NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HORNBIL IMAGES PRIVATE LIMITED (hereinafter "HIPL"). PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THE SITE OR DOWNLOAD ANY IMAGE. BY CLICKING/CHECKING THE "I AGREE" BUTTON AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. HIPL RESERVES THE RIGHT TO CHANGE THIS AGREEMENT FROM TIME TO TIME AT ITS SOLE DISCRETION. YOUR USE OF THE SITE WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THIS AGREEMENT POSTED ON THE SITE AT THE TIME OF SUCH USE.

If you are obtaining image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this Agreement.

OWNERSHIP OF THIS WEBSITE

This website is owned and operated by Hornbil Images Private Limited. All elements of the site, including the content and the general design are protected by copyright. All images and related information (collectively referred to as "images") are owned by HIPL or our member photographers.

You agree to furnish accurate information when registering with any website owned and hosted by HIPL. You are responsible for maintaining the confidentiality of Your user name and password. You agree to take reasonable steps to prevent others from obtaining your access information to our web sites and will notify HIPL of any unauthorized access.

You may not remove any copyright, watermarks or other notices printed in the images. HIPL reserves the right to restrict or remove your access to our sites at any time, or revoke your authorisation to view, download and use the images and information on our sites at any time.

PERMITTED USAGE OF IMAGES

Comp Use: HIPL grants you the personal, nontransferable, and nonexclusive right to copy the images you have selected onto your computer hard drive and to use the image and any derivative works or copies on one computer and for no longer than 30 days. The image may only be copied, modified and incorporated in materials for comprehensive layouts . The comps can only be used as in-house presentations, storyboards, or rough draft designs for yourself or your clients. All other rights are reserved by HIPL. You must contact HIPL and obtain a license for additional use.

PROTECTION OF IMAGES

Other than the above comp use, any image may not be used in any way until an invoice indicating your right to use the image is paid in full. Unless otherwise specifically stated, images remain the property of HIPL, its licensors, the copyright holder or owner of the images. User does not acquire any right, title or interest in or to any image, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the digital files made there from other than as specified herein. Full credit and copyright information must remain with the image file.

RESTRICTIONS AS TO USE AND STORAGE OF IMAGES

Use of the image beyond the terms of this limited license agreement without first obtaining an additional license, including but not limited to electronic reproduction, any derivative use, promotional rights, etc., is strictly prohibited.

Use of the image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter is strictly prohibited.

Use of the image in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark is strictly prohibited.

You may not ARCHIVE, REPUBLISH or TRANSMIT any image on any DATABASE without prior written consent from HIPL.

You may not copy or publish any image to a network or bulletin board, or otherwise distribute or allow any image to be distributed to or used by anyone other than the authorized users, without prior written consent from HIPL.

You may not sub-license, re-license, rent or lease any image.

Use of any image to promote a business that sells or licenses photographic images, or otherwise competes with HIPL in any manner is strictly prohibited.

You may not ship, transfer or export any image into any country or use any image in any manner prohibited by any export laws, restrictions or regulations.


RELEASES

No model releases or property releases exist on any images unless the existence of such release is specified in a separate writing by HIPL.

INDEMNITY

You agree to indemnify and hold HIPL, its subsidiaries, its affiliates, licensors, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees and expert fees, arising from the use of an image or any breach of this Agreement.

NO WARRANTY

DIGITAL FILES ARE PROVIDED "AS IS." SIP MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NO INFRINGEMENT, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM.

WITHOUT LIMITING THE FOREGOING, HIPL GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY PICTURE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. HIPL IDENTIFIES CAPTIONS FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION.

HIPL MAKES NO REPRESENTATION OR WARRANTIES AS TO THE ACCURACY OF THE CONTENT, OR THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.


RETENTION OF DIGITAL FILES

Digital files may be retained for forty five (45) days. Unless this period is extended in writing, you must delete the images from all electronic and removable media and destroy any other copy of the images, except as licensed under this agreement. Copyright information and image identification number of HIPL must be retained with the digital files while you retain them.

CREDIT

Images used editorially should bear a credit line as indicated by HIPL.


DISPUTES OR CLAIMS

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in the Republic of India.


MISCELLANEOUS

This Agreement is not assignable or transferable by You.

No action of HIPL, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of the terms and conditions of this agreement. Should any clause of this agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

This agreement contains all the terms of the agreement between us (HIPL and you) concerning transmission, delivery and review of images, and no terms or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of your purchase order. Any subsequent invoice issued to you may contain additional terms relating to the rights granted and the type of usage allowed.

 

Should you have other questions, please email us at info@hornbil.com or write to us at -

Hornbil Images Private Limited,
Sangeetham, VRA A34, Women's College Lane,
Vazhuthacaud, Trivandrum 695014,
Kerala, India.

top of page