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.
- Sheraj owns the complete copyrights of all images taken by our photographers. Owner has complete rights to share the images on sherajphotography.com website and other social medias. When you use sheraj photography service you are automatically entitled to this License , terms and service agreement. If you still want to remove your images from website or social media, please email us at sherajphotography@gmail.com or text/call at 612.800.2866
11. Warranty
and Limitation of Liability
• Defective Content. If any Content
contains defects in material or workmanship and these are notified in wiring to SHERAJ Photography within
thirty (30) days from the date of delivery of the Content then SHERAJ will either replace the Content with another
digital copy of the Content free from defect or refund the License Fee
paid by you to the extent attributable to the defective Content, at SHERAJ's option.
• No Warranty. SHERAJ makes no other warranty,
express or implied, including, without limitation, any implied
warranties of merchantability or fitness for a particular purpose.
• Limitation of Liability. Neither SHERAJ nor its contributors
shall be liable to you or any other person or entity by reason of any
representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this
Agreement for any loss of profit or any indirect, special or consequential
loss, damage, costs, expenses or other claims (whether caused by the negligence
of SHERAJ , its servants or agents or otherwise) which arises out of or
in connection with this Agreement, even if SHERAJ has been advised of
the possibility of such damages, costs or losses. SHERAJ's maximum liability arising out of or
in connection with your use of or inability to use the Content (whether in
contract, tort or otherwise) shall, to the extent permitted by law, be
limited to five (5) times the value paid by you for the relevant Content.
• The terms shall not preclude any liability or claim
for death or bodily injury or any claim arising from wilful default or gross
negligence on the part of SHERAJ or any of its employees, agents
or otherwise. Each
provision is to be constructed as a separate
limitation (applying and surviving even if for any reason one or other
of such provisions is to be inapplicable, unreasonable or unenforceable in any circumstances) and shall remain
in force notwithstanding the
termination of this Agreement.
12. Payment
No
reproduction of any Content is authorized until payment in full has been
received by SHERAJ. Any Reproduction by you or on your behalf prior to
payment being received by SHERAJ constitutes a breach
of this Agreement which entitles SHERAJ to immediately terminate this
Agreement and further constitute an infringement of copyright.
13. Indemnity
You
agree to indemnify and hold SHERAJ and its Contributors harmless
against any claims, damages, losses, expenses or costs, including legal costs,
arising in any manner whatsoever from your unauthorized use of any Content
supplied to you by SHERAJ, on behalf of the Contributor, or any other
breach by you of any of your obligations under this Agreement.
14. Release Information
• Sufficient Release. You must satisfy yourself that all
Releases as may be required for Reproduction of the Content have been secured. You are solely responsible for obtaining all such Releases and the License is
conditional in each case on your obtaining them. If you are unsure as to whether any Releases are needed for your
Content usage, then it is your responsibility to consult with relevant parties.
You shall not rely upon any
representation or warranty given by SHERAJ employees or representatives
save as set out in this Agreement.
• No warranty of Release. SHERAJ gives no representations or warranties whatsoever as to the existence of all
required Releases associated with the Content or with respect to the use of names, trade marks, logos,
uniforms, registered or copyrighted designs or artistic works depicted in any Content.
15. License Fee
The License Fee depends on the nature
of the rights granted. You agree
to notify SHERAJ in the event
that you desire
to expand the usage for the Content
and pay any additional
License Fee. Use of Content
in a manner not specifically authorized under the terms set out in the
Invoice or otherwise in the Agreement constitutes a breach of the Agreement and
an infringement of copyright.
16. Downtime
Due
to the nature of server provision, downtime and lost transmissions may occur as
part of routine maintenance. You are advised to maintain a copy of your account
status and details of Content purchased.
17. Miscellaneous Terms
• Insolvency or Bankruptcy Proceedings. The License
will terminate immediately if you a) enter into voluntary or compulsory
liquidation, b) have a receiver appointed or c) fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to
comply. In the event of termination, all rights granted
will immediately revert to us and any further exploitation of any Content
shall constitute an infringement of copyright.
• No Variation of Terms and No Waiver. No
variation of any of these Terms shall
be effective unless in writing and signed by SHERAJ and you. No action
of SHERAJ, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that SHERAJ waives any specific part of this Agreement, such fact does not mean that
any other part is waived. In the event of any inconsistency between the Terms and the terms contained in any
purchase order or other communication sent by you, the terms of this Agreement shall prevail.
• Should
any clause of this Agreement be found illegal or enforceable, that will not
affect any other clause and each will
remain in full force and effect.
• Governing Law. This Agreement, its validity and effect shall be interpreted under and governed by the laws of British Columbia and be subject to the exclusive jurisdiction of the Canadian courts. If SHERAJ is required to enforce its rights as a result of any breach of these terms, whether legal proceedings are commenced or not, you agree to indemnify SHERAJ in respect of all reasonable legal fees and costs incurred by SHERAJ in relation thereto.
Photos in this website are downloaded from https://www.pexels.com/ No license and copyrights were violated. If you feel we are using your copyrighted image, please email us at sherajphotography@gmail.com with resource details.