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TERMS
AND CONDITIONS OF USE OF OUR WEB SITE |
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. |
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| Ownership of our site |
This
site is operated by Dinodia Photo Library Pvt. Ltd.,
13-15 Vithoba Lane, Vithalwadi, Kalbadevi, Mumbai-400002.
All the rights on the content included in our website
such as images, text, graphics, illustrations and
software (the" Content") are owned by Dinodia
Photo Library Pvt. Ltd. or its licensors. All elements
of Dinodia Photo Library Pvt. Ltd. website, including
without limitations, the design and the Content are
protected by industrial and intellectual property
laws and international treaties. |
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| Use of the Content |
Unless
explicitly permitted by Dinodia Photo Library Pvt.
Ltd., 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 Dinodia
Photo Library Pvt. Ltd. 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. |
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| Disclaimers |
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Although Dinodia Photo Library
Pvt. Ltd. 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. Dinodia Photo Library Pvt. Ltd. may change
the Content of this site, at any time, without prior
notice.
In no
event shall Dinodia Photo Library Pvt. Ltd. be liable
to you for any damages of any kind arising out of
or in connection with the use of this site. |
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| 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 Mumbai, 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. |
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(Comping
License Agreement - Rights Managed Images & Royalty
Free Images) |
This
is a legal agreement between you and Dinodia Photo
Library Pvt. Ltd. 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. |
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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. |
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| All
the images included in this site are copyrighted and
all rights to these images are owned by Dinodia Photo
Library Pvt. Ltd. and its licensors. All rights that
are not specifically granted to you by this agreement
are reserved. |
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I |
Grant of License for
Comping Use Only |
| i |
By
this Agreement, Dinodia Photo Library Pvt. Ltd. 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. |
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| II |
Unauthorized Uses |
| i |
By the present agreement, you are
not granted the rights to: |
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use the Images for any advertising,
promotional or editorial use or any commercial
application of the Images |
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create derivative works, being anything sourced
from or referenced from a pre-existing Image |
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license, sell, publish or distribute any of
the Images in whole or in part |
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place the Images On-line in a downloadable,
FTP or other similar format |
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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 |
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use the Images or allow the use of the Images
in any way that violates the right to privacy
or publicity |
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use the Images for any other purposes than the
ones specifically granted in paragraph 1 |
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| ii |
Without
limiting Dinodia Photo Library Pvt. Ltd’s rights
on the Images, any unauthorized use of Images constitutes
copyright infringement entitling Dinodia Photo Library
Pvt. Ltd. to exercise all rights and remedies under
applicable copyright laws and treaties. |
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| iii |
You
agree to indemnify and hold Dinodia Photo Library
Pvt. Ltd. harmless from any and all claims, liabilities,
damages, costs and expenses including lawyer’s
fees, arising from any unauthorized use of an Image. |
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III |
Divisibility & Severability |
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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. |
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Indemnity |
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You agree
to indemnify and hold Dinodia Photo Library Pvt. Ltd.
harmless from any and all claims, liabilities, damages,
costs and expenses including lawyer's fees, arising
from any unauthorised use of an Image. |
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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 Mumbai,
India. Notwithstanding this, this shall not preclude
Dinodia Photo Library Pvt. Ltd. from reserving the
right to resolve a dispute in another competent jurisdiction. |
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| 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. |
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(End-User
License Agreement – Rights Managed Images &
Royalty Free Images) |
This
is a legal agreement between you and Dinodia Photo
Library Pvt. Ltd. Please read this agreement carefully.
By downloading and/or using any image 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 download or use any image
contained in this site. |
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| If
you are entering into this agreement on behalf of
your employer and/or principal, this license and all
the restrictions and limitations recited herein apply
to your employer and/or principal as well as to you
as a representative and/or agent of your employer
and/or principal. You hereby further warrant and represent
to Dinodia that you have full and express authority
to enter into this agreement on behalf of your employer
and/or principal and that you will not use any image
obtained from Dinodia for the benefit of any other
person or entity without entering into a separate
license with Dinodia. |
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| All
images are copyrighted and all rights to these images
are owned by Dinodia and its licensors. Dinodia retains
all rights not specifically granted to you by this
agreement. Your right to use any rights managed or
royalty free product/image is subject to your full
payment of the license and the restrictions set forth
in this agreement. |
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I |
Definitions |
| i |
In this Agreement the following
terms should have the following meanings: |
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Image: means any visual representation
generated optically, electronically, digitally
or by any other means and which is licensed
by DINODIA according to the terms of the present
license agreement. |
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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. |
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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. |
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| II |
Rights Granted |
| A |
For Rights Managed Images |
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| i |
Conditioned
upon your full payment of the license and your
compliance with the terms of the Invoice and
this Agreement (including all restrictions),
DINODIA 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. |
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| 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 DINODIA 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. |
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| 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. |
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| 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. |
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| 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. |
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| vi |
The
following credit line is required for any editorial
use of any RM Image "©[Photographer's
name]/[DINODIA]" For commercial uses, you
shall include the credit described above when
customary and appropriate. |
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| B |
For Royalty Free Images |
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| i |
Conditioned
upon your full payment of the license and your
compliance with the terms of the invoice and
this Agreement (including all restrictions),
DINODIA 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 images (regardless of the form in or media
on which the Royalty Free 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: |
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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). |
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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. |
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| NOTE: IMAGES ARE
NOT SOLD; THEIR USE IS LICENSED TO YOU. |
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| III |
Restrictions on Use |
| A |
For Rights Managed Images |
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| 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 DINODIA 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. |
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| ii |
DINODIA reserves
the right not to license any RM Image for any
reason whatsoever. |
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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. |
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| 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. |
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| B |
For Royalty Free Images |
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| 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. |
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| 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 DINODIA; 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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 DINODIA 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. |
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| 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 DINODIA'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. |
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| 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]/[DINODIA]" |
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| 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 DINODIA
to exercise all rights and remedies available under
all applicable laws. |
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| 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 DINODIA to exercise all rights
and remedies available to it under copyright laws
around the world. |
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| 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 DINODIA 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 RM Image or Royalty Free 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). |
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| V |
Releases |
| i |
The
rights that DINODIA grants do not include a license
to, and DINODIA 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 DINODIA.
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. |
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| ii |
When
DINODIA states in writing that a model or property
release exists for any particular image, DINODIA 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. |
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| iii |
In
the event that DINODIA erroneously advices you that
an image is released when it is not, DINODIA's sole
liability shall be the amount paid for the license
of that particular image. |
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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. |
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VII |
Warranty and Limitation of Liability
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| i |
DINODIA
Warrants that For Rights Managed Images: it has all
necessary rights and authority to enter into and perform
this Agreement. Except as provided in this section,
Dinodia makes no warranties (express or implied) with
respect to the rm images. As stated in Section V above,
dinodia 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 dinodia makes efforts to
use accurate caption information, dinodia does not
warrant that such information is accurate. Dinodia
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. |
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| ii |
DINODIA
Warrants that for Royalty Free Images: it has all
necessary rights and authority to enter into and perform
this Agreement; ii) 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 DINODIA´s sole option.
Except as provided in this section, Dinodia makes
no warranties (express or implied) with respect to
the images. Dinodia 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 Dinodia makes efforts
to use accurate caption information, Dinodia does
not warrant that such information is accurate. Dinodia
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. |
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| iii |
Except
for any liability which cannot by law be excluded
or limited, neither dinodia nor any of Dinodia'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 Dinodia has been
advised of the possibility of such damages, costs
or losses. Dinodia'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. |
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| iv |
The representations
and warranties made by dinodia in this agreement apply
only to the images as delivered by Dinodia and will
be invalid if the images are used in any manner not
specifically authorized in this agreement. |
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| VII |
Waiver |
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No
action of DINODIA, other than an express written waiver,
may be construed as a waiver of any provision of this
Agreement. A delay on the part of DINODIA 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 DINODIA 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
DINODIA on any one occasion will not be construed
as a bar to or waiver of rights or remedies on any
other occasion. |
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| IX |
Severability |
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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. |
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| X |
Entire Agreement |
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This Agreement
contains all the terms of the license agreement for
the RM Images and also for Royalty Free 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. |
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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 Mumbai, India. Notwithstanding the foregoing, this
provision shall not prevent DINODIA, 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. |
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| 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. |
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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 DINODIA. |
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DINODIA
PHOTO LIBRARY PVT LTD'S PRIVACY POLICY |
Dinodia
Photo Library Pvt. Ltd. respects your right to privacy.
This privacy policy tells you about our practices
in regards to any information we collect online. |
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| 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 Dinodia Photo Library Pvt. Ltd. is responsible
to be used for internal purposes only and more particularly
to send you products, updates on our latest promotions
and new services. |
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By
providing this information to Dinodia Photo Library
Pvt. Ltd. you are agreeing to allow us to share this
information with Dinodia Photo Library 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 info@dinodia.com |
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Dinodia
Photo Library Pvt. Ltd. does not sell or lease information
about its customers to third parties. Dinodia Photo
Library Pvt. Ltd. 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 Dinodia
Photo Library Pvt. Ltd. uses for delivering purpose
or when we are required by law. |
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| Dinodia
Photo Library Pvt. Ltd. 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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| Use of Cookies |
When
you visit Dinodia Photo Library Pvt. Ltd. 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 Dinodia Photo Library
Pvt. Ltd. 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 Dinodia Photo Library Pvt. Ltd. site. |
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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) 022-22404126
or email us at info@dinodia.com |
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