This document is a legal Agreement between “you”or “your” and M/s Nitin Tandon Food  Styling and Consulting acting as the “Licensor” hereunder and determines the terms and conditions under which you are required to use our stock photos downloaded from the www.nitintandon.com which shall be effective from 24/07/2022.

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A.  By purchasing a license and downloading any File, you hereby agree to be bound by the terms of this Agreement with the understanding that Licensor  reserves the right to make changes, additions, corrections and edits to this Agreement in separate parts or in whole at any time and you agree to be bound by such changes. Such changes are legitimate and effective from the moment of their publication. If, for whatever reason, you disagree with this Agreement and do not accept its terms, you are not allowed to or shall be restricted to enter the Site and use its resources thereafter and your license shall deem to be cancelled/terminated from the date of such restriction.

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B. General Terms of Use

1. In accordance with the terms and conditions herein, Licensor grants you a non-exclusive, perpetual, worldwide, non-transferable and non-sublicensable license to use and modify the File an unlimited number of times in whole or in part in the creation of an item within the scope of permitted uses but does not entitle you to the File’s copyright and/or intellectual property rights. All copyright and/or other intellectual property rights to the File are reserved by Licensor and/or the contributor of the File.

2. The Website is protected by copyright, trademark and/or other protective rights and is subject to copyright law and other protective laws. Licensor is the rightful owner  of all rights to the Website, and all the photos, content and files of the Website in perpetuity, Worldwide.

3. All Files on the WebSite may be purchased and downloaded under the Standard and/or Extended license. Follow these rules to choose the appropriate license:

4. Standard License a) Standard License is a single User License which enables one User and the same User to download and use the Visual b) Content for the creation of all kinds of items (except Items for Resale or Items for Free Distribution, where the File plays a major role in the item and adds commercial value to it) and as reading with terms and conditions below.

 

Terms of Standard License:[1] 

i) No restriction on the number of website visitors.

ii) The quantity of copies or impression of the images are allowed upto a maximum of 500000 impressions.

iii) No restriction on the number of copies or displays for electronic use of the unmodified resolution of the image.

iv) Creation of all kinds of items for digital use like websites; software (for PC and mobile devices); advertising banners; wallpapers; screen savers; e-books; e-cards; e-mails; office presentations (PowerPoint, Flash, etc.); movies, videos and TV advertising; unofficial logos; personal use; etc. provided the File is considered to play an insignificant role in an item and does not add significant commercial value to the item and does not influence a customer’s preference for this item.

v) Creation of printed use in the form of covers and illustrations for books, newspapers, magazines, advertisements in newspapers and magazines, printed advertising materials, business cards, CD/DVD covers, flyers, posters, wrappers, labels and product packaging, notebooks, pens, pencils and stickers, calendars, mugs and glasses, apprels, clothing, personal non-commercial use, etc. provided the file is considered to play an insignificant role in an item and does not add significant commercial value to the item and does not influence a customer’s preference for this item.

vi) Using the image for creation of Items for Resale or Items for Free Distribution where the File plays a minor insignificant role in the appeal and commercial value of the item.

vii) Creation of Items for Resale or Items for Free Distribution where the Image plays a major role to enhance the commercial value of the item is PROHIBITED.

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B. Extended License

a) The Extended license enjoy all benefits under the Standard license and does not have any limits on the number of copies, prints or displays and allows the user to use the downloaded image for the creation of items for resale or items for Free Distribution in which the image plays a significant role in the item and adds commercial value to it.
 

 Terms of Extended  License[2] 

i) No restriction on the quantities of copies or impressions.

ii) A Multiple User License enables two (2) or more users to download and use the Visual Content for commercial use.

iii) Creation of Items for Resale or Items for Free Distribution where the Image plays a major role to enhance the commercial value of the item.

iv) Creation of all kinds of items for digital use like websites; software (for PC and mobile devices); advertising banners; wallpapers; screen savers; e-books; e-cards; e-mails; office presentations (PowerPoint, Flash, etc.); movies, videos and TV advertising; unofficial logos; all personal and commercial use.

v) Creation of printed use in the form of covers and illustrations for books, newspapers, magazines, advertisements in newspapers and magazines, printed advertising materials, business cards, CD/DVD covers, flyers, posters, wrappers, labels and product packaging, notebooks, pens, pencils and stickers, calendars, mugs and glasses, apparels, clothing, personal non-commercial and commercial use.

 

4.The Following are PROHIBITED for all licenses which further amounts to cancellation of license (whether Standard /Extended) under this Agreement:

i) Make the file available for free download on a shared drive, service, software or website for the purpose of exchanging, transferring or distributing;

ii) Transfer, resell, sub-license, rent, donate or otherwise transfer the file or rights to it to third parties;

iii) Allow third parties access to the File for further use;

iv) Use the File to create an official logo, brand, company name, or trademark;

v) Use the File in a way that infringes the File’s intellectual property rights or a third party’s trademark or that would lead to a complaint about deceptive advertising or unfair competition;

vi) Use the File in a way that competes with Licensor’s business;

vii) Show a person depicted in the File in sensitive scenarios that could reasonably be considered offensive or unflattering to that person (e.g., related to mental and physical deficits, sexual or implied sexual activity or preferences, crime, physical or mental abuse or ailments);

viii) Use the File for pornographic, illegal or immoral purposes;

ix) Use the File in items or products that could embarrass or humiliate a person or model in the File;

 

5. Any claims arising due to breach of any of above Prohibitions, Licensor shall always remain indemnified by you and Licensor shall not bear any cost, damages arising due the same.

 

6. This Agreement shall be governed by laws of India and shall be subject to Courts of Mumbai.

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