End User License Agreement

THIS END USER LICENSE AGREEMENT (EULA) is a binding legal agreement between you, as an individual or the employer or other entity on whose behalf you are entering into this agreement, and Living Media India Limited (LMIL) and sets forth the rights and obligations with respect to any Content licensed by you. By downloading, accessing, installing or using the Content available on the website https://www.indiacontent.in/ (Website), you agree to be bound by the terms of this EULA. 

• Royalty-Free

• Worldwide meaning content can be used in any geographic territory. 
• Unlimited, meaning content can be used an unlimited number of times. 
• Any and all media, meaning content can be used in print, in digital or in any other medium or format. 
• Non-Exclusive, meaning that you do not have exclusive rights to use the content. LMIL can license the same content to other customers. If you would like exclusive rights to use royalty-free content, please contact LMIL to discuss a buy-out.

• Rights-Managed/Rights-Ready. Limited to the specific use, medium, period of time, print run, placement, size of content and territory selected, and any other restrictions that accompany the content on the Website (or any other method of content delivery) or in an order confirmation or invoice. 

• Non-Exclusive meaning that you do not have exclusive rights to use the content. LMIL can license the same content to other customers. Exclusive licences may be available for rights-managed content upon payment of an additional licence fee. Please contact LMIL if you are interested in licensing content on an exclusive basis.

1. Website and the Content
   1. The Website is a freely accessible website, and the photos, illustrations, vectors and video clips, as per your requests/ orders (Content) displayed on the Website are available for licensing to you at a cost, as per the terms of this EULA and other related factors such as size, placement, duration of use, and geographic distribution. 
   2. LMIL may discontinue licensing any item of Content at any time in its sole discretion. Upon notice from LMIL, or upon your knowledge, that any Content may be subject to a claim of infringement of a third party's right for which LMIL may be liable, LMIL may require you to immediately, and at your own expense: cease using the Content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. LMIL will make commercially reasonable efforts to provide you with replacement Content free of charge, subject to the other terms of this EULA.

1. License and Content usage guidelines 
   1. Subject to payment of the applicable fee and adherence of the terms and conditions set out in this EULA, LMIL grants you the limited, non-exclusive, right to make a single, editorial and non-commercial use of an item of the Content downloaded by you, which single use may be distributed worldwide, for a period of 15 (fifteen) years.
   2. For the purposes of this EULA, "use" shall mean to copy, reproduce, synchronise, display, editorial broadcast, publish, or otherwise make use of in accordance with the EULA; a "single use" permits the use of the 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; and an "editorial use" 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 promotions, endorsement, marketing, advertising or merchandising.
   3. You acknowledge that no releases are generally obtained for Content identified as "editorial," and that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release. You are also solely responsible for payment of any amounts that may be due under, and in compliance with any other terms of, any applicable collective bargaining agreements as a result of your use of the licensed Content.
   4. Content Usage Guidelines: 
      1. You must include a credit adjacent to the Content or in production credits. The credit should be in the following form or as otherwise stipulated in the caption information accompanying the Content on the Website: "Photo by [Photographer Name]/[Source Name]"
      2. You shall ensure that the usage of the Content is in compliance with applicable laws and the Content is not used in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.
      3. You may not use Content in any way that allows others to download, extract or redistribute Content as a standalone file (meaning just the Content file itself, separate from the project or end use).
   5. You must not use Content depicting people therein (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 and/or alcohol products; c) as suffering from, or medicating for, a physical or mental ailment; or d) engaging in immoral or criminal activities; or (e) endorsement and/or promotion by the Model of goods and/or services offered by you.
      1. The Content shall be used on an "as is" basis and you will not edit or modify the Content except cropping or otherwise editing for technical quality, provided that the editorial integrity of the Content is not compromised.
      2. You agree to retain the copyright symbol, the name of LMIL, the Content's identification number and any other information or metadata that may be embedded in the electronic file containing the original Content, and to maintain appropriate security to protect the Content from unauthorised use by third parties.
      3. You may not falsely represent that you are the original creator of a work that is made up largely of licensed Content. For instance, you cannot create artwork based solely on licensed Content and claim that you are the author.
   6. In the event, you require rights to the Content other than as set out herein including without limitation for promotional and/or commercial purposes, please contact  india.content@aajtak.com for entering into separate and specific license arrangements, at the sole discretion of LMIL.
   7. The following are strictly prohibited without the prior written consent of LMIL and payment of an additional licence fee:
      1. No Use in Trademark or Logo. You may not use Content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such Content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the Content or any similar content (including by LMIL, LMIL's customers, or the copyright owner of such content).
      2. No Merchandising. You may not use Content in connection with standaline products (e.g., products in which a licensed image is selected by a third party for customisation of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items.
      3. No Machine Learning, AI, or Biometric Technology Use. You may not use Content (including any caption information, keywords or other metadata associated with Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.
      4. No Electronic Templates. You may not use Content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).

1. License user and Account Registration 
   1. In order to access the Content and avail the license granted herein, you must create an account with true and accurate details as required by LMIL on the Website.
   2. You acknowledge and agree that the rights granted to you under this EULA are non-transferable and non-sublicensable, save and exceptions:
      1. If you are purchasing on behalf of your employer or client and the same is set out in your user account details, then your employer or client can use the Content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the Content.
      2. You may allow subcontractors (for example, your printer or mailing house) or distributors to use Content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the Content for any other purpose.
   3. You will be responsible for tracking all activity for the user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify LMIL immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. LMIL reserves the right to monitor downloads and user activity to ensure compliance with the terms of this EULA. If LMIL determines that you are in breach of this or any other term of this EULA, it may suspend access to your account and seek further legal remedies.
   4. Upon reasonable notice, you agree to provide to LMIL sample copies of projects or end uses that contain licensed Content, including by providing LMIL with free of charge access to any pay-walled or otherwise restricted access website or platform where Content is reproduced. In addition, upon reasonable notice, LMIL may, at its discretion, either through its own employees or through a third party, audit your records directly related to this EULA and your use of the Content in order to verify compliance with the terms of this EULA. 

1. Intellectual Property Rights 
   1. All title, rights, and ownership (including without limitation intellectual property rights) in and to the Website and Content shall remain with LMIL. Except for those rights which have been expressly granted under this EULA, no other rights are granted to you, whether express or implied.

1. Indemnity and Limitation of Liability
   1. By accepting this EULA, you agree to indemnify and otherwise hold harmless LMIL, its officers, employees, agents, subsidiaries, affiliates, and other partners from any and all claims, damages (direct, indirect, incidental, special, consequential or exemplary) losses or demands arising out of, relating to, or resulting from (i) your use and access to the Website/Content; (ii) your breach or alleged breach of this EULA; (iii) use of the Content with any work which infringes third party rights (copyrights, trademark rights, personal rights, etc.); and (iv) your failure to obtain any required release for your use of Content. The indemnity obligation includes the reasonable costs of legal defense, in particular lawyer's fees, necessary to defend against such claims.
   2. Provided that you are not in breach of this or any other agreement with LMIL, and as your sole and exclusive remedy for any breach of the warranties by LMIL set forth, LMIL agrees, subject to the terms of this Section 5, to indemnify you, the employer or other entity on whose behalf you are entering into this EULA from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by LMIL of its warranties. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the Content or the context in which the Content is used by you. This indemnification also does not apply to your continued use of Content following notice from LMIL, or upon your knowledge, that the Content is subject to a claim of infringement of a third party's right. 
   3. Except as provided in this EULA, the Content is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. LMIL does not represent or warrant that the Content or the Website will meet your requirements or that use of the Content or Website will be uninterrupted or error free. Additionally, LMIL does not represent or warrant that consent has been obtained for such uses with respect to model-released Content.
   4. LMIL WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS EULA, EVEN IF LMIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. 
   5. Notwithstanding anything contained anywhere in this EULA, LMIL's maximum aggregate liability towards you under this section, or for any other claim under law arising from or connected with this EULA, shall be limited to consideration received by LMIL from you under this EULA at the time the liability arises.

1. Term and Termination 
   1. This EULA is effective from the date of payment of the fees until terminated by you or LMIL. You acknowledge and agree that the rights under this EULA will terminate automatically if you fail to comply with any of its terms, in which case you must immediately: cease using the Content; delete or destroy any copies; and, if requested, confirm LMIL in writing that you have complied with these requirements.
   2. If LMIL suspects any illegal activity in relation with your account, LMIL reserves the right to suspend your account and/or terminates the license granted pursuant to this EULA, in which case you must immediately: cease using the Content; delete or destroy any copies; and, if requested, confirm LMIL in writing that you have complied with these requirements. 
   3. You acknowledge that the license granted herein is for non-commercial purposes accordingly, if you use the Content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Content for its own purpose or in a way that is contrary to this EULA, the rights granted for such use shall immediately terminate, and in that event, upon LMIL' request, you agree to remove any Content from such platform or website.

1. Miscellaneous
   1. Fees: You acknowledge and agree that the rights granted herein are subject to payment of the fees as set out on the Website and once the fee is paid, the same shall be non-refundable. 
   2. Taxes: You agree to pay and be responsible for any and all taxes including without limited the Goods and Services Tax, withholding taxes (if applicable) and any other duties imposed under the applicable laws as a result of the license granted under this EULA for using the Content.
   3. Assignment: This EULA is personal to you and is not assignable by you without LMIL's prior written consent (emails permitted). LMIL may assign this EULA and/or the Content, without notice or consent.
   4. Amendment: LMIL may revise the terms of this EULA for legal, regulatory, security reasons or such other reasons as LMIL may deem fit.  LMIL shall provide reasonable advance notice of any material modification to the EULA and the opportunity to review them except if the modifications are necessary for any legal or regulatory in nature which may be effective without notice. Modifications to this EULA will only apply prospectively. If you do not agree to the modified terms, you should restrict the usages of the Content.
   5. Entire Agreement: This EULA constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes prior negotiations, representations, or agreements, either written or oral.
   6. Severability: If any portion or portions of this EULA are held to be unenforceable, invalid or contrary to public policy under any applicable statute or rule of law, it is, to that extent, omitted, but the remainder of this EULA shall continue to be binding upon you.
   7. Waiver: No action of LMIL or you, other than express written waiver, may be construed as a waiver of any provision of this EULA.
   8. Notice: All notices required to be sent to LMIL under this EULA should be sent via email to   india.content@aajtak.com. All notices to you will be sent via email to the email set out in your account.
   9. Governing Law: This EULA between LMIL and you shall be governed by the laws of the Republic of India without regard to any conflict of law principles. The exclusive forum for any disputes arising out of or relating to this EULA shall be New Delhi.