License Agreement

Dear Photo Becho Customer:

The following Terms of Service ("TOS") is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you" or "Customer") and Photo Becho and sets forth the rights and obligations with respect to any Content licensed by you. By entering into this TOS, you verify that your country of residence is the same as your billing address.

Please revisit this TOS when you purchase any Content licenses. Photo Becho reserves the right to modify the TOS at any time in its sole discretion. Prior to such changes becoming effective, Photo Becho will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your Photo Becho account, an announcement on this page, your login page, and/or by other means. Modifications to this TOS will only apply to prospective purchases (including any automated renewals). By licensing Content following any such modifications, you agree to be bound the TOS as modified.



PART I - VISUAL CONTENT LICENSES
  1. Photo Becho hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
    • IMAGE LICENSES
      • A STANDARD IMAGE LICENSE grants you the right to use Images:
        • As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-section I.a.i.4 below);
        • Printed in physical form as part of product packaging and labelling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books
        • As part of an "Out-of-Home" advertising campaign, including on billboards, street furniture, etc
        • Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size
        • For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)
      • AN ENHANCED IMAGE LICENSE grants you the right to use Images (which rights are in addition to 1-5 above and exclusive to Enhanced Image Licenses):
        • In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
        • Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
        • In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.
        • Incorporated as elements of digital templates for sale or distribution.
      • If the Standard or Enhanced Image licenses do not grant the rights you require please contact Customer Service. (Email: Customer Support)
    • EDITORIAL LICENSE
      • AN EDITORIAL LICENSE grants you the right to make a single, editorial use of an item of Editorial content, which single use may be distributed worldwide, in perpetuity.
      • A "single use" for the purposes of this license permits the use of Editorial content in a single context (i.e., a news story, blog post, page of a publication) a single time, provided you shall have the right to distribute that use in-context across unlimited mediums and distribution channels. For example, the use of Editorial content to illustrate a printed article, maybe reused on a blog, on social media, etc., provided it is in-context to the original printed article. Any use not in-context to the original printed article would require an additional license.
      • An "editorial use" for the purposes of this license shall be a use made for descriptive purposes in a context that is newsworthy or of human interest and expressly excludes commercial uses such as advertising or merchandising.
      • All Editorial content shall be deemed "Editorial Use Only" for the purposes of this TOS.
      • Not all Editorial content is available for license from the Photo Becho website, nor may it be available from all subscriptions. You understand that the Editorial content available for license can change at any time and you shall have no right to demand to license any particular item of Editorial content. If you want to license any Editorial content not available for license from the website, please contact Customer Service. (Email: Customer Support)
  2. RESTRICTIONS ON USE OF VISUAL CONTENT
    YOU MAY NOT:
    • Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
    • Portray any person depicted in Visual Content (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
    • Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libellous, obscene, or illegal.
    • Modify Visual Content designated "Editorial Use Only" in a manner that changes the context of what is depicted.
    • Use Visual Content designated "Editorial Use Only" (including, but not limited to, Editorial content) for commercial purposes, including for reference, in any advertising, merchandise or other non-editorial contexts.
    • Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a "gallery" of content through which third parties may search and select from such content.
    • Use Visual Content in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
    • Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
    • Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
  3. CREDIT AND COPYRIGHT NOTICES
    • The use of Images and Footage in connection with news reporting, commentary, publishing, or any other "editorial" context, shall be accompanied by an adjacent credit to the Photo Becho contributor and to Photo Becho in substantially the following form:
      "Name of Artist/Photo Becho.com"
    • Editorial credits shall take the following form:
      "Name of Artist / Agency / Photo Becho"
    • If and where commercially reasonable, the use of Images in Merchandise shall be accompanied by a credit to Photo Becho in substantially the following form:
      "Image(s) used under license from Photo Becho.com"
    • Credit attributions are not required in connection with any other use of Footage or Images unless another stock content provided is afforded credit in connection with the same use. For clarity, attribution is always required for Editorial content.
    • In all cases the credit and attribution shall be of such size, colour and prominence so as to be clearly and easily readable by the unaided eye.


PART II - WARRANTIES AND REPRESENTATIONS
  • Photo Becho warrants and represents that:
    • Photo Becho's contributors have granted Photo Becho all necessary rights in and to the Content to grant the rights set forth in Part I.
    • Images in its original unaltered form and used in full compliance with this TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties' rights of privacy or publicity; iii) violate any Indian laws, statute, ordinance, or regulation; or iv) be defamatory, libellous, pornographic or obscene.
    • Editorial content in the original unaltered form and used in full compliance with this TOS and applicable law, will not infringe a third party's copyright, it being understood that the foregoing warranty does not apply to elements depicted in the Editorial content.
  • While Photo Becho makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated "Editorial Use Only", PHOTO BECHO MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; For the sake of clarity, Photo Becho will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions.
  • PHOTO BECHO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION.


3. Releases


PART III - INDEMNIFICATION AND LIABILITY
  • Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with Photo Becho, Photo Becho will defend, indemnify, and hold you harmless up to the applicable "Limit of Liability" set forth below. Such indemnification is solely limited to Customer's direct damages arising from a third-party claim directly attributable to Photo Becho's breach of the express warranties and representations. Indemnification is conditioned upon you notifying Photo Becho, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., the use of Content at issue, the name and contact information of the person and/or entity making the claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be emailed to Photo Becho at [email protected] Photo Becho shall have the right to assume the handling, settlement or defence of any claim or litigation to which this indemnification applies. You agree to cooperate with Photo Becho in the defence of any such claim and shall have the right to participate in any litigation at your own expense. You agree that Photo Becho is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Photo Becho having a reasonable opportunity to analyse such claim's validity.
  • Photo Becho 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.
  • Limits of Liability: Photo Becho's total maximum aggregate obligation and liability (the "Limit of Liability") arising out of each of Customer's:
    • Standard Image Licenses shall be USD $10,000
    • Enhanced Image Licenses shall be USD $250,000
    If you have questions about the foregoing, please contact Customer Service. (Email: Customer Support)
  • You will indemnify and hold Photo Becho, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Visual Content other than the uses expressly permitted by this TOS. You further agree to indemnify Photo Becho for all costs and expenses that Photo Becho incurs in the event that you breach any of the terms of this or any other agreement with Photo Becho.


PART IV - ADDITIONAL TERMS
  • Except when required by law, Photo Becho shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. You authorize Photo Becho to charge you all subscription fees for the duration of the term agreed to at the time of purchase. In the event that Photo Becho determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. (Email: Customer Support).
  • If Photo Becho is required to collect indirect and/or transactional 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 indirect tax. Where Photo Becho or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.
  • "Non-transferable" as used herein means that except as specifically provided in this 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 Photo Becho 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 protected] Becho.com.
  • 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 Photo Becho, upon Photo Becho's reasonable request.
  • This TOS shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. this TOS are governed by and shall be construed in accordance with the laws of the State of Delhi, without respect to its conflict of laws principles.
  • If you are entering into this 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 liable to Photo Becho for any breaches of the terms of this TOS. You hereby grant Photo Becho a worldwide, non-exclusive, limited license to use your trademarks in Photo Becho's promotional materials, including a public customer list. Photo Becho's use of your trademarks shall at all times conform to your then-current trademark use policies as made available to Photo Becho and shall at all times inure to your benefit. Photo Becho further agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt by Photo Becho of your email request to [email protected]
  • The number of Content downloads available to you is determined by the product you purchase. For the purposes of this 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, it will renew on April 5. If you purchase a monthly subscription on August 31, your subscription will renew on September 30.
  • If any individual term of this 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 this TOS, so that this TOS shall otherwise remain in full force and effect.
  • You expressly agree that any feedback provided to you by Photo Becho or its representatives regarding any questions you may have about this TOS or your use of Content licensed hereunder, is solely for the purpose of interpreting this TOS and is not legal advice. Photo Becho cannot render legal advice to you and expressly disclaims any liability of any kind related to any feedback provided by Photo Becho or its representatives.
  • 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.
  • In the event that you breach any of the terms of this or any other agreement with Photo Becho, Photo Becho shall have the right to terminate your account without further notice, in addition to Photo Becho's other rights at law and/or equity. Photo Becho 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.
  • Except as expressly set forth herein, Photo Becho grants no rights and makes no warranties, with regard to the use of personally identifiable information that may be contained in the Content, copyrighted designs or works of art or architecture depicted in any Visual Content. Photo Becho only has model or property releases where expressly indicated on the Photo Becho website.
  • Photo Becho's total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Photo Becho websites and/or Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Photo Becho from you for the applicable Content license.
  • All Content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Content may contain elements that require additional clearance if the Content is modified or used in a particular context. If you make such modification or use Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
  • Photo Becho does not warrant that the Content, Photo Becho websites, 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.
  • In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Photo Becho, Photo Becho will promptly file a complaint.