Terms of Service

Version 1.0

Photo Concierge Private Limited, having its registered office at No. 23/A, 2nd Floor, Imperial Court, Cunningham Road, Bengaluru-560052, Karnataka, India (“PC”, “Company”, “We", "Us", or "Our”) offers https://www.photoconcierge.com (“Website” or “Site”) and mobile software application (“App”) to provide a market place for license of photograph, videos, illustrations, vectors (“Content”) by licensors (“Seller(s)/ Contributor(s)”) to licensees (“Buyer(s)/ Licensee(s)”). The Contributors can upload their Content using Website and the App, and the Licensees may search or purchase license of the Content uploaded by the Contributor. This Terms of Service (defined below) governs the manner and use of the Website and the App by the Contributor, the Licensee and any other person using the App or the Website (“Users”).

1. Acceptance of Terms of Service
1.1.

By visiting or using the Website or the App for accessing, using, downloading, uploading, licensing any Content or product or services (collectively “Services”);You confirm that You have read, understood, and agree to (1) these terms and conditions provided herein, (2) Company's Privacy Policy found at http://blog.photoconcierge.com/privacy-policy/ and incorporated herein by reference, and (3) such other agreements and policies as may be incorporated herein by reference (collectively referred to as the "Terms of Service"). If You do not agree to Terms of Services, please do not use the Services.

1.2.

Throughout these Terms of Services, the words "You" and "Your" refer to each User of the Services.

1.3.

The Terms of Service shall apply to Your use of Services irrespective of the delivery platform or device You use to access it. By using the Services, You are agreeing to the Terms of Service. If You are using the Services on Your employer’s behalf, the Terms of Service shall apply to You and Your employer.

1.4.

We reserve the right to modify or revise the Terms of Service from time to time in our sole discretion by updating this posting or any linked information. We may make such revisions without prior notice to You, and You agree to be bound by such modifications or revisions. Unless otherwise provided in such revision, Terms of Service and all linked information or part thereof, will take effect when they are posted.

1.5.

Company reserve the right to alter, suspend or discontinue any Service, including Your access to or use of any or all functionalities of the Website or the App.

1.6.

Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Privacy
See our Privacy Policy
3. Contributor and Licensees’ Agreement
3.1.

These Terms of Service apply to all Users of the Service, including the Contributors and the Licensees.

3.2.

If You are a Licensee of any Content you hereby also agree to, in addition to these Term of Service, the terms of the License Agreement, which is incorporated herein by reference.

3.3.

If You are a Contributor of any Content, You hereby also agree to, in addition to these Terms of Service, the terms of the Contributor Agreement and the License Agreement, which are incorporated herein by reference.

3.4.

THE LICENSEE AND THE CONTRIBUTOR AGREE AND ACCEPT THAT THAT ANY TRANSACTION MADE OVER THE WEBSITE AND THE APP BETWEEN A CONTRIBUTOR AND A LICENSEE SHALL BE BETWEEN THEM AND THE COMPANY WILL NOT BE A PARTY TO ANY SUCH TRANSACTION.

4. Third Party Website
4.1.

The Services may contain links to third party Websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party Websites. In addition, Company will not and cannot censor or edit the content of any third-party site. By using the Service, You expressly relieve Company from any and all liability arising from Your use of any third-party website. Therefore, We encourage You to be aware when You leave the Services and to read the terms and conditions and privacy policy of each other website that You visit.

5. Accounts and Registration
5.1.

In order to access some of the Services on the Website or the App, such as to upload or License or download any Content, You will have to create an account on the Website or the App. When creating Your account, You must provide accurate and complete information and always keep the information up-to-date. You are prohibited from misrepresenting Your registration information or tampering with the registration process.

5.2.

You shall not create an account for anyone other than Yourself. You shall not create an account for and on behalf of an organization without being authorized for this purpose by that organization.

5.3.

If We disable Your account, You will not create another one without Our permission.

5.4.

You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You will not share Your password, or let anyone else access Your account, or do anything else that might jeopardize the security of Your account. You must notify the Company immediately of any breach of security or unauthorized use of Your account.

5.5.

Although Company will not be liable for Your losses caused by any unauthorized use of Your account, but You may be liable for the losses of Company or others due to such unauthorized use.

6. Permitted Use & Restriction
6.1.

You shall use the Services or Content only for purpose expressly permitted herein this Terms of Service. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of Content in violation of the License Agreement; (b) using or launching any automated system, including without limitation, robots, spiders, harvesting bots, scrapers, or offline readers, that accesses the Services or the Content in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser; (c) uploading viruses or other malicious code on the Services; (e) manipulating or otherwise displaying the Services or Content by using framing or similar navigational technology; (f) circumventing or disabling or otherwise interfering with security-related features of the Services, that prevent or restrict use or copying of any Content or enforce limitations on use of the Content therein; (g) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Services if You are not expressly authorized by such party to do so; (h) reverse engineering, altering or modifying any part of the Services or the Content; (g) selling, licensing, leasing, or in any way commercializing the Services or the Content without specific written authorization from the Company or in violation of the Terms of Service; and (h) using the Services or the Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

6.2.

You represent and warrant that while using the Services or the Content, You will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, copyright, trademarks, patent, privacy, and the transmission of technical data. You further warrant that You will not interfere with the security of, or otherwise abuse the Services or the Content or any system resources, services or networks connected to the Services.

6.3.

Conditioned on Your compliance with these terms, the Company and Contributors grants You a limited rights to search and view the Content solely for evaluating whether You wish to purchase a license to the Content according to the Company license agreement applicable to Your use (“Limited License”). If You are not a registered user, Your Limited License does not entitle You to download Content without obtaining license for the use and download of Content. Except for this limited rights granted herein, the Company grants You no other rights.

7. Intellectual Property
7.1.

Unless otherwise indicated, all Content and Services are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property, and are owned by Company or its licensors, or Contributors, or its third-party content partners. Use of any Company’s Content or Services without the express permission and license to use are strictly prohibited. All title, ownership and intellectual property rights in the Services and its Content shall remain with respective owners, as the case may be, and does not pass on to You or Your representatives.

7.2.

Company, its licensors, its image partners and Contributors, as the case may be, own all copyrights in the Content and the Services. No ownership in any Content or Services shall vest in anyone accessing the Services. You shall not remove any copyright or other proprietary rights notice contained in the images, or any related promotional materials or Content provided on the Services.

7.3.

The Company prohibits upload on its Services of any material that infringes on any copyright, trademark, patent, and trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right.

7.4.

Company respects the intellectual property rights of others. However, it cannot verify if a User or a Contributor to the Services have rights to the Content posted by them. If You believe that any material or Content on the Services infringes upon any copyright that You own or control, You may file a notification of such infringement with Our legal department as set forth below:

Legal Department
Photo Concierge Private Limited,
No. 23/A, 2nd Floor,
Imperial Court,
Cunningham Road,
Bengaluru-560052, Karnataka
Write To: Legal help desk

7.5.

Company may give notice of a claim of copyright infringement by means of a general notice on the Services, or electronic mail to the User’s e-mail address alleged to have uploaded the infringing Content, and may also remove the infringing content uploaded by the user. In the event, Company is not removing the said Content; it shall not be construed that Company is endorsing the sale or use of any such Content.

7.6.

Trademarks The Company’s name, the Company’s logo, and any other product or service name or slogan contained in the Services are trademarks of the Company, its Contributors, sponsors, or partners, and shall not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without Our prior written permission. All other trademarks registered or unregistered, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

8. Forums and other Interactive Services or Areas
8.1.

The Services may include discussion forums, or other interactive areas, including blogs, chat rooms, bulletin boards, message boards, etc.("Interactive Areas") in which You or third parties create, post or store any content, messages, comments, materials or other items (“User Content”). You are solely responsible for Your use of such Interactive Areas and use them at Your own risk. By using any Interactive Areas, You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Services any of the following:

a.

User Content that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b.

User Content that is intended towards unlawful multi-level marketing, such as a pyramid scheme;

c.

User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

d.

User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, You represent and warrant that You have the lawful right to transmit, distribute and reproduce such User Content;

e.

User Content that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity;

f.

User Content that contains unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters or solicitations;

g.

User Content that contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

h.

User Content that contains viruses, corrupted data or other harmful, disruptive or destructive files; and

i.

User Content that, in the sole judgement of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which adversely affects the availability of its resources to other users, or which may expose Company or its users to any harm or liability of any type.

8.2.

Your use of Interactive Areas is at Your own risk. As a provider of interactive services, Company is not liable for any statements, representations or User Content provided by its Users in any public forum, personal home page or other Interactive Area. Although Company has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice.

8.3.

You are solely responsible for creating backup copies of and replacing any User Content You post or store on the Services at Your sole cost and expense. Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas or the Services.

8.4.

Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by You or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter.

8.5.

You acknowledge and agree that Company may access, use or disclose any information about You or Your use of this Services, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Company; or to protect the safety of Our employees, customers or the public.

8.6.

If You post User Content to the Website, unless We indicate otherwise, You grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media.

8.7.

You represent and warrant that (a) You own and control all of the rights to the User Content that You post, or You otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content You supply does not violate these Terms of Service and will not violate any applicable laws, or infringe rights of or cause injury to any person or entity. You agree not to delete or revise any User Content posted by any third party.

9. Account Termination Policy
9.1.

Company will terminate a User's access to the Content if under appropriate circumstances, the User is found to be an infringer of Company’s or other people's intellectual property rights or the Term of Service or any other agreement incorporated herein this Terms of Service. The Company shall exercise its rights of termination herein without prejudice to any other rights that it may have under the applicable law.

9.2.

Company reserves the right to decide whether any Content or User Content violates these Terms of Service or any other agreement incorporated herein this Terms of Service such as, but not limited to, pornography, obscenity, or copyright infringement. Company may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a User's account for submitting such material in violation of these Terms of Service. Upon termination, You must destroy and cease to use all materials obtained from the Services, copies and related documentation thereof with immediate effect.

10. Warranty Disclaimer

THIS WEBSITE, THE APP, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND THE COMPANY AND ITS DIRECTORS, EMPLOYEES, LICENSOR, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT YOUR USE OF THE SERVICES AND CONTENT SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSOR AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THESERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR SERVICES FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, COMPANY LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN.

YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE CONTENT OR THE SERVICE.

The Service is controlled and offered by Company from its facilities in India. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

12. Indemnity

To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Company, its affiliate, agent and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Service; (ii) Your violation of any term of these Terms of Service; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that Your Content caused damage to a third party; (v) Your use or modification of any Content or Services; (v) Your failure to obtain from third parties all permissions necessary to use the Content or User Content submitted by you on the Service; and (iv) any act or failure to act by You or any of Your employees, contractors, employers, agents, clients, principals, or users. Such indemnification is in addition to Company’s right to terminate for a breach of the representations and warranties and is not a waiver or limitation of Company’s other rights or remedies.

13. Ability to Accept Terms of Service

You affirm that You are more than 18 years of age and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. We provide these Terms of Service with Our Service so that You know what terms apply to Your use. You acknowledge that We have given You a reasonable opportunity to review these Terms of Service and that You have agreed to them.

14. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Company without restriction.

15. Applicable Law and Jurisdiction

This Terms of Service, its validity and effect, shall be interpreted under and governed by the laws of India and any dispute relating in any way to Your use of the Service or the Content shall be subject to the exclusive jurisdiction of the courts at Bangalore only, and You consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. Company 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 You in the event that, in the opinion of Company, such action is necessary or desirable.

16. Miscellaneous Provisions
16.1.

Other Remedies. You agree that any breach of this Terms of Service by You or Your representatives would cause Company irreparable harm, injury, loss and damage. Accordingly, in addition to any other remedies Company may have at law or in equity, Company shall be entitled to injunctive and other equitable relief in the event of any such breach of this Terms of Service by You or Your representatives.

16.2.

Waiver. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the Company.

16.3.

Severability. If one or more of the provisions contained in this Terms of Service is found to be invalid, illegal or enforceable 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.

16.4.

Survival. The provisions related to Privacy, Intellectual Property, Warranties Disclaimer, Limitation of Liability, Indemnification, Account Termination Policy, Governing Laws and Jurisdiction shall survive the termination or expiry of Your account or these Terms of Service.