This is a legal agreement between you (Client) and Febnik Productions Pvt. Ltd.. This agreement applies when the Client purchases or licenses any photography services or related deliverable images (Licensed Content) from Febnik Productions Pvt. Ltd.. By purchasing, downloading or using Licensed Content provided by Febnik Productions Pvt. Ltd., the Client agrees to the terms described within this license contract.
- License Types
Standard Non Exclusive Photography License Agreement
(Standard Usage License) allows the client to use Licensed Content in accordance with predetermined guidelines, as outlined in the Licensed Content Usage section below.
Depending upon intended usage of Licensed Content, or additional project expenses, in some cases Febnik Productions Pvt. Ltd. may require adherence to an
Exclusive Photography License Agreement
- Licensed Content Usage
This Standard License allows the Client to use royalty-free Licensed Content without expiration, in any geographic region, for an unlimited number of times. The Client may use Licensed Content for personal or commercial reasons, in any medium or format, except as outlined in the Restricted Usage section of this agreement.
The Client Further Agrees that Febnik Productions Pvt. Ltd. may use Licensed Content for personal or business, marketing and portfolio purposes , in any medium or format, except as outlined in the Restricted Usage section of this agreement.
The Client understands that Licensed Content is provided for their exclusive use for a period of 360 days from the date of agreement ratification, after which it may be used by other licensed parties at the sole discretion of Febnik Productions Pvt. Ltd.. Agreement ratification is defined as the date that the Client authorizes photography services in writing, including by email.
The Client's employees or subcontractors may access and use Licensed Content at the direction of the Client, and only in relation to the Client's own projects.
Through the Services, we may collect both personally identifiable information and non-personal information from you.
- Restricted Usage
The Standard Usage License covers a duration of 360 days.
Usage Right Charged are charges according to following Rate Chart
| Total Project Cost Above | Project Cost Upto | Standard Usage Rights % Rates |
|---|
| 0 | 20,000 | 20% |
| 20,000 | 30,000 | 10% |
| 30,000 | 50,000 | 7% |
| 50,000 | 1,00,000 | 5% |
| 1,00,000 | Or More.. | 4% |
In case of packages, the usage rights are fixed to standard Usage Rights for a duration of 360 days.
In case of Services, the client can choose
- Usage Rights Licence can be a standard Usage Licence of 360 days or can opt for
- An exclusive license starting from 360 days.(Contact for Exclusive License)
Services and Packages related to Headshots have a fixed Usage Right Of 20% with a duration of 360 days.
- Unlawful Use
The Client will not use Licensed Content in any defamatory manner, or in violation of any applicable laws.
- File Storage
The Client will store only 2 copies of any Licensed Content file, and will not store such copies in any manner that allows for downloading or redistributing the file in its original format.
- Pornographic Use
The Client will not use Licensed Content in relation to any pornographic subject matter.
- Sensitive Use Disclaimer
If the Client uses Licensed Content in connection with subject matter that could be interpreted as controversial in nature, the Client agrees to indicate that the Licensed Content is for example purposes.
- False Representation
The Client will not falsely represent that they are the original creator of the Licensed Content. Use of licensed images without attribution is not considered False Representation.
- On-Demand Products
The Client will not use Licensed Content for the creation or production of on-demand or made-to-order products, such as, but not limited to, postcards, mugs, t-shirts, calendars or computer desktop wallpapers.
- Template Usage
The Client will not use Licensed Content for the creation of digital templates intended for resale or other distribution.
- Logo Usage
The Client will not use Licensed Content as part of a trademark, service mark, business name or logo.
- Intellectual Property Rights
The Client understands that Febnik Productions Pvt. Ltd. retains all ownership and copyrights to Licensed Content. Any rights not expressly granted in this agreement are reserved by Febnik Productions Pvt. Ltd.. The Client is granted limited use of the Febnik Productions Pvt. Ltd. names and logos for the purpose of attribution.
- License Termination
Febnik Productions Pvt. Ltd. may terminate this agreement at any time if the Client breaches the terms of this or any other agreement with Febnik Productions Pvt. Ltd.. When this agreement is terminated, the Client agrees to cease using Licensed Content specified by Febnik Productions Pvt. Ltd., and destroy any stored copies of such data.
- Representations and Warranties
Febnik Productions Pvt. Ltd. does not guarantee the accuracy of Licensed Content categories, descriptions, keywords, captions or titles. The Client agrees that all Licensed Content is provided “as is” without representation, warranty or condition of any kind.
- Indemnification
The Client agrees to indemnify and hold harmless Febnik Productions Pvt. Ltd. from any and all liabilities, damages and expenses stemming from the use of Licensed Content.
- General Provisions
The Client understands and agrees to the following general provisions of this contract:
Assignment – The Client is bound by this agreement and may not assign it to other individuals or businesses without the express written consent of Febnik Productions Pvt. Ltd.
Febnik Productions Pvt. Ltd. reserves the right to assign this agreement to any successor, without notice or consent.
- Licensed Content Audit
The Client agrees to provide Febnik Productions Pvt. Ltd. with samples, photographs or illustrations of Licensed Content in use. Febnik Productions Pvt. Ltd. may audit the Client's usage of licensed content to ensure compliance with this agreement. If the Client is found to be using Licensed Content in a manner outside of accordance with this agreement, the Client agrees to reimburse Febnik Productions Pvt. Ltd. for the cost of the audit.
- Governing Law
This agreement will be governed by the laws of India. The Client agrees to resolve any initial legal disputes in Gautam Buddha Nagar, District Court in India.
- Severability
If any of the provisions of this agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected.
- Entirety
No terms or conditions outlined in this agreement may be modified by either party without the express consent of both parties, in writing.
- Notice
Any notices for Febnik Productions Pvt. Ltd. pertaining to this agreement or Licensed Content should be sent via email to support@febnik.comFebnik Productions Pvt. Ltd. will send any such notices to the Client's email account used when scheduling photography services or purchasing or registering Licensed Content.