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Terms and ConditionsLast updated: 24 Nov, 2009These terms constitute a legal agreement between You and IndianStockMedia.com. ("IndianStockMedia.com" "Website" "We" "Our"). Please read this agreement ("agreement") in its entirety before you continue to use this website or purchase any image. If you do not agree to these terms and conditions, discontinue using the site. Ownership of our WebsiteThis website is owned and operated by IndianStockMedia.com. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and media ("Content"), is owned by IndianStockMedia.com, its licensors and its content providers. The use of this Website and it's Royalty Free Content We only provide and sell Royalty Free Photography on IndianStockMedia.com. We do not provide or sell any Rights Managed Photography. You warrant that You are of legal age to use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree that You are responsible for all of your use of the site including for the use of your account by others. Images, other than comp images, may only be used commercially once you have entered into a licence agreement and paid the relevant fee. Comp images may only be used for your internal layouts for sample purposes or for proofing presentations to end clients. IndianStockMedia.com does not grant you any licence to use these Images in any final materials distributed either internally or externally by yourself or your company, including any electronic or online system. Except for this limited, internal testing and sample use, IndianStockMedia.com grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any comp images. The Website contains text, graphics, photographs, images, moving images, sound, illustrations and media ("Content"), uploaded by its members. All Content and their descriptions and presentation in general on the Website are the property of either IndianStockMedia.com and/or its Members and are protected by international copyright laws. Use of these Images without license is prohibited. IndianStockMedia.com and its members do their best to provide accurate information on the Content and on the services of the Website, however against all our efforts there can be some typographical and technical errors on it. IndianStockMedia.com cannot be held liable for any losses or damages resulting from the inaccurary of any information on the Website. The use of Content is governed by the Royalty Free Content License agreement. Uploading Content Both parties acknowledge that You may upload Content to the Website, and IndianStockMedia.com will screen these uploads to see if they are suitable for distribution and sale. You acknowledge that under no circumstances can you demand money from IndianStockMedia.com or those using the Content for the use of said Content, if it has been purchased in accordance with the Website terms. You also acknowledge that the Content may be used for promotional purposes for the Website or your gallery on IndianStockMedia.com. This is only for marketing purposes that directly benefit the Website and our Members. Furthermore, You acknowledge that IndianStockMedia.com does not allow the upload of Content that infringe on any copyright, property right, trademark or any other applicable right. You are solely responsible for the Content You upload. You warrant that You own all proprietary rights regarding the Content, and as for Content depicting identifiable persons that You do your best to obtain a valid, legal and signed Model release from those parties to upload alongside the Content. You acknowledge that You are the Owner of any and all Content that You have uploaded to the Website under your account and membership terms. You acknowledge that even though We do our best to prevent it from happening, IndianStockMedia.com cannot be held responsible for the misuse or abuse of any Image or Media. We also reserve the right to remove any approved Content at any time if We believe it's defective, of poor quality or infringe's on any right. Serious copyright infringement issues such as uploading Content that do not belong to You and are identified as Copyright Infringement result in the termination of this Agreement, the termination of your membership, and possible criminal prosecution. Termination Both parties can terminate your membership account for any reason with a written notice and proof of identity. Upon termination IndianStockMedia.com removes all your Content from the Website. You acknowledge that because of copyright infringement or other kinds of serious - or even malicious - acts, you may face more serious consequences. Indemnification for Breach You agree to indemnify, defend, and hold harmless IndianStockMedia.com and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Content, your failure to abide by any restriction regarding the use of any Content, or any claim by a third party related to the use of any Content. Warranty and Liability THE WEBSITE AND THE CONTENT ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INDIANSTOCKMEDIA.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. INDIANSTOCKMEDIA.COM SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE CONTENT. Please Note: This agreement may be revised or updated without notice. You are advised to review it regularly. The most recent update date can be found at the beginning of this document. |