PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE Fotocrats.com WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND Sepia Advertising Pvt. Ltd. (hereafter "Sepia Advertising"). YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE "SITE TERMS").
By accessing any service or part thereof under the Fotocrats.com domain, you agree to be bound by the terms of this Agreement. Sepia Advertising reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE.
Sepia Advertising may change these Terms of Use and other guidelines and rules posted on the Website from time to time. Your continued access or use of the Website constitutes your acceptance of such changes. Your access and use of the Website will be subject to the current version of the Terms of Use, rules and guidelines posted on the Website at the time of such use.
If you use this website without registering with us, then you will have no rights whatsoever to do anything but you are welcome to look at the Images and read the information on the Website.
This website is owned, maintained and operated by “Sepia Advertising Pvt. Ltd.” All images on this website are owned by Sepia Advertising or its contributor and are protected by the intellectual property rights. Sepia Advertising reserves all rights not expressly granted by this agreement. Unless explicitly permitted by Sepia Advertising you may not reproduce, distribute, transmit or otherwise exploit the content in anyway. You must abide to all other terms and conditions regarding the Licensing of Images. The license contained in this agreement will terminate automatically without notice from Sepia Advertising, if you fail to comply with any provision of this agreement. Upon termination, you must destroy all materials obtained from this site, copies, and other related documentation thereof. You shall indemnify Sepia Advertising 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 unauthorised use of the content. In addition, Sepia Advertising reserves the right to terminate this site without notice.
All images and other content on this Website (collectively the "Content"), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, "Intellectual Property Laws"). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein or in the Subscriber Terms of Service, Sepia Advertising does not grant any express or implied permission to use any Content. You agree not to copy, print-screen, republish, re-transmit, frame, link to, meta-tag, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Website or any or the Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from India or the country in which you reside. You are allowed to use this Website only and strictly for lawful purposes and activities.
All materials (including the organisation and presentation of such material) on this Website (the “Materials”) are the sole property of Sepia Advertising and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. All title, ownership and intellectual property rights in the Website and its content shall remain with Sepia Advertising, its affiliates’ or licensor’s, as the case may be and does not pass on to you or your representatives unless specifically entered into an agreement for the same.
The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
In accordance with the Indian Copyright Laws, 1957 and other applicable laws, Sepia Advertising has adopted a policy of terminating, in appropriate circumstances and at Fotocrats sole discretion, account holders who infringe the intellectual property rights of Fotocratss’ or any third party.
If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Sepia Advertising Pvt. Ltd.
Address: B-7, Second Floor, Sector-2, Noida (U.P), India- 201301
Phone No: 0120 - 4346600
Sepia Advertising may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a use’s email address and may also remove the infringing content uploaded by the user. In case, Sepia Advertising is not endorsing the sale of any such content.
For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Fotocrats Website or Sepia Advertising. Sepia Advertising is the sole exclusive owner of the Trademarks. Nothing contained herein grants or shall be construed to grant you any rights to use any Trademark, unless expressly conferred by these Terms of Use .You agree that you will not use Fotocrats's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Sepia Advertising. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Fotocrats Trademarks or the Trademark rights claimed by Sepia Advertising.
You agree that you will not use any Sepia Advertising Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. You may not at any time, adopt or use, without Fotocrats's prior written consent any word or mark which is similar to or likely to be confused with any of the Sepia Advertising’s Trademarks. The look and feel of the Fotocrats website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Fotocrats and may not be copied, imitated or used, in whole or in part, without the prior written consent of Sepia Advertising.
All other trademarks, product names, and company names or logos used or appearing on the Fotocrats website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Sepia Advertising, unless expressly so stated. You may not use a Fotocrats trademark, logo, Image or other proprietary graphic of Fotocrats to link to the Fotocrats website without the prior written consent of Sepia Advertising. You may not frame or hotlink to the Fotocrats website or any Image without the prior written consent of Sepia Advertising.
This Website may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Sepia Advertising monitors or endorses these Web sites. Sepia Advertising does not accept any responsibility for such Web sites. Sepia Advertising shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources. These links are provided to you only as a convenience, and the inclusions of any link does not imply affiliation, endorsement or adoption by Sepia Advertising of any website or any information contained therein.
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; and (e) accept all responsibilities for any and all activities from your account and also accept all risks for unauthorised access to the registration data or any other information you provide to Sepia advertising.
This Website may contain photographic images and content uploaded (“User Content”) in which you or third parties create post or store any content, messages, comments, materials or other items on the Website. You are solely responsible for your use of such User Content and use them at your own risk.
Sepia Advertising takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Sepia Advertising liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornographic you may encounter. Your use of the User Content is entirely at your own risk. As a provider of User Content, Sepia Advertising is not liable for any statements, representations and User Content provided by its users. Although Sepia Advertising has no obligation to screen, edit or monitor any of the User Content posted on the Website, Sepia Advertising reserves the right and in its absolute discretion can remove, screen or edit any User Content posted on the website at any time and for any reason without notice. You are solely responsible for creating backup copies of the User Content posted by you on the Website at your sole cost and expense.
Any use of the Website or other provisions of the Website in violation of the foregoing violates these Terms and may result, in among other things, termination and suspension of your account and your rights to use the Website. You acknowledge and agree that Sepia Advertising may access, use or disclose any information about you or your use of this Website, including, without limitation, any User Content, personal information and other information required to comply with the law or any legal process; protect and defend the rights or property of Sepia Advertising; or to protect the safety of Sepia Advertising, its affiliates, parent, their respective directors, employees, officers, customers or the public.
If you post User Content to the Website, unless we indicate otherwise, you grant Sepia Advertising and its affiliates and subsidiaries, a non-exclusive, royalty free, perpetual, irrevocable and fully sub-licensable right to use, distribute, perform and publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Sepia Advertising, its affiliates and subsidiaries and sub-licensees the right to use the name that you submit in connection with such Content, if they choose.
If you post User Content to the Site, you represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Sepia Advertising acts as a content integrator and is not responsible for the information and Content provided by User(s) to be displayed on the Website. Sepia Advertising does not have any role in development of the User Content.
THIS WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SEPIA ADVERTISING DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL SEPIA ADVERTISING OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILTY OF SEPIA ADVERTISING, WHETHER IN CONTRACT, WARRANTY,TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILTY, STRICT LIABILTY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SEPIA ADVERTISING FOR AACCESS TO OR USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTEND THEY ARE PROHIBITED OR SUPESEDED BY STATE OR NATIONAL PROVISIONS.
Notwithstanding any of these Website terms and conditions, Sepia Advertising reserves the right, without notice in its sole discretion, to terminate your account and/or block your use of the Website. Upon termination, you must destroy and cease to use all materials obtained from this Website, copies and related documentation thereof with immediate effect
You agree to indemnify, defend and hold Sepia Advertising, its affiliates, subsidiaries and their respective directors, employees, officers and agents harmless against all claims, damages, costs, expenses and liabilities asserted against Sepia Advertising arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
Any waiver of any provision of the Website Terms will be effective only if in writing and signed by Sepia Advertising on behalf of Fotocrats. If any clause in these Website Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Any dispute, violation, controversy, contest or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (hereinafter the “Disputes”) shall be resolved amicably in the first instance. The Parties agree to meet to resolve such dispute in good faith. Should such a solution not be reached, within [30] days from the date of commencement of the dispute, difference or disagreement or such longer period of time as may be mutually agreed by the Parties in writing, such dispute, difference or disagreement shall be referred to Arbitration and shall be finally resolved through arbitration conducted by a tribunal of three arbitrators, with the right of each party to appoint an arbitrator, who in turn will appoint a Presiding Arbitrator. The Presiding Arbitrator shall pass a speaking award. Any order/directions/awards of the majority of the tribunal shall be final and binding on both the parties. The arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act 1996 and Rules there under as at present in force. The seat of arbitration shall be Delhi, India. The arbitration shall be administered in accordance with its practice, rules and regulations. If the award passed in the Arbitration proceeding is not acceptable to any of the Party, then the Party is free to approach the appropriate court of law as agreed herein below. This Agreement shall be construed in accordance with and governed by the laws of India without giving effect to their conflict of laws principles or rules. The courts at Delhi, India shall have exclusive Jurisdiction.
Sepia Advertising reserves the right to change any of the terms and conditions contained in the Website Terms or any policy or guideline of the Website, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the bottom of the Website Terms. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Website Terms whenever you visit one of our websites.
Sepia Advertising contemplates in building long-term healthy relations with its clients as far as possible. In the event you feel that the image purchased by you is not as per your prospects and outlook, you can bring it to the communication of our customer care team within 24 hours of procuring the image. The management of the Fotocrats will look into the matter and will inform you the decision within 7 days of receiving the email at customercare@fotocrats.com.
Fotocrats offers refund for both rights-managed and royalty free images. If images bought by you don’t meet your needs or you are not satisfied with your purchase and you have NOT USED the image, you can contact us for refund within forty-five (45) days of your purchase. However, this is subject to the discretion of the management after scrutinising the application for refund along with the reasons specified by you. Refunds after processing will be made within 15 days period.
Questions or comments about the Website or its Terms and conditions may be directed to Fotocrats at sales@fotocrats.com or by calling at 099903 24442
