LICENSE AGREEMENT(S) and TERMS OF SERVICE (TOS)
Dear Ranmira Customer/Browser: The following Terms of Service ("TOS") is a legal agreement between you and Ranmira by which you are entering into this agreement ("you" or "Customer") and Ranmira accepts them will and sets forth the rights and obligations with respect to any product development, graphics, Content licensed/purchased by you. By entering into this TOS, you verify and assure that your profile information is correctly declared while signing-in/enquiring in our website. PLEASE READ THIS TOS VERY CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Ranmira.com may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Ranmira believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. Please revisit these TOS when you purchase any product development, graphics, Content licenses. Ranmira reserves the right to modify the TOS at any time in its sole discretion. Ranmira requests you to visit its License Agreement time to time to acknowledge such changes. Modifications to these TOS will apply to all users i.e., the prospective purchases, visitors or website browsers. By licensing Content following any such modifications, you agree to be bound the TOS as modified.
For clarity, if a user is acting in an employment capacity, the employer will be deemed the licensee for the purposes of the license. • "Content" means all content available for license from the ranmira website, including Images and Illustrations. • "Image(s)" means still photographs, vectors, drawings, graphics, and the like.
PART I – CONTENT LICENSES
1. Ranmira hereby grants you a non-exclusive, non-transferable rights to use and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein: IMAGE LICENSES
i. A STANDARD IMAGE LICENSE grants you the right to use Images: 1. As a digital reproduction, like in websites, online advertising, social media, mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including, video-sharing services such as YouTube, Dailymotion, etc. 2. Printed in physical form as part of product packaging and labelling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, book publishing, book covers, marketing flyers, brochures, etc. 3. As part of an "Outdoor" advertising campaign. 4. Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised. 5. For your own personal or commercial use except the below strict prohibitions.
ii. Strict Prohibitions: 1. Resale of images and photographs in any photographic galleries, photographic websites, photoblogs, online galleries, online photostocks etc. 2. The portrait images or, the image of individuals should not be reused in magnets, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution. 3. The portrait images should not be super-imposed for any commercial reuse, resell or, for any illegal activities. 4. Non of the Ranmira services graphics, Content images should be reused in any adult sites, or contents.
PART II - WARRANTIES AND REPRESENTATIONS 1. Ranmira warrants and represents that: a. Ranmira's users have granted ranmira, all necessary rights to action or, take immediate action for any breach of agreement taken place as mentioned under Part I. b. The Content in its original unaltered form and used in full compliance with these TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property rights; ii) violate any third parties' rights of privacy or publicity; iii) violate any Indian law, statute, ordinance, or regulation; or iv) be defamatory, libellous, pornographic or obscene. 2. While Ranmira makes reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated, “Ranmira makes no warranties and or, representations for any usage of any keywords, titles or description". For the sake of clarity, Ranmira will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, or the use of its Digital Content. 3. Ranmira makes NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION. PART III - INDEMNIFICATION AND LIABILITY 1. You agree to defend, indemnify and hold harmless to Ranmira Images, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Ranmira Content, or your violation of any rights of another. 2. Ranmira shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content. 3. You will indemnify and hold Ranmira, harmless against any damages or liability of any kind arising from any use of the Content other than the uses expressly permitted by the TOS. You further agree to indemnify Ranmira for all costs and expenses that you or, Ranmira incurs for any unusual usage of the content. 4. If Ranmira is required to collect direct or, indirect taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such taxes as you may be required to self-assess said tax under the applicable laws of your residing country. 5. "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Content or the right to use Content. You may however, make a one-time transfer of Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Content subject to the terms and conditions herein. If you become aware that any social media website uses any Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site, and to promptly notify Ranmira at firstname.lastname@example.org of each such social media website's use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorized duplication of any Content please notify us via email at email@example.com. 6. Upon notice from Ranmira, or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Ranmira may be liable, or if Ranmira removes any Content for any reason and gives you notice of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Content at your own expense. Ranmira shall provide you with comparable Content (which comparability will be determined by Ranmira its reasonable commercial judgment) free of charge, but subject to the terms and conditions of these TOS. 7. If you use any Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to Ranmira, upon Ranmira’s reasonable request. 8. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled in New Delhi, India administered under the Arbitration Act, 1940, in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be New Delhi, India. The language of the arbitration shall be English and Hindi. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. Ranmira shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Ranmira, such action is necessary or desirable. 9. These TOS shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. These TOS are governed by and shall be construed in accordance with the laws of Indian Penal Code of conduct, without respect to its conflict of laws principles. 10. If you are entering into these TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally be liable to Ranmira for any breaches of the terms as mentioned under TOS. You hereby grant Ranmira a worldwide, non-exclusive, limited license to use your trademarks in Ranmira’s promotional materials, including a public customer list. For the purposes of these TOS, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on March 5, then it will close on April 4. If you purchase a monthly subscription on August 31, your subscription will end on September 30. You need to buy a fresh subscription to get the continued service. If any individual term of these TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of these TOS, so that these TOS shall otherwise remain in full force and effect. 11. It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties. 12. In the event that you breach any of the terms of this or any other agreement with Ranmira then, it Ranmira holds the right to terminate your business / account without further notice, in addition to Ranmira's other rights at law and/or equity. Ranmira shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach. 13. Except as expressly set forth herein, Ranmira grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be contained in any of its Content. 14. Ranmira does not warrant that the Content, Ranmira website, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Content is solely with you. 15. In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Ranmira. Ranmira will promptly file a complaint to its local crime complaint centre in India.