percent (100%) of the license fee.
Trademarks: In connection with the use of "RAJASTHAN IMAGES" or any other of RAJASTHAN IMAGES trade names, trademarks, logos or service marks ("Marks"), Licensee acknowledges and agrees that

RAJASTHAN IMAGES and Rajasthan Images Marks are and shall remain the sole property of RAJASTHAN IMAGES,
Nothing in this Agreement shall confer upon Licensee any right of ownership in RAJASTHAN IMAGES Marks and
Licensee shall not now or in the future contest the validity of RAJASTHAN IMAGES Marks.

Notice of Violations: Licensee will immediately notify RAJASTHAN IMAGES, if it becomes aware or suspects that any third party is wrongfully using the Licensed Material, in whole or in part, or is violating any of RAJASTHAN IMAGES intellectual property rights, including, but not limited to, Marks and Copyrights.
Releases: RAJASTHAN IMAGES gives no rights and makes no warranties with regard to the use of people, names, trademarks, logos, registered, unregistered or copyrighted designs or works of art depicted in any Licensed Material. Unless otherwise agreed in writing, no model, property, team logo, trademark or other releases are delivered by RAJASTHAN IMAGES in connection with the delivery of Licensed Material hereunder. As to any release delivered with any Licensed Material, RAJASTHAN IMAGES makes no representation, warranty or guarantee as to its sufficiency with regard to any use of the Licensed Material made by Licensee. Licensee bears the responsibility of obtaining all necessary individual, property, team logo, trademark and other releases, approvals and clearances from third parties prior to using the Licensed Material.
Licensee acknowledges that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes without their consent. RAJASTHAN IMAGES makes no representations or warranties as to whether or not any additional fees or payments may be due to any model depicted in Licensed Material pursuant to the requirements of any applicable trade union and Licensee shall be solely responsible for any such additional fees or payment to such trade union.
Symbol: Licensee must retain the copyright symbol ©, the name of RAJASTHAN IMAGES, the Licensed Material's identification number and any other information as may be invisibly embedded in the electronic file containing the original Licensed Material.
Restrictions: Licensee must abide by any restriction on use notified to it by RAJASTHAN IMAGES, before or at the time of delivery of the Licensed Material, either in the information accompanying the Licensed Material or otherwise.
Material: If the Licensed Material is used in an editorial manner, Licensee must include the following credit adjacent to the Licensed Material: "www.rajasthanimages.com/RAJASTHAN IMAGES".
Accuracy: While efforts have been made to correctly caption the subject matter of the Licensed Material, RAJASTHAN IMAGES does not warrant the accuracy of such information.
Rights: Agents are granted the rights listed in this agreement provided that these rights are used solely in a final product published by a single client as the final "Designated End User".
Condition of Licensed Material: Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. Without prejudice to other provisions of this Agreement, RAJASTHAN IMAGES shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.
Designated End User: Proper identification of the "Designated End User" is a material term of this Agreement. No rights are granted until the "Designated End User" is identified to RAJASTHAN IMAGES. RAJASTHAN IMAGES reserves the right to revoke this License Agreement at any time if, in RAJASTHAN IMAGES sole discretion, the Designated End User has not been identified properly
Specific Time Period: This agreement between, "LICENSEE" and "RAJASTHAN IMAGES" is valid for "Specific Time Period" only as an Exclusive Rights License Agreement. Unless the "Licensee" repurchases the Exclusive Rights for that image by paying the current price for Exclusive Rights License Agreement at least 15 days prior to the last day of the "Specific Time Period", the Licensee will no more retain the Exclusive Rights to use that image. Thereafter the "Licensee" may keep on using the image under the Non-Exclusive Rights License Agreement and RAJASTHAN IMAGES will place that image for sale as a Non-Exclusive image in it's online and offline image database to other Clients.

Consideration

Specific Terms & Conditions: No rights are granted until the invoice is paid in full. A service charge of two percent (2%) per month, or such lesser amount allowed by law, will be charged thereafter on any unpaid balance. Any claims for adjustment of terms must be made to RAJASTHAN IMAGES within five (5) days of the receipt of the invoice, or the invoice will be deemed accepted. Prices can be found on RAJASTHAN IMAGES'S website or by calling RAJASTHAN IMAGES.
Upgrading of Exclusive Rights License Agreement: If the “Licensee” wants to upgrade the period of Exclusive Rights Usage, then the “Licensee” must pay the total amount afresh (not balance) to RAJASTHAN IMAGES at least 15 days prior to the last day of the “Specific Time Period”. Paying the balance amount cannot renew this. “Licensee” must pay the current price for the “Specific Time Period”, which may be greater than the price for which the Exclusive Rights were taken. For instance, if the Exclusive Rights for an image was taken for “one year” and the “Licensee” wants to continue this till for another one year than the “Licensee” is bound to pay the current price prevailing at that point of time when the image is again taken on license. If the payment is not received and realized in full, RAJASTHAN IMAGES can give the Non-Exclusive Rights of that image to any other “Licensee” the day that Exclusive Rights contract expires.

REPRESENTATIONS AND WARRANTIES

It has all necessary rights and authority to enter into and perform this Agreement;
The Licensed Material will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Licensed Material); and
Licensee's use of the Licensed Material in its original form, and if used in accordance with this Agreement and the Invoice, will not infringe on any copyrights or moral rights of any person or entity.
Other than as expressly set forth herein, Rajasthan Images makes no representation or warranty of any kind, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, regarding

the licensed material
caption information accompanying licensed material,
third-party digital delivery systems,
the availability or operation of the digital archive whether accessed via the internet or otherwise or
the availability or operation of equipment, software or service provided by third parties. RAJASTHAN IMAGES shall not be liable to licensee or any other person or entity for any general, punitive, special, indirect, consequential, incidental, lost profits or other damages arising out of this agreement, even if RAJASTHAN IMAGES has been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages.

The representations and warranties made by RAJASTHAN IMAGES in this agreement apply only to the licensed material as delivered by RAJASTHAN IMAGES and will be invalid if the licensed material is used by licensee in any manner not specifically authorized in this agreement or if licensee is otherwise in breach of this agreement.

INDEMNITY

RAJASTHAN IMAGES: Provided Licensed Material is only used in accordance with this Agreement and Licensee is not otherwise in breach of this Agreement, RAJASTHAN IMAGES. shall defend, indemnify and hold Licensee and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employee’s harmless from all damages (except punitive damages), liabilities and expenses (including reasonable attorneys' fees and permitted and authorized cost’s) arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding alleging that the possession, distribution or use of the Licensed Material by Licensee pursuant to and in accordance with this Agreement infringes on any copyright of any third party. The foregoing states RAJASTHAN IMAGES entire indemnification obligation under this agreement and Licensee's sole and exclusive remedy for any alleged or actual breach of the representations and warranties set forth in representations and warranties above.
Licensee: Licensee shall defend, indemnify and hold RAJASTHAN IMAGES and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages (except punitive damages), liabilities and expenses (including reasonable attorneys' fees and permitted and authorized costs) arising out of or as a result of claims by third parties relating to Licensee's use of any Licensed Material or any breach of this Agreement.
Notice of Defense: The party seeking indemnification hereunder shall promptly notify the other party of such claim. The cost of defense shall be borne by the indemnifying party. At indemnifying party's option, indemnifying party may assume the handling, settlement or defense of any claim or litigation, in which event indemnified party shall cooperate in the defense thereof. Indemnified party shall have the right to participate in such litigation, at its expense, through counsel selected by indemnified party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the pending action for which indemnity is sought.
TERMINATION AND REVOCATION

The license contained in this Agreement will terminate automatically without notice from RAJASTHAN IMAGES if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately
stop using the Licensed Material;
destroy or, upon the request of RAJASTHAN IMAGES, return the Licensed Material to RAJASTHAN IMAGES; and
delete or remove the Licensed Material from Licensee's premises, computer systems and storage (electronic or physical).
RAJASTHAN IMAGES reserves the right to revoke the license to use the Licensed Material for good cause and elect to replace such Licensed Material with alternative Licensed Material. Upon notice of any revocation of a license for any particular Licensed Material, Licensee shall immediately cease using such Licensed Material and shall where possible ensure that its clients and customers do likewise.

MISCELLANEOUS

Applicable Law: This agreement is made under, and will be governed by, and construed in accordance with, the laws of India as well as the state law of Rajasthan without reference to its laws relating to conflicts of law. Exclusive jurisdiction for all disputes arising out of, or relating to, this agreement shall be the city of Jaipur in the state of Rajasthan, India and each party irrevocably consents to such personal jurisdiction and all objections thereto.
Governing Law: It is mutually agreed by and between the parties that in the event of any disputes, or difference of any opinion in the matter of interpretation, execution or carrying out the objects and functions of this agreement, or any action which may be brought against RAJASTHAN IMAGES for alleged infringement, of the copyrights or trade secrets or related to any Intellectual Property Rights of between you, your company, your employer and/or your client (in the case you are an agent acting for a single client), as the case may be (collectively "YOU"), designs, and/or development, of the images, the same shall be referred to a sole arbitrator under the ARBITRATION AND CONCILIATION ACT, 1996 within two (2) months from the date of any dispute/s, who shall be appointed with joint concurrence of both the parties, and shall be appointed at the expense of you, your company, your employer and/or your client (in the case you are an agent acting for a single client), as the case may be (collectively "YOU"), who shall decide the matters, and whose decision shall be final and binding on the parties to the dispute. The arbitration shall be at Jaipur, Rajasthan or within its jurisdiction limits. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. Notwithstanding the foregoing, RAJASTHAN IMAGES shall 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 Licensee in the event that, in the opinion of RAJASTHAN IMAGES, such action is necessary or desirable. The Courts at Jaipur, Rajasthan, India will have the sole jurisdiction over the issues.
Unauthorized Use: Any use of Licensed Material in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling RAJASTHAN IMAGES to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. Licensee agrees to indemnify and hold RAJASTHAN IMAGES (including its parent, affiliate and subsidiary companies and their respective directors, officers, employees and agents) harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner whatsoever from Licensee's unauthorized use of any Licensed Material or for Licensee's breach of any of the terms of this Agreement.
Electronic Storage: For all Licensed Material that Licensee takes delivery of in electronic form, Licensee must retain the copyright symbol, the name of RAJASTHAN IMAGES and the image number or other identification number associated with the Licensed Material as may be included as part of the electronic file. Licensee may not make additional high-resolution copies of the Licensed Material and Licensee will maintain a robust firewall to safeguard against unauthorized third-party access to the Licensed Material. Notwithstanding the foregoing, Licensee may make one (01) high-resolution backup copy of the Licensed Material for security reasons only. Upon the expiration or earlier termination of this Agreement, Licensee shall promptly delete the Licensed Material from its computer or other electronic storage systems and shall ensure that its sub-contractors do likewise.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver: No action of RAJASTHAN IMAGES, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of RAJASTHAN IMAGES, 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 RAJASTHAN IMAGES 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 on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
Entire Agreement: This Agreement, including the Invoice, contains all the terms of the license agreement and 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 Licensee, the terms of this Agreement shall govern.

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Rajasthan Images Privacy Policy

Personal Information

When you register with the Rajasthan Images website, we require you to provide us with information such as your name, address, occupation, company name, your e-mail ID and telephone number. This will be used to contact the registered member, whenever necessary, for the purpose of providing or fulfilling the service. This information will be used to inform you about updates, promotions, schemes and new services related to Rajasthan Images and its partner/subsidiaries or affiliates.
The registered user or member may opt out of receiving information about future updates, promotions, schemes and new services related to Rajasthan Images and its partner/subsidiaries or affiliates by selecting the relevant option at the time of registration. This option can be modified at a later date by the member.
Rajasthan Images shall not sell or lease your personal information to third parties, without your permission, except when we are required by law. However, we may need to provide your name and delivery address to third parties that Rajasthan Images uses for delivery purposes.
Rajasthan Images 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.

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