SHERAJ Photography License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BEFORE YOU DOWNLOAD OR USE ANY CONTENT. BY CONFIRMING THE PURCHASE OF THE CONTENT OR DOWNLOADING THE CONTENT YOU HAVE SELECTED FROM THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE CONTENT USAGE RESTRICTIONS CONTAINED HERIN. There is no return policy, if you have any issues with quality of the content, please contact sherajphotography@gmail.com.

 

THIS IS A LICENSE AGREEMENT BETWEEN YOU, YOUR EMPLOYER OR COMPANY, OR OTHER ENTITY ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT (“YOU”) AND SHERAJ PHOTOGRAPHY (“Sheraj”).

 

1.  Definitions

•  “Content” means photographs, vectors, drawings, cinemagraphs, illustrations, fonts, graphics and any other such digital material featured on the SHERAJ website or archives and that has been selected and identified on the invoice.

•  “Footage” means any moving Content, animations, films, videos or other audio/visual representations, excluding still Content, recorded in any format that are available for license from the SHERAJ  website or archives.

•  “Image(s)” means photographs, vectors, drawings, cinemagraphs, and the like available for license from the SHERAJ website or archives.

•  “Terms” means the terms of service set out in this Agreement and includes the terms contained in the Invoice. The terms contained in the Invoice replace those in this Agreement to the extent of any inconsistency.

•  “Contributor” means the owner of the copyright in the Content or their agent(s) who have submitted the Content to SHERAJ.

•  “Invoice” means the computer-generated or pre-printed invoice provided by SHERAJ that may include, without limitation, details of the Content selected, any limitations on the License in addition to those specified herein, the key terms of the License and the corresponding price for the License. The terms contained in the Invoice shall be incorporated in this Agreement and all references to the Agreement shall include those terms.

•  “License” means the non-exclusive (unless otherwise states in the Invoice) non-sub-licensable right SHERAJ grants to you to use the Content

•  “Reproduction” includes any form of copying or publication of the whole or part of any  Content whether by printing, slide projection or other display (whether or not to an    audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Content (for example, by computer, electronically, digitally by an artist or by any other means), event though the resulting content may not appear to a reasonable person to be derived from the original Content.

•  “Release” means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Content.

•  “License Fee” means any sum or sums payable to SHERAJ Photography by you in respect of the License.

•  “Non-Exclusive Right” means you do not have exclusive rights to use the content. SHERAJ can license the same content to other customers.

•  “Comp Use” means content that is copied, modified and incorporated in materials for sample use including comprehensive layouts.

•  “Model” means any person depicted in Content.

 

2.  Grant of rights and restrictions

•    SHERAJ grants to you a personal, non-exclusive (unless otherwise stated on Invoice), non-sub-licensable and non-assignable right to reproduce the Content solely in the manner and for the purposes set out in the Invoice. The Content may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“Comp Use”). The Content may only be used in any final materials distributed internally or to the public once   the image(s) have been purchased and an appropriate license obtained. All other rights are reserved to SHERAJ Photography. You must contact SHERAJ at sherajphotography@gmail.com to obtain a license for additional use. Other than for Comp Use, Content may not be used in any way, until an invoice granting usage rights is issued and paid in full.

This right may be exercised by your clients, provided that such clients agree to comply with all the Terms. When exercising this right you must ensure any notice of copyright, trademark or other propriety right is not removed from any place where it is placed on or embedded in the Content.

•    Use of Content. Use of the Content is strictly limited to the use, medium, period of time, print run, placement, size of licensed material, territory and any other restrictions specified in the Invoice so long as any notice of copyright, trademark or other propriety right is not removed from any place where it is placed on or embedded in the Content.

3.  General Restrictions on Use of Content

You shall not under any circumstances:

•  Use Content beyond the terms of this License Agreement without first obtaining additional License(s), including but not limited to any electronic reproduction or additional promotional rights.

•  Remove any watermarks or copyright notices contained in the SHERAJ Content.

•  Create any derivative use of Content unless indicated on the invoice.

•  Sublicense, re-license, rent or lease the Content.

•  Use Content designated “Editorial Use Only” for commercial purposes.

•  Archive, republish or transmit any images on any database or to a network or bulletin board or otherwise distribute or allow any of the Content to be distributed to or used by anyone other than the authorized you without prior written consent from SHERAJ.

•  Use Content in any electronic template or application, including those that are web- based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining  a license for such purpose.

•  Use Content to promote a business that sells or licenses photographic images, or otherwise competes with SHERAJ Photography in any manner.

•  Ship, transfer or export the Content into any country or use the Content in any manner prohibited by any export laws, restrictions or regulations.

•  Use Content in a manner that fringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.

•  Use any Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.

•  Use “stills” derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating the Footage.

•  Falsely represent, expressly or by way of reasonable implication, that any Content was created by you or a person other than the copyright holder(s) of that Content.

•  You must abide by any restriction on use notified to you by SHERAJ before, after or at the time of delivery of the Content, either in the information accompanying the Content, the Invoice or otherwise.

 

4.  Limited Use of Content

A License to use Content on or in a product does not imply any right on your part to use the Content in any manner in the advertising or promotion of such product, which right must be separately negotiated.

 

5.  Sensitive Use of Content

You shall not under any circumstances:

•  Portray any person depicted in the Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.

•  Use the Content in any manner that would be deemed offensive to the Model. Offensive uses include but are not limited to the use of a Content that involves or implies illegal activities, medical conditions or procedures, other health and mental health issues, substance abuse, welfare or economic aid, dating agencies, sexual preference, teen pregnancy, abortion and adoption, political or religious affiliation, smoking or alcohol usage, feminine hygiene, incontinence or impotence.

•  Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libellous, obscene, or illegal.

•  If any Content featuring a Model is used in (1) a manner that would lead a reasonable person to believe that the model personally used or endorses a product or service; or (2) in connection with a subject that would be unflattering or controversial to a reasonable person, you must accompany each such use with a conspicuous statement that indicated that the “person so pictured is a model and the Content is used for illustrative purposes only”.

 

6.  Accuracy of Content

SHERAJ does not warrant the accuracy of the captioning, keyboarding or any other information associated with the Content.

 

7.  User Compliance

SHERAJ Photography, after reasonable notice, may inspect any records, accounts and books relating to the Reproduction or any of the Content to ensure that the Content is being used in accordance with this Agreement.

 

8.  User Deletion of Content

You may store the Content in a digital library, network configuration or similar arrangement to allow them to be viewed within your organization and by your clients but you must retain the copyright symbol, the name of SHERAJ Photography, the Content identification numbers and any other information as may be invisibly embedded in the electronic files containing the original Content. When your license period or license purpose as set out in the Invoice ends, you must promptly delete the Content from your computer or other electronic storage system. Any subsequent re-uses of the Content must be agreed with SHERAJ Photography in advance of licensing to ensure the Content is available under the rights you require.

9.  Singularity of Use

The Content may not be sub-licensed, resold or otherwise made available for use or  distribution separately or detached from a singular product or web-page. For example, the Content may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-  use by website users for a different webpage or product. Similarly, your customers may be provided with copies of the Content as an integral part of work product, but may not be  provided with the Content or permission to use the Content separately.

 

10.  Credit and Copyright Notice

•  Photographer Credit. No ownership or copyright in any Content shall pass to you by the issue of the License. Credit attributions are not required in connection with any other use of Images unless another stock Content provided is afforded credit in connection with the same use. In all cases the credit and attribution shall be of such size, colour and prominence so as to be clearly and easily readable by the unaided eye.

•  Credit Lines. Unless otherwise agreed in writing, if any Content is reproduced by you for editorial purposes (i.e. for any non-promotional purpose) you must include the credit line: “Photographer’s name/SHERAJ Photography), or any other credit line specified by SHERAJ. If a credit line is omitted then an additional fee equal to thirty percent (30%) of the original amount invoiced attributable to the Content in question shall be payable by you.

If and where commercially reasonable, the use of Content in Merchandise or Production shall be accompanied by a credit to SHERAJ Photography in substantially the following form:

•  “Image(s) or Footage (as applicable), used under license from SHERAJ Photography”

•  SHERAJ Photography’s copyright notice and Content identification reference which will appear in the Content file must remain with your digital copy of the Content at all times. You will retain the copyright notice, the name of SHERAJ Photography, the respective artist, and any other information or metadata that is embedded in the electronic file that comprises any Content which you have downloaded from the Website or otherwise received from SHERAJ. Failure to maintain the integrity of the copyright information will constitute a breach of this Agreement.