PLEASE READ THESE TERMS AND CONDITIONS OF USE (HEREINAFTER REFERRED TO AS "TO U") CAREFULLY. THIS AGREEMENT GOVERNS YOUR DECISION TO OPTING FEBNIK PRODUCTIONS PVT. LTD. ‘s Retouching and Post Processing Services .(HEREINAFTER REFERRED TO AS "Febnik's Retouching and Post Processing Services"). YOUR USE OF THIS SERVICE (Retouching and Post Processing) MEANS YOU AGREE TO THE FOLLOWING TERMS OF CONDITIONS OF USE (THE "TERMS OF USE") DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS AND CONDITIONS, DO NOT OPT FOR Febnik's Retouching and Post Processing Services, LEAVE THIS Febnik's Retouching and Post Processing Services IMMEDIATELY, NOT USE THE FILES HEREIN, AND/OR NOT SUBSCRIBE TO THIS SERVICE.
By using this Febnik's Retouching and Post Processing Services, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Febnik's Retouching and Post Processing Services terms of conditions of use. If you are using the Febnik's Retouching and Post Processing Services on behalf of any entity, you further represent and warrant that you are authorized to accept these Febnik's Retouching and Post Processing Services terms and conditions on such entity's behalf.
Febnik production Pvt. Ltd. may revise and update these TERMS OF USE at any time and without notice. Your continued access or use of this Febnik's Retouching and Post Processing Services after any such changes are posted will constitute your acceptance of these changes and you would be bound by the amended TERMS OF USE.
- Use Of Febnik's Retouching and Post Processing Services
This Febnik's Retouching and Post Processing Services are intended for customers of FEBNIK. You may not use this Febnik's Retouching and Post Processing Services Content for any purpose not related to your business without FEBNIK's Consent. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Febnik's Retouching and Post Processing Services Content without, or in violation of a written license or agreement with FEBNIK (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Febnik's Retouching and Post Processing Services Content by using framing, linking, meta-tag or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any or service if you are not expressly authorized by such party to do so; (e) using the Febnik's Retouching and Post Processing Services Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, publicity and privacy laws, moral rights, 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, email, copyright, trademarks, patents, privacy, and the transmission of technical data exported from India or the country in which you reside. You further warrant that you will not interfere with the security of, or otherwise abuse this Febnik's Retouching and Post Processing Services or any system resources, services or networks connected to or accessible through this Febnik's Retouching and Post Processing Services. You are allowed to use this Febnik's Retouching and Post Processing Services only for lawful purposes and activities.
Images are under the photographer's copyright and can only be reproduced with their permission. By submitting images to Febnik Retouching and Post Processing Services, you certify that you hold the copyright or have the written permission from the photographer to manipulate the photo. By submitting photos to Febnik Retouching and Post Processing Services you affirm no copyright is infringed. Febnik Retouching and Post Processing Services will not be liable to you or any third party for such copyright infringement.
Febnik Retouching and Post Processing Services reserves the right to decline a submission and/or refuse service to any customer because of, but not limited to, the following circumstances:
- An image cannot be retouched or restored to the customer's satisfaction or applicable usage requirement.
- An image that contains abusive, obscene, illegal, or inappropriate content.
- An image that does not follow image specification guidelines (i.e. file size) or has flaws that render it unsuitable for retouching (i.e. blurry, severe distortions)
- An image that is incompatible with the retouch request, or the retouch request is unable to be performed because it is impracticable. Febnik Retouching and Post Processing Services does its best to clearly explain what it does and cannot do, and reserves the right to refuse a request that is impracticable for a retoucher to execute.
Turnaround times do not imply a guarantee. Times will be determined by workload and you will be notified approximate times ahead of time. Febnik Retouching and Post Processing Services does its best to meet the one day turn around on basic (minor) retouching.
- REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your use of the Febnik's Retouching and Post Processing Services, you agree to: (a) provide correct, accurate, current and complete information about you as may be prompted by FEBNIK PRODUCTIONS PVT. LTD. ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to FEBNIK, to keep it accurate, current and complete; (c) maintain the security of your identification; (d) notify FEBNIK immediately of any unauthorized use of your personal data or any other breach of security; (e) accept all responsibility for any and all activities from your own will; and (f) accept all risks of unauthorized access to the registration Data and any other information you provide to FEBNIK.
- INTELLECTUAL PROPERTY RIGHTS
FEBNIK is the sole owner and lawful licensee of all the rights to the Febnik's Retouching and Post Processing Services and its Content. All materials on this Febnik's Retouching and Post Processing Services, including, but not limited to design, layout, images, text, graphics, sound, video, trade-dress, trademarks, patents (FEBNIK Content) are the property of FEBNIK and are protected by all applicable laws, including, but not limited to copyright, trademark, trade-names, patents, internet domain names, data protection, IT Act, privacy and publicity rights and other similar rights and statutes. Use of any FEBNIK Content without the express written permission and license to use is strictly prohibited. All title, ownership and intellectual property rights in the Febnik's Retouching and Post Processing Services and its Content shall remain with FEBNIK, its affiliates or licensor's, as the case may be and does not pass on to you or your representatives.
The client hereby agrees that he or she gives febnik productions pvt. Ltd. exclusive right to use the post processed work for their own purposes which includes all the functions like marketing, public awareness and all other endeavours. Client Further agrees to create different versions and to modify the artwork as per febnik's discretion. And agrees to all the rights.
- COPYRIGHT
Febnik Productions Pvt. Ltd. owns and retains the Copyright for all images created. Febnik Productions Pvt. Ltd. retains all other rights in the image and any derivative work, including the right to use, copy, and distribute the image in all markets and territories in print and digital formats including the use of the image for the promotion, advertising and marketing of Febnik Productions Pvt. Ltd. products and services
In no instance shall Febnik assign or transfer copyright to clients or other third parties. All images created by Febnik Productions Pvt. Ltd. have the Copyright terms embedded in the digital files. Alteration to this embedded information is in violation of Copyright law and protections.
The embedded information reads : "This image is the property of Febnik Productions Pvt. Ltd. (www.febnik.com) and is protected under Indian and International copyright laws. Copying, duplicating, saving as a digital file, printing, manipulating, transmitting or reproducing outside of the Rights Usage Terms listed below would constitute a breach of copyright."
Image Licensing and Restrictions : All images are issued to clients with a Standard Non-Exclusive License.Read our Standard Non - Exclusive Usage Licence Policy.
The license outlines the manner in which the image can be used by the client legally; and which activities would be considered as a breach of copyright. The Rights Usage License is embedded in the image's digital file. Alteration to this embedded information is in violation of Copyright law and protections.
If any Licensed Material featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) in connection with a subject that would be unflattering or controversial to a reasonable person, the Client must accompany each such use with a statement that indicates that the person so pictured is a model and is used for illustrative purposes only.
Pornographic, defamatory or otherwise unlawful use of Febnik licensed material is strictly prohibited.
If any Licensed Material is reproduced in an editorial manner, then the Client agrees to credit Febnik Productions Pvt. Ltd. and must appear adjacent to the Licensed Material or in the credit line accompanying the Licensed Material.
FEBNIK, its licensors, its image partners and contributors, as the case may be, own all copyrights in the represented images on the Febnik's Retouching and Post Processing Services. No ownership in any represented images shall be given to anyone accessing this Febnik's Retouching and Post Processing Services service and using the Content. You shall not remove any copyright or other proprietary rights notice contained in the represented content, any related promotional materials provided on Febnik's Retouching and Post Processing Services content. FEBNIK prohibits any Content or any other material that infringes on any copyright, trademark, patent, and trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be associated with the Febnik's Retouching and Post Processing Services service.
FEBNIK respects the intellectual property rights of others, and we expect our user(s) to do the same. FEBNIK is not an expert in your intellectual property rights, and we cannot verify that the users and contributors to the Febnik's Retouching and Post Processing Services have rights to the Content posted by them. If you believe that any material on the Febnik's Retouching and Post Processing Services infringes upon any copyright that you own or control, you may file a notification of such infringement with our legal department. We require the following information from you:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
FEBNIK PRODUCTIONS PVT. LTD.
Office no - 231, Krishna Ara Plaza,
Commercial Belt, Alpha 1,
FEBNIK may give notice of a claim of copyright infringement by means of a general notice on the Febnik's Retouching and Post Processing Services, electronic mail to a user's email address and may also remove the infringing content uploaded by the user. In the event, FEBNIK is not removing the said Content; FEBNIK is not endorsing the sale of any such content.
- TRADEMARKS
FEBNIK is the exclusive owner and holder of FEBNIK Trademarks, www.febnik.com, FEBNIK PRODUCTIONS PVT. LTD. or any other FEBNIK's trade names, trademarks, logos or service marks and any other slogan or design contained in the Febnik's Retouching and Post Processing Services and otherwise used in trade (''FEBNIK Marks''). FEBNIK Marks shall remain the sole property of FEBNIK, its affiliates and subsidiaries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of FEBNIK or the applicable trademark holder. You are not allowed to use, register, or assist others in using or registering any trademarks, trade names, logos, internet domain names, or any mark or name confusingly similar to FEBNIK Marks or belonging to FEBNIK prior written consent. You will not now or in the future contest the validity of FEBNIK Marks nor will oppose or assist others in opposing any registration of any of the FEBNIK Marks. You are not allowed to use any FEBNIK Marks in connection with any of your Works. All goodwill accruing to the FEBNIK Marks shall belong to FEBNIK. You agree not to use FEBNIK Marks in any manner that might tarnish, disparage, or reflect adversely on such trademarks or FEBNIK. You cannot at any time, adopt or use, without FEBNIK's prior written consent any word or marks which is similar to or likely to be confused with FEBNIK Marks. In addition, the look and feel of the Febnik's Retouching and Post Processing Services, including all page headers, custom graphics, button icons and scripts, is a service mark, trademark and/or trade dress of FEBNIK and may not be copied, imitated or used, in whole or in part, without FEBNIK's prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Febnik's Retouching and Post Processing Services 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 us.
- LINKS
FEBNIK makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, concept, nature or reliability of third-party accessible hyperlinks from Febnik's Retouching and Post Processing Services, or any internet web pages linking to our Febnik's Retouching and Post Processing Services. Such sites and pages are not under the control of FEBNIK and FEBNIK is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. FEBNIK provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by FEBNIK of any site or any information contained therein. When you leave our Febnik's Retouching and Post Processing Services, you should be aware that our terms and policies no longer govern. You should review the terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Febnik's Retouching and Post Processing Services.
Your participation, correspondence or business dealings with any third party found on or through the Febnik's Retouching and Post Processing Services, regarding the payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party, and you agree that FEBNIK shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
- USER CONTENT
This Febnik's Retouching and Post Processing Services 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 Febnik's Retouching and Post Processing Services. You are solely responsible for your use of such User Content and use them at your own risk. By posting any Content on the Febnik's Retouching and Post Processing Services, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Febnik's Retouching and Post Processing Services any of the following:
User Content that would infringe any copyright, trademark, patent, trade secret or other intellectual property and proprietary rights or contract rights of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
- Any message, comment, data, information, photographic images, sound, text or other material that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or other objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of FEBNIK, is objectionable or which restricts or inhibits any person from using the Febnik's Retouching and Post Processing Services or which may expose FEBNIK or its users to any harm or liability of any type.
- Not to delete or revise any User Content posted by any third party.
FEBNIK 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 FEBNIK 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, FEBNIK is not liable for any statements, representations and User Content provided by its users. Although FEBNIK has no obligation to screen, edit or monitor any User Content posted on the Febnik's Retouching and Post Processing Services, FEBNIK reserves the right, in its absolute discretion to remove, screen or edit any User Content posted on the Febnik's Retouching and Post Processing Services 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 Febnik's Retouching and Post Processing Services at your sole cost and expense. Any use of the Febnik's Retouching and Post Processing Services or other provisions of the Febnik's Retouching and Post Processing Services 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 Febnik's Retouching and Post Processing Services. You acknowledge and agree that FEBNIK may access, use or disclose any information about you or your use of this Febnik's Retouching and Post Processing Services, 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 FEBNIK; or to protect the safety of FEBNIK, its affiliates, parents, their respective directors, employees, officers, customers or the public.
If you post User Content to the Febnik's Retouching and Post Processing Services, unless we indicate otherwise, you grant FEBNIK 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 FEBNIK, 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 Febnik's Retouching and Post Processing Services, 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 Febnik's Retouching and Post Processing Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Febnik's Retouching and Post Processing Services Terms and will not violate any rights of or cause injury to any person or entity.
FEBNIK acts as a content integrator and is not responsible for the information and Content provided by User(s) to be displayed on the Febnik's Retouching and Post Processing Services. FEBNIK does not have any role in the development of the User Content.
- LIMITATION OF LIABILITY AND DISCLAIMER
THIS Febnik's Retouching and Post Processing Services SERVICE AND FEBNIK CONTENT ARE PROVIDED "AS IS" AND FEBNIK AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. FEBNIK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS Febnik's Retouching and Post Processing Services Service OR FEBNIK CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS Febnik's Retouching and Post Processing Services ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT FEBNIK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS Febnik's Retouching and Post Processing Services OR THE FEBNIK CONTENT. FEBNIK MAKES NO WARRANTY THAT THE Febnik's Retouching and Post Processing Services OR CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
FEBNIK USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE INFORMATION AND CONTENT, BUT FEBNIK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT POSTED BY THE USER(S) AS TO ITS ACCURACY, CORRECTNESS, RELIABILITY AND ANY OTHER IRREGULARITY.
IN NO EVENT SHALL FEBNIK, ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OFFICERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Febnik's Retouching and Post Processing Services, THE SERVICES, FEBNIK IMAGE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSES THROUGH THE Febnik's Retouching and Post Processing Services, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FEBNIK, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FEBNIK' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FEBNIK, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO FEBNIK FOR ACCESS TO OR USE OF THE Febnik's Retouching and Post Processing Services.
- INDEMNIFICATION
You agree to indemnify and hold FEBNIK, its affiliates, subsidiaries and their respective directors, employees, officers and agents harmless against all claims or liability asserted against FEBNIK arising out of or in connection with any breach by you or anyone acting on your behalf of any of the Terms and Conditions of this Agreement. You shall defend, indemnify and hold FEBNIK, its affiliates, subsidiaries and their respective directors, employees, agents and officers harmless from all damages, liabilities and expenses (including reasonable attorney's fees and permitted and authorized costs) arising out of breach of this Agreement as a result of claims by third parties relating to your use and act relating to this Agreement or any breach of this Agreement. Such indemnification is in addition to FEBNIK's right to terminate for a breach of the representations and warranties and is not a waiver or limitation of FEBNIK's other rights or remedies.
- GOVERNING LAW AND JURISDICTION
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 disputes in good faith. Should such a solution not be reached, within [90] 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 Gautam Budh Nagar District Court , 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 Gautam Budh Nagar District Court , India shall have exclusive Jurisdiction.
- TERMINATION
Notwithstanding any of these Febnik's Retouching and Post Processing Services terms and conditions, FEBNIK reserves the right, without notice in its sole discretion, to terminate your account and/or block your use of the Febnik's Retouching and Post Processing Services service. Upon termination, you must destroy and cease to use all materials obtained from this Febnik's Retouching and Post Processing Services, copies and related documentation thereof with immediate effect.
- REMEDY FOR BREACH
You agree that any breach of this Agreement by you or your representatives would cause FEBNIK irreparable harm, injury, loss and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be an adequate remedy. Accordingly, in addition to any other remedies FEBNIK may have at law or in equity, FEBNIK shall be entitled to injunctive and other equitable relief in the event of any such breach of this Agreement by you or your representatives.
- SEVERABILITY
If one or more of the provisions contained in this Agreement is found to be invalid, illegal or enforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
- WAIVER
No action of FEBNIK, other than an express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of FEBNIK of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion. Any rights not expressly granted herein are reserved.
- REVERVES
FEBNIK reserves the right to change any terms and conditions contained in this Agreement or any policy or guideline of the Febnik's Retouching and Post Processing Services, at any time and in its sole discretion. Your continued use of the Febnik's Retouching and Post Processing Services following the posting of such changes will constitute your acceptance of such changes.
- PAYMENT
- CANCELLATION POLICY
- REFUND POLICY
- DISPLAY OF ART CREATED
The client(s) hereby allow(s) FEBNIK PRODUCTION PVT. LTD. to display any photograph, video covered by this contract and to generally promote the business in advertising, brochures, magazine articles, Febnik's Retouching and Post Processing Services, sample albums etc.
- CREATIVITY LICENSE, COVERAGE, AND REPRODUCTION
- Photographs, Videos taken during the course of the event will be at the discretion of the Febnik although every effort will be made to comply with the clients requirements.
- Special requests are not binding instructions, although every effort is made to comply with the client's wishes. Febnik will do their best to honour the requested frame but do not undertake to guarantee any specific shot nor incorporate any specific background, location or group arrangements due to changes in weather the availability and willingness of subjects.
- For a booking involving certain venues, the Febnik Team's movements are sometimes restricted by the official in charge. The area from which the Team is able to cover during shoot may not be the Team's choice and the Team cannot accept responsibility for any obstructed view should this be the case.
- Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of production.
- Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the Team will not be responsible for any damage produced due to technical failure.
- FORCE MAJEURE
- In the very unlikely event of cancellation by the FEBNIK PRODUCTION PVT. LTD. or of total Retouching and Post Processing failure, liability shall be limited to a full refund of any fees paid.
- FEBNIK PRODUCTION PVT. LTD. will endeavour to put the client(s) in touch with another Retouching and Post Processing in the event they are unable to attend the project due to any cause beyond their reasonable control e.g. sudden illness, injury, victim of crime, flooding, traffic conditions, vehicle breakdown etc.
- DIGITAL NEGATIVE FILES
We provide images to the client through a cloud platform and images are available till 15 days, in that period the client can download the images, after which we remove the images from our cloud platform and are stored in our local archive. In case the client misses from downloading the images from the cloud, the client will have to pay extra charges to reupload the image for redeveloping and uploading images to download. The archival of images is the sole decision of Febnik and may choose to not archive any number of images, raws or production files.
- All digital negatives (computer files) remain the property of the Team and FEBNIK PRODUCTION PVT. LTD. All packages and services include a copy of the edited digital negatives to the client(s) for their own commercial or non-commercial use as agreed upon in agreement.
- Should the digital negative files be lost, damaged or destroyed for reasons beyond control, the FEBNIK PRODUCTION PVT. LTD. liability shall be limited to a full refund of service charges and any deposits and fees paid of the same, but shall not include a refund for any goods or services already received.
- PERSONAL ACCIDENTS
Any directions issued to clients, models, employees during a Retouching and Post Processing are deemed to be at said person's own risk. The Director cannot be held responsible for any personal accidents during a post processing workflow
- DELIVERY
- Usage Rights Policies
- Privacy
Your privacy is very important to Febnik Retouching and Post Processing Services. Customer photos and personal information will never be shared or sold to any other third parties. All information provided will be handled in a highly confidential manner. Your information will be kept only for the purpose of completing your order and providing to you retouching/restoration service. Your image file(s) will be stored on the system approx. 15 days after order completion and will not be deleted until the retouching has been completed successfully.
- Proof
If you are not happy with your image proof or it does not correspond to your reasonable request, Febnik Retouching and Post Processing Services will only perform additional edits that correspond to and are consistent with your original order and request. Without additional payment, Febnik Retouching and Post Processing Services will not perform additional edits (fixes) that were not originally submitted in the instruction' file or description once the final work was delivered.
- Photographic Materials.
All photographic materials, including but not limited to digital copies, proofs, previews, and prints, shall be the exclusive property of the Febnik Productions Pvt. Ltd..
- Post Processing
- Febnik Productions Pvt. Ltd. photographs all original images in RAW. Service fees include the post production work to convert these RAW files into a usable format for clients.
- Febnik never accepts digital data in compressed file formats due to quality loss and potential virus threats.
- Febnik Productions Pvt. Ltd. does not release RAW files to their clients. (An analogy: The RAW files are like the raw ingredients a chef has at their disposal to create a dish. The chef combines and manipulates those ingredients in a particular way to create their signature dish - the chef's product. When you order the dish from the chef, you expect the finished signature dish and not the unprocessed individual ingredients that make up the dish).
- Febnik Productions Pvt. Ltd. offers different levels of post production work depending on the type of package purchased and/ the finished look required for the final images released to the Client. The levels of post production work are:
- Image editing includes the conversion of the RAW file to a usable image format; and may include global adjustments for exposure, white balance, contrast and straightening.
- Image retouching refers to the alteration or manipulation of the image and may include removal of blemishes, specific colour correction, modification of the content of the image (such as removing unsightly elements which detract from the overall image presentation), cropping.
- Deep Etching refers to the removal of a background to create a transparent background or the cutting out of elements in an image.
- Artistic Interpretation is an extension to image editing and/ retouching and at a minimum level may be the conversion of coloured images to black and white images. It may include the compilation of various images to create a new image.