Terms Of Use

THE TERMS AND CONDITION FOR USE OF IMAGE / IMAGES / FOOTAGE FROM WWW.MILINDKETKAR.IN

1.Definitions applicable for this terms and conditions are as listed below.

1.1 "The Client” means the party using & downloading the image / images / footage from  www.milindketkar.in for the end user or the end user himself.

1.2 "Defined End use” means the specific product, service or the entity that is being promoted by the use of the image.

During the purchase process of image, the identity of specific "end user" of the image / images / footage  will be asked for. If you are an ad agency or graphic designer working on a project for a specific client, it is that client and/or the specific product or service they are promoting who is the "end user" of the image/images/footage. 

After licensing a Non Exclusive Rights image the specific designated end-user may only use the image as per the agreed usage license. Non-other except the designated end-user is authorised to use the licensed image / images / footage.

1.3 Proper identification of the Defined End User is an important term of this Agreement. No rights will be granted until the Defined End User is identified. Milind A. Ketkar reserves the right to revoke this License Agreement at any time if, in Milind A. ketkar’s  sole discretion, the Defined End User has not been identified.

1.4 "Invoice cum License” is a document issued by Milind A. ketkar to the Client granting limited reproduction rights in specified Images.

1.5 "Image / images / footage” means all image / images / footage and  respectively, and related informational materials in any medium obtained from or furnished by www.milindketkar.in hereunder, including without limitation related metadata, text, captions, or information.

1.6 "Invoice”means the computer generated or pre-printed invoice which includes without limitations the permitted scope of use of the image / images / footage selected and the corresponding price for the license of such image / images / footage.

1.7 "Reproduction”means any form of copying or publishing of the whole or part of any image / images / footage by any means whatsoever. Reproduction shall also include any distortion or manipulation of the whole or part of any image / images / footage.

 

Ownership of www.milindketkar.in

This site is operated by MILIND A. KETKAR, 12,Mayuresh,138-B,Off L.J.Road,Sitaladevi, Mahim,Mumbai-400016. All the rights on the content included in www.milindketkar.in website such as image / images / footage, text, graphics, illustrations and  (the" Content") are owned by MILIND A. KETKAR or its licensors. All elements of www.milindketkar.in  website, including without limitations, the design and the Content are protected by industrial and intellectual property laws and international treaties.

Use of the Content

Unless explicitly permitted by MILIND A. KETKAR, you may not reproduce, distribute, transmit or otherwise exploit the Content in any way. You must abide to all other terms and conditions regarding the licensing of image / images / footage. You shall indemnify MILIND A. KETKAR and its licensors against any losses, expenses, costs or damages incurred as a result of your breach of the present Terms and Conditions or your unauthorized use of the Content.

Disclaimers

Although MILIND A. KETKAR uses its best efforts to ensure the accuracy of the Content on the site, this site may contain errors, mistakes or inaccuracies. We make no guarantees as to the accuracy, correctness or reliability of the Content. MILIND A. KETKAR may change the Content of this site, at any time, without prior notice.

In no event shall MILIND A. KETKAR be liable to you for any damages of any kind arising out of or in connection with the use of this site.

Law and Venue

These Terms and Conditions of use shall be interpreted, construed and governed by the laws of India, and all disputes arising under the present shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Mumbai, India.

Should any clause of these Terms and Conditions be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.

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LICENSING TERMS

(Comping License Agreement)

This is a legal agreement between you and MILIND A. KETKAR Please read carefully this agreement. By downloading any image / images / footage from this site, you agree to be bound by the terms and conditions of this agreement. If you do not agree with the terms and conditions of this agreement do not use or download the image / images / footage contained in this site.

If you are entering into this agreement on behalf of your employer, this license and all the restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer.

All the image / images / footage included in this site are copyrighted and all rights to these image / images / footage are owned by MILIND A. KETKAR and its licensors. All rights that are not specifically granted to you by this agreement are reserved.

I

Grant of License for Comping Use Only

By this Agreement, MILIND A. KETKAR grants you, for a period of 30 days, a personal, non-exclusive and non-transferable right to use the image / images / footage solely for viewing purposes and to create preliminary layouts and comps. You may make only one copy of the image / images / footage into your computer hard drive for the limited purposes of examination and preliminary layouts and comps, being understood that such copy shall be destroyed after usage.

II

Unauthorized Uses

i

By the present agreement, you are not granted the rights to:

use the image / images / footage for any advertising, promotional or editorial use or any commercial application of the image / images / footage

create derivative works, being anything sourced from or referenced from a pre-existing Image / images / footage

license, sell, publish or distribute any of the image / images / footage in whole or in part

place the image / images / footage On-line in a downloadable, FTP or other similar format

use the image / images / footage in any defamatory, libellous, pornographic, fraudulent, infringing or tortuous way. Advance written permission is required for use of image / images / footage for sensitive subjects, included, but not limited to, substance abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer or other serious physical or mental ailments or the disparagement of a person or product

use the image / images / footage or allow the use of the image / images / footage in any way that violates the right to privacy or publicity

use the image / images / footage for any other purposes than the ones specifically granted in paragraph I

ii

Without limiting MILIND A. KETKAR’s rights on the image / images / footage, any unauthorized use of image / images / footage constitutes copyright infringement entitling MILIND A. KETKAR to exercise all rights and remedies under applicable copyright laws and treaties.

iii

You agree to indemnify and hold MILIND A. KETKAR harmless from any and all claims, liabilities, damages, costs and expenses including lawyer’s fees, arising from any unauthorized use of image / images / footage.

III

Divisibility & Severability

Should any clause of the present Agreement be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.

IV

Indemnity

You agree to indemnify and hold MILIND A. KETKAR harmless from any and all claims, liabilities, damages, costs and expenses including lawyer's fees, arising from any unauthorised use of image / images / footage.

V

Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of India, and all disputes arising under this agreement shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Mumbai, India. Notwithstanding this, this shall not preclude MILIND A. KETKAR from reserving the right to resolve a dispute in another competent jurisdiction.

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LICENSING TERMS

(End-User License Agreement)

This is a legal agreement between you and MILIND A. KETKAR. Please read this agreement carefully. By downloading and/or using any image / images / footage you agree to be bound by the terms and conditions of this agreement. If you do not agree with the terms and conditions of this agreement do not download or use any image / images / footage contained in this site.

If you are entering into this agreement on behalf of your employer and/or principal, this license and all the restrictions and limitations recited herein apply to your employer and/or principal as well as to you as a representative and/or agent of your employer and/or principal. You hereby further warrant and represent to MILIND A. KETKAR that you have full and express authority to enter into this agreement on behalf of your employer and/or principal and that you will not use any image / images / footage obtained from MILIND A. KETKAR for the benefit of any other person or entity without entering into a separate license with MILIND A. KETKAR.

All image / images / footage are copyrighted and all rights to these image / images / footage are owned by MILIND A. KETKAR and its licensors. MILIND A. KETKAR retains all rights not specifically granted to you by this agreement. Your right to use any image / images / footage is subject to your full payment of the license and the restrictions set forth in this agreement.

I

Rights Granted

A

For  Rights Managed AND Rights Managed Editorial image / images / footage

i

Conditioned upon your full payment of the license and your compliance with the terms of the Invoice and this Agreement (including all restrictions), MILIND A. KETKAR grants you a non-exclusive (unless otherwise stated in the Invoice), non-sublicensable, non-transferable right to reproduce the RM image / images / footage listed in the Invoice in accordance with the reproduction rights granted and specified in the Invoice.

ii

The rights hereby granted to you are non-transferable which means that any work that you produce using RM image / images / footage must be for your own use, or for the use of your direct employer or client, who must be the end-user of your work (as long as all relevant data pertaining to any such end-user is clearly stated in the Invoice for having been provided to MILIND A. KETKAR prior to licensing). In any such event, you hereby agree to be jointly and severally liable for any breach of the terms hereof by your employer and/or client.

iii

Unless otherwise specified on the Invoice, the license granted on the  RM image / images / footage are strictly limited to the use, medium, period of time, territory and any other restrictions specified on the Invoice, which is incorporated into this agreement by this reference, and as incorporated together with this agreement constitutes the full license granted.

iv

Unless otherwise stated in the Invoice, all licenses on the  RM image / images / footage are granted for a one time use, single territory, in one single language, and for a term of one (1) year from the date the applicable Invoice is issued.

v

All rights not specifically granted to you are reserved. The license fee on the RM image / images / footage depends on the nature of the rights granted, therefore you undertake to obtain an additional license before undertaking any expanded use of any RM Image / images / footage.

For Rights Managed  Editorial Image / images / footage

Products in our editorial collections are licensed with restrictions on usage, such as limitations on size, placement, duration of use and geographic distribution. Editorial products must be used in an "editorial" manner, which means use relating to events that are newsworthy or of public interest. If you wish to use an image or film from our editorial collections for a non-editorial use, you must contact owner of this site. All licenses of editorial products are subject to Rights-Managed Footage License Agreement.

B

For  Royalty Free image / images / footage

Conditioned upon your full payment of the license and your compliance with the terms of the invoice and this Agreement (including all restrictions), MILIND A. KETKAR grants you a personal, non-exclusive and non-transferable right to use and reproduce, for your own commercial or non-commercial use, on a worldwide and perpetual basis, the Royalty Free image / images / footage (regardless of the form in or media on which the image / images / footage are delivered to you, including, but not limited to electronic or online transmission, CDs or DVDs) (hereinafter "the Image / images / footage(s)"), in the following ways:

 usage: refers to any type of  advertising, promotional materials, publications or products (including products offered for sale except as prohibited in Section III below).

­­any digital or electronic materials including websites (but not website templates), multimedia presentations and CD-ROMs provided that no Image / images / footage is at a resolution greater than 480 by 640 pixels (72 dpi) and each Image / images / footage is incorporated into a design in such a fashion that it is clearly not intended to be separately downloaded, copied or distributed by any third party.

NOTE: Image / images / footage ARE NOT SOLD; THEIR USE IS LICENSED TO YOU.

II

Restrictions on Use

A

For  Rights Managed AND Rights Managed Editorial image / images / footage

i

The RM image / images / footage may not be used for any pornographic, unlawful purpose or use or to defame any person or violate any person's right of privacy or publicity or to infringe upon any copyright, trade name, trademark or service mark of any person or entity. Advance written permission from MILIND A. KETKAR is required for use of any RM image / images / footage for sensitive subjects, including without limitation, topics that may depict the subject matter of an RM image / images / footage in a negative or unfavourable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product.

ii

MILIND A. KETKAR reserves the right not to license any RM image / images / footage for any reason whatsoever.

iii

You may only use a single copy of the RM image / images / footage on a single computer. You may only download the  RM image / images / footage onto one (1) computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the  RM image / images / footage for any purpose except as otherwise provided in the Invoice. Notwithstanding the foregoing, you shall be allowed to make one (1) backup copy for security purposes only.

iv

Upon termination or expiration of the license, you shall cease any use of the RM image / images / footage and promptly erase or destroy any reproducible copies of the same.

B

For Basic Royalty Free image / images / footage

i

The rights hereby granted to you are non-transferable which means that any work that you produce using an Image / images / footage must be for your own use, or for the use of your direct employer or client, who must be the end-user of your work. You may not sublicense, sell, assign, convey, dispose of, loan, give or otherwise transfer to anyone any CD, DVD or alike (hereinafter the "Disc Product") or any of the image / images / footage or the right to use the Disc Product or the image / images / footage except insofar as an Image / images / footage has been included by you into one of the authorized uses referred to in Section II above and nothing you produce shall grant or purport to grant to any third party a right to use or reproduce the image / images / footage. You hereby agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the image / images / footage.

ii

If you are entering into this License Agreement for the benefit of, and/or as an agent on behalf of your direct employer (Employer) or client (Final Client), then you represent and warrant that  i) such Employer and/or Final Client has authorized you to enter into this License Agreement and that the licenses granted hereunder are on that Employer's and/or Final Client's behalf, that such Employer and/or Final Client has agreed to be bound hereby and that you have actual and express authority to act on behalf of and bind such Employer and/or Final Client to the terms of the present License Agreement; ii) the image / images / footage and the End-Use of the same are solely for the benefit of Employer and/or the Final Client and that you will not use the image / images / footage or End Use for the benefit of any other person or entity without entering into a separate license with MILIND A. KETKAR; and iii) you will comply with all the terms hereof and shall be jointly and severally liable for any breach of the terms hereof by the Employer and/or the Final Client.

iii

Even though you may sell or license derivative works incorporating the image / images / footage, you may not use any image / images / footage for sale or license where the primary value resides in the Image / images / footage itself nor include any  image / images / footage  in an electronic template intended to be reproduced by third parties on electronic products.

iv

You may not sell, license or distribute any derivative work containing any Image / images / footage in a way that would allow a third party to download, extract or access the  image / images / footage as a stand-alone file.

v

If image / images / footage are licensed by a company, they may be shared by creating an image / images / footage library, image / images / footage storage jukebox, network configuration or similar arrangement as long as no more than ten (10) specific employees (hereinafter the "Users") within the same company and no more than one User at a time get access to the image / images / footage, unless a separate seat license is purchased for each additional User, before such additional use begins. This is not a simultaneous user agreement.

vi

Except as specifically provided in the previous paragraph, the image / images / footage may not be shared or copied and you may not create a network of servers, either with or without a central location to enable others to share the image / images / footage.

vii

The image / images / footage may not be used as part of a logo, trade name, service mark or trademark or used to infringe on anyone's logo, trade name, service mark or trademark.

viii

The image / images / footage may not be posted online nor placed in any other electronic distribution system in a downloadable format, FTP or similar nor enabled to be distributed via mobile telephone devices.

ix

The image / images / footage may not be used for any pornographic, unlawful purpose or use or to defame any person or violate any person's right of privacy or publicity or to infringe upon any copyright, trade name, trademark or service mark of any person or entity. Advance written permission from MILIND A. KETKAR is required for use of image / images / footage for sensitive subjects, including without limitation, topics that may depict the subject matter of an Image / images / footage in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer or serious physical or mental ailments, or the disparagement of a person or product.

x

Upon notice of discontinuance of a license for any particular image / images / footage, you agree not to use such image / images / footage in the future. To the fullest extent permitted by law, your sole remedy for any recalled image / images / footage shall be, at MILIND A. KETKAR's sole discretion, the replacement of such recalled image / images / footage with another Image / images / footage or the refund of any license fee paid attributable to such recalled image / images / footage.

xi

If the image / images / footage are used in an editorial manner, you must include the following credit adjacent to the image / images / footage: "[Name of the collection]/[MILIND A. KETKAR]"

III

Unauthorized Uses and Indemnification

i

Any use of any image / images / footage beyond the scope of the license set forth on the Invoice or in a manner not expressly authorized by/or in breach of the present Agreement constitutes infringement of copyright, entitling MILIND A. KETKAR to exercise all rights and remedies available under all applicable laws.

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