Sale of Digital Images

Sale of Digital Images
Presently low resolution digital images with watermark are displayed on the website. Higher resolution images, according to your choice, may be downloaded after the purchase has been made.

Non Exclusive Licence Agreement
(A Non Exclusive license allows Nupur Bhatnagar to sell additional licenses of the same image to other parties under separate agreements. This is the default condition of sale)
This agreement governs the commercial use of any image purchased from Nupur Bhatnagar under the terms of Non Exclusive Commercial license.
Your purchase or use of any image product signifies your acceptance to these terms and conditions. Your right to use the photographs (images) are conditional upon your one time payment for the photograph in full.
Nupur Bhatnagar represents that she has the right to grant the said license herein. All other rights to the image and accompanying materials (if applicable) including without limitation, copyright and all other rights are retained by Nupur Bhatnagar.
Subject to the terms of this license agreement, Nupur Bhatnagar grants the License, a worldwide, perpetual, non transferable, non exclusive, right to reproduce, transmit and display, in whole or in part, the image purchased, unlimited number of times, in any and all media, for the purposes described below

Permitted uses
- Any advertising and promotional products, including printed materials, product packaging, presentations, films and video presentations, Commercials, catalogues, broacher’s, promotional greeting
cards and post cards.
- Any entertainment applications, such as books, book covers, magazines, newspapers, editorials, newsletters and video broadcast and theatrical presentations.
- Any online or electronic publication, including web pages.
- Any prints, posters and other reproductions, including those for resale, provided those products are not intended to allow the redistribution or reuse of the image(s).
- Any other uses approved in writing by Nupur Bhatnagar.

Licensee may alter, crop, modify or adapt the image in connection with the above permitted uses.

Restrictions on Use
- Except as provided herein, License may not
- Sublicense, sell, assign, convey or transfer any of its rights under this agreement.
- Incorporate the images into a logo, trademark or service mark.
- Use any image in pornographic, defamatory, or otherwise unlawful or immoral content, or in such a manner that infringes upon any third party’s Trademark or Intellectual Property.

Termination
Notwithstanding any of these terms and conditions, Nupur Bhatnagar reserves the right, without notice, to terminate this agreement and to block Licensee’s use of the website, in the event of the Licensee having breached any of the terms and conditions of this agreement.
Nupur Bhatnagar reserves the right to change any of the terms and conditions contained in this agreement at any time and the Licensee’s continued use of the website following the posting of such changes, will constitute the Licensee’s acceptance to such changes.

Waiver
No action of Nupur Bhatnagar other than express written waiver may be construed as a waiver of any provisions of this agreement.

Indemnity
You agree to indemnify and hold Nupur Bhatnagar and her employees, harmless against any damages or liability of any kind arising from the use of the image other than the uses expressly permitted by this agreement.

Governing law and Jurisdiction
The terms of the license are governed by and construed in accordance with the relevant Indian laws. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Courts and Forums located in Delhi and you hereby consent and submit to the personal jurisdiction of such Courts and Forums for the purposes of litigating any such action.

 

 

Exclusive License Agreement
(An Exclusive license provides the licensee with an assurance that the same image will not be licensed to any Third Party for the duration of the agreement).
This agreement governs the use of any image purchased from Nupur Bhatnagar under the terms of Exclusive license.
Currently Exclusive licenses are available in respect of images downloaded in extra-large sizes.
Your purchase or use of any image product signifies your acceptance to these terms and conditions. Your right to use the photographs (images) are conditional upon not only one time payment for the photograph but also a yearly charge of Rs. Five thousand only, per photograph, for the exclusive use of the image, payable from the date of purchase. If the licensee fails to pay additional charge of Rs. five thousand for any subsequent year, than this Exclusive use of image agreement will revert back to Non Exclusive use image agreement and Nupur Bhatnagar shall be at liberty to license the same image to any third party. This is the default condition of sale.
Subject to the terms of this license agreement, Nupur Bhatnagar, grants the licensee, a world wide, perpetual, non transferable, Exclusive, (subject to the additional payment of Rs. five thousand per year per photograph) right to reproduce, transmit, unlimited number of times, in any and all media, for the purposes described below.

Permitted uses
1) Any advertising and promotional products, including printed materials, product packaging, presentations, films and video presentations, Commercials, catalogues, broacher’s, promotional greeting cards and post cards.
2) Any entertainment applications, such as books, book covers, magazines, newspapers, editorials, newsletters and video broadcast and theatrical presentations.
3) Any online or electronic publication, including web pages.
4) Any prints, posters and other reproductions, including those for resale, provided those products are not intended to allow the redistribution or reuse of the image(s).
5) Any other uses approved in writing by Nupur Bhatnagar.
Licensee may alter, crop, modify or adapt the image in connection with the above permitted uses.

Restrictions on Use
Except as provided herein, License may not
1) Sublicense, sell, assign, convey or transfer any of its rights under this agreement.
2) Incorporate the images into a logo, trademark or service mark.
3) Use any image in pornographic, defamatory, or otherwise unlawful or immoral content, or in such a manner that infringes upon any third party’s Trademark or Intellectual Property.

Termination
Notwithstanding any of these terms and conditions, Nupur Bhatnagar reserves the right, without notice, to terminate this agreement and to block Licensee’s use of the website, in the event of the Licensee having breached any of the terms and conditions of this agreement.
Nupur Bhatnagar reserves the right to change any of the terms and conditions contained in this agreement at any time and the Licensee’s continued use of the website following the posting of such changes, will constitute the Licensee’s acceptance to such changes.

Waiver
No action of Nupur Bhatnagar other than express written waiver may be construed as a waiver of any provisions of this agreement.

Indemnity
You agree to indemnify and hold Nupur Bhatnagar and her employees, harmless against any damages or liability of any kind arising from the use of the image other than the uses expressly permitted by this agreement.

Governing law and Jurisdiction
The terms of the license are governed by and construed in accordance with the relevant Indian laws. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Courts and Forums located in Delhi and you hereby consent and submit to the personal jurisdiction of such Courts and Forums for the purposes of litigating any such action.