This is a legal and binding document (“Site Agreement”) between you and Mart of Images (A divison of Planet E-Com Solutions Pvt. Ltd.)
Acceptance Of Site Agreement Terms
By accessing, browsing and using www.martofimages.com (“Site”), in any way you agree to be bound to this Website Agreement and subsequent revisions. If you do not agree to this Site Agreement, please do not access this Site.
Mart of Images may change this Agreement and other guidelines and rules posted on the Site at any time. Your continued access or use of the Site constitutes that you have accepted the said changes.
Ownership of Content (Images & Textual elements, site design)
All content, including but not limited to images, trademarks, software, code and other content of this Site (“Content”) are owned by Mart of Images. The site Content is protected by Indian property laws. Except as expressly set forth on the Site, we do not grant any express or implied permission or license to use the Content of this Site.
You agree to be bound to Mart of Images images license(s) for any and all uses of Images found on this Site, CDs, or any other delivery method or media.
The use of this Site is intended for Mart of images customers and third party image partners to transact image or intellectual property licensing business. You may not use the Site for anything other than the Site’s intended purpose, including but not limited to the following restrictions:
Linking without Mart of Images express permission;
- Circumvent Site protection or hacking the Site to determine vulnerability and gain access to data; - Circumvent Site protection or hacking the Site to determine vulnerability and gain access to data;
- Extract data or Content employing any data mining, robot or other method;
- Downloading or copying any image outside the scope of the rights set forth in the other agreements on this Site.
- Copyright Complaints
Mart of Images will accept and review complaints alleging material on the Site infringes copyright(s) that you have standing to protect.
The functions embodied on, or in the Contents of, this Site are not warranted to be uninterrupted or without error. This Site and its Contents are provided "as is", and Mart of Images expressly disclaims any warranty, expressed or implied, including, without limitation, any implied warranties, statutory, merchantability, satisfactory quality or fitness for a particular purpose. You assume the entire responsibility and/or liability of all ramifications and consequences of your use of this Site. Mart of Images makes no representations or warranties as to the accuracy, correctness or reliability of this Site, or the contents thereof. There may be links to other websites from this Site. These other websites are not controlled by Mart of Images and we take no responsibility for any content contained on any such websites, or any loss or damage suffered by you if you choose to use such websites. You waive any and all claims against Mart of Images in regard to the provision of such links to other websites or your use of those websites. Limitation of Liability Mart of Images its directors, employees, licensors, members, content providers, affiliates or other representatives shall not be liable for damages of any kind (including, but not limited to, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, punitive damages) or damages of any kind arising out of your use of, your inability to use, or the performance of this website or the contents thereof, whether or not we have been advised of the possibility of such damages.
Persons under the age of eighteen (18) years old are not authorized to register an account on this Site and are not permitted use this Site without adult supervision.
To enjoy the full capabilities of martofimages.com, do register with us. Give us a username and password. We assure you that all your information is completely secure.
Registration will allow you to:
- Create lightbox,
- Save your lightbox for future use,
- View comp files
- Add images to a shopping cart for purchase
If you choose not to register, you may still search for images. However, you will not be able to use the site's highlighted capabilities.
Buying On Account
If you are a current, registered Mart of Images customer, you can be authorized to buy on account easily. Once your account has been established, you will be able to enjoy the full capabilities of martofimages.com and make all your purchases on-line, including the download of high-resolution image files. We will send you an invoice for your purchases.
If any provision of this Site Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision will be deemed amended to achieve as nearly as possible the same effect as the original provision and the remaining provisions of this Agreement shall be in no way affected or impaired. Applicable Law and Venue
Any dispute related to your use of the Site or this Site Agreement will be governed by the laws of India.
By submitting your information to Mart of Images, you agree to the practices described herein and to Mart of Images’ Site terms found here and the image licensing agreements on this Site. This Site, operated in India, and the information collected from this site may be retained indefinitely, and may be stored, accessed, and used in jurisdictions whose privacy laws may be different or less protective than those of your home jurisdiction. We may disclose this information to affiliates, subsidiaries, agents, third party content providers, and necessary payment processors, whose privacy policies and practices may be different from those of Mart of Images, and for which Mart of Images assumes no responsibility. Information about our customers, including personal identifying information, may be disclosed as part of any merger, sale of Mart of Images assets or acquisition as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of Mart of Images. We reserve the right to disclose your personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our Mart of Images, employees, customers, or the public. Other than as described above, we do not sell or rent information about its customers to third parties.
When you visit this Site, some information may be collected automatically as part of the site's operation such as your IP and email address and navigational information. Your name, address, phone number, email address, password, and other information are collected when you register online with us. Registration enables you to access and license higher resolution images and to enter into a license to use images for comp purposes.
If you wish to license an image from us, your username, password, full name, telephone number, email address and postal address, your credit card number or other personally identifying information is collected to complete the license agreement or to receive products or services. Your email address is used to confirm the licensing transaction.
From time to time we may ask you questions relating to your user preferences in order to better serve you and improve the use of this Site. Providing information regarding your usage and preferences is always voluntary, however, if you choose not to provide the information, some products and services may not be available to you.
We may use your email address to contact you regarding our services, products and promotional offers for direct marketing purposes. If you do not wish to receive direct marketing, you may opt out by contacting us at the CONTACT US portion of this site and notifying us that you no longer wish to receive promotional information.
We collect information about your use of this Site and our customers in the aggregate about how our site is used by our customers, in order to improve our service and our Site.
We collect your orders, your use of lightboxes and other account information as part of your sales history with us. You may review and correct your information by contacting us..
We may disclose to carefully chosen third parties navigational and transactional information in the form of anonymous, aggregate usage statistics and demographics but only in forms that do not reveal your identity or confidential information.
When you visit this Site, a text file called a cookie is placed in the browser directory of your computer's hard drive. A cookie is information that a website can store on your web browser and later retrieve. The information that cookies collect includes the date and time of your visit, your registration information and your navigational and licensing information. It allows the web browser to recognize the pages you have been to when you are visiting the site, and allows you to quickly return to viewed pages. Cookies are not linked to you as an individual and cannot be used to track where you have been either before or after you the Site. Most browsers allow you to decline cookies, but if you elect to do so, certain pages and user features such as light boxes may not display properly. You are free to delete cookies after your session, and your browser should contain instructions on how to do this.
Whenever you submit an order to Mart of Images, you do so over a secure (i.e., encrypted) connection. This ensures that your personal information is not at risk. Additionally, we encrypt your credit card information and store it in a secure location, which can be accessed only by authorized personnel.
Updating or Correcting Information
If at any point you wish to access your personal information to (1) change your preferences, (2) review the accuracy, or (3) correct, supplement or modify your information, you may edit your profile through the this website.
Linking to Other Websites
Website, to which we link, including but not limited to the sites of subsidiaries and third party content providers, may have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of linked sites.
Mart of Images does not intend to either solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this Site.
Comping Images Licensing Agreement
THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“Licensee”) AND MART OF IMAGES (“MartofImages”), RELATING TO DOWNLOADING OF IMAGE FILES FROM THIS SITE, AND THE LICENSING OF IMAGES BY MARTOFIMAGES TO YOU.
You are entitled to download comping image files, whether Royalty-free or Rights-managed images, from Mart of Images’ Site, subject to the terms of this Agreement. These image files are intended for viewing of images in more detail and for placement purposes in unfinished products.
Grant of License
Mart of Images grants a non-exclusive, non-sub-licensable, non-transferable and non-assignable license to use an image on your computer or other personal image viewing device for a period of thirty days (30) from the date you downloaded or accessed the image.
Restrictions on Comp Image Use
You may not publish our comp images in any media, including websites, mobile devices, presentations, slideshows or printed materials. You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of, participate in the transfer or sale of, publicly perform, or in any way exploit any coming image, in whole or in part.
You may not remove any watermark, caption, or metadata from any of our comping images.
GENERAL DISCLAIMERS AND LIMITATION OF LIABILITY
MART OF IMAGES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE IMAGES OR IMAGE METADATA AND CAPTIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MART OF IMAGES SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
MART OF IMAGES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE IMAGE(S).
THE REPRESENTATIONS AND WARRANTIES MADE BY MART OF IMAGES IN THIS AGREEMENT APPLY ONLY TO THE IMAGE(S) AS DELIVERED BY MART OF IMAGES AND WILL BE INVALID IF THE IMAGE(S) IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT.
If Licensee's use of the Image(s) is not authorized by this Agreement, Licensee shall defend, indemnify and hold Mart of Images, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable lawyer’s fees and costs), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding relating to the use of such Image(s) by Licensee, to the extent that such claim relates to the absence of a release or the Licensee's unauthorized use of the Image(s).
Any use of Image(s) in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling Mart of Images to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to Mart of Images’ other remedies under this Agreement, Mart of Images reserves the right to charge and Licensee agrees to pay a fee equal to Four (4) times Mart of Images’ licensing fee for use of the Image(s).
Notification of Misuse
Licensee will immediately notify Mart of Images if it becomes aware or suspects that any third party has gained access to the Licensed Material through Licensee and is wrongfully using the Image(s), in whole or in part, or is violating any of Mart of Images’ intellectual property rights, including, but not limited to, trademarks and copyrights.
Jurisdiction and Lawyer’s Fees
Any dispute related to this Agreement, or the subject matter of this Agreement, shall be governed by the laws of the State of India, regardless of conflicts of laws, and resolved in state and High courts located in New Delhi, India.
If Mart of Images is caused to defend or present claims or a suit as a result of any breach of this Agreement, Mart of Images shall be entitled to payment by Licensee of Mart of Images’ reasonable lawyer’s fees or costs.
No action of Mart of Images, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Mart of Images in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
This Agreement and the Invoice contains all the terms of the agreement between Mart of Images and Licensee and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by Licensee, the terms of this Agreement shall govern.
Mart of Images - Royalty-Free License Agreement
THIS LICENSE AGREEMENT IS A LEGAL AND BINDING AGREEMENT ("Agreement") BETWEEN YOU, THE USER ("Licensee"), AND MART OF IMAGES (“MartofImages.com”) THIS LICENSE AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND VIA PHYSICAL DELIVERY ON A CD-ROM PRODUCT OR OTHER DIGITAL STORAGE MEDIA. IF THE LICENSEE DOES NOT AGREE AND HAS NOT EXERCISED THE RIGHTS GRANTED UNDER THIS AGREEMENT, THE LICENSEE MAY PROMPTLY RETURN THE UNOPENED AND UNUSED CD-ROM AND ALL ACCOMPANYING MATERIALS IN THE ORIGINAL PACKAGING FOR A REFUND OF THE PURCHASE PRICE. IMAGES LICENSED VIA THE WEB MAY NOT BE RETURNED OR REFUNDED.
Subject to the terms of this License Agreement, Mart of Images grants Licensee a perpetual, worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, Mart of Images’ Royalty-Free Image(s) (whether available as part of a CD-ROM collection of images or downloaded as single images) an unlimited number of times, in any and all media for the Permitted Uses described below. All other rights to the Image(s), CD-ROM, software and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by Mart of Images. All rights not specifically granted are retained by Mart of Images.
- Any print media, including advertising and promotional materials, editorial publications and consumer merchandise;
Any Internet, intranet, Online or web-based media provided the resolution of the images does not exceed 72dpi;
- Broadcast and Theatrical exhibitions;
- Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s); and
Additional uses approved in writing by Mart of Images.
Licensee may alter, crop, modify or adapt the Image(s) in connection with the above permitted uses. Licensee may make a back-up copy of the Image(s) for internal back-up purposes provided Mart of Images’ copyright and any image identifying information embedded with the digital file is retained with the file. Limited, temporary transfers of the Image(s) are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this Agreement.
Restrictions on Use
Except as provide herein, Licensee may not
- Sublicense, sell, assign, convey or transfer any of its rights under this Agreement, but Licensee may sell or license derivative works incorporating the Image(s). However, Licensee may not include the Image(s) in an electronic template intended to be used by third parties on electronic or printed products.
- Sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Image(s) as a stand-alone file.
- Incorporate the Image(s) into a logo, trademark or service mark.
- Distribute, post or upload the Image(s) online in a downloadable format or enable it to be distributed via mobile telephone devices.
- Use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
- Decompile, reverse engineer, disassemble or otherwise reduce the software on the CD-ROM or other storage media to a human readable form.
Product Endorsement or Sensitive Use Disclaimer
If any Image(s) featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image(s) is being used for illustrative purposes only. These requirements are without prejudice to the obligations of Mart of Images regarding use of the Image(s) contained elsewhere throughout this Agreement.
Model releases are available on Image(s) containing models upon request. Names are removed to protect the privacy of the model. Other than model releases for recognizable persons, Mart of Images grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs, or works of art or architecture depicted in any Image(s). Licensee must satisfy that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
Licensee agrees to defend, indemnify and hold Mart of Images and its parent, subsidiaries and affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys' fees and costs), arising out of or as a result of claims by third parties relating to Licensee's use of any Image(s) outside the scope of this Agreement or any other breach by Licensee of this Agreement.
Warranties and Limitation of Liability
Mart of Images represents that it has the right to grant the license herein and warrants the Image(s) to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the CD-ROM or refund of the purchase price, at Mart of Images’ option.
Mart of Images uses commercially reasonable efforts to identify the caption for each Image, but cannot be held responsible for erroneous or incomplete caption information. Mart of Images makes no warranties express or implied related metadata or caption information that accompanies the Images.
MART OF IMAGES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUPERSTOCK SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVEN IF MART OF IMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SUPERSTOCK’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGE(S) (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF 10 TIMES THE VALUE PAID BY THE LICENSEE FOR THE IMAGES
No licenses are granted until full payment of Mart of Images’ invoice is received. Unless credit terms have specifically been agreed directly between Mart of Images and the Licensee, payment of Mart of Images’ invoices must be received on the sooner of fourteen (14) days of its date net, without any discounts, or prior to the publication of any Image(s). The licensee agrees to pay Mart of Images a service charge of two (2) percent per month on any unpaid balance after this time period for the use of the Image(s).
Any disputes concerning the invoice must be submitted in writing, within five (5) business days of the invoice date, or the licensee shall be deemed to have accepted the invoice as issued.
Cancellation Policy for Royalty-Free Images
Due to the liberal nature of the licenses for Royalty-Free images, all licenses are final; no refunds or credits will be allowed. The breaking of the CD-ROM seal or the completed downloading of content to Licensee is considered to be the complete fulfilment of Mart of Images’ obligations.
Copyright Infringement and Liquidated Damages
In the event that the licensee utilizes any Image(s) without or prior to the granting of a license, Mart of Images reserves the right to seek damages through legal channels unless the licensee agrees to reimburse Mart of Images, as liquidated damages, a sum equal to ten (10) times the market value price charged for such use of a Royalty- Free image(s).
If the licensee fails to make the payment as outlined above, within fourteen (14) days of Mart of Images’ invoicing such fee, this liquidated damage provision shall be void and Mart of Images reserves the right to sue for copyright infringement, including attorneys' fees and all associated costs.
The license contained in this Agreement will terminate automatically without notice from Mart of Images if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of Mart of Images, return the Image(s) to Mart of Images, and (iii) delete or remove the Image(s) from Licensee's premises, computer systems and storage (electronic and physical).
Licensor reserves the right to revoke the license to use any Image(s) for good cause and elect to replace such Image(s) with an alternative Image. Upon notice of any revocation of a license for any Image(s), Licensee shall immediately cease using such Image (s), shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end-users and clients of same.
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.
No action of Mart of Images, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties.