Terms and Conditions for Febnik Productions Pvt. Ltd.
Our use of this Web site (www.febnik.com) means you agree to the following terms of use (the "Terms of Use"). If you do not agree with these terms you should leave this Web site (the "Site") immediately, not use the files herein, and/or not subscribe to this service.
PLEASE READ THESE TERMS AND CONDITIONS OF USE (HEREINAFTER REFERRED TO AS "TO U") CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF www.febnik.com (HEREINAFTER REFERRED TO AS "WEBSITE"). YOUR USE OF THIS WEB SITE (www.febnik.com) 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 USE THIS WEBSITE, LEAVE THIS WEBSITE IMMEDIATELY, NOT USE THE FILES HEREIN, AND/OR NOT SUBSCRIBE TO THIS SERVICE.
By using this website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Website terms of conditions of use. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Website terms and conditions on such entity's behalf.
Febnik production Pvt. Ltd. may revise and update these TERMS OF USE at anytime and without notice. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes and you would be bound by the amended TERMS OF USE.
- OWNERSHIP OF THE WEBSITE
THIS SITE IS OWNED, HOSTED AND OPERATED BY "FEBNIK PRODUCTIONS PRIVATE LIMITED" (HEREINAFTER REFERRED TO AS "FEBNIK"). Unless otherwise indicated, all the Content featured or displayed on the Website, including, but not limited to, photographic images, text, graphics, layout of the Website, sound, illustrations, software, trade dress, trademarks, patents, and the selection and arrangement of ("FEBNIK Content"), is owned by FEBNIK, its affiliates, subsidiaries, its licensors, contributors, or its third-party image partners.
- USE OF WEBSITE
This Website and FEBNIK Content are intended for customers of FEBNIK. You may not use this Website or the FEBNIK Content for any purpose not related to your business with FEBNIK's Content. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or FEBNIK 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 Website or the FEBNIK 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 FEBNIK Content product or service if you are not expressly authorized by such party to do so; (e) using the Website or the FEBNIK 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, e-mail, 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 Website or any system resources, services or networks connected to or accessible through this Website. You are allowed to use this Website only for lawful purposes and activities.
- REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your use of the Website, you agree to:
- Provide correct, accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data")
- Maintain and promptly update the Registration Data, and any other information you provide to FEBNIK, to keep it accurate, current and complete
- Maintain the security of your password and identification
- Notify FEBNIK immediately of any unauthorized use of your account or any other breach of security
- Accept all responsibility for any and all activities from your account
- 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 Website and its Content. All materials on this Website, 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 Website 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.
- COPYRIGHT
FEBNIK, its licensors, its image partners and contributors, as the case may be, own all copyrights in the represented images on the Website. No ownership in any represented images shall to anyone accessing this Website and using the Content. You shall not remove any copyright or other proprietary rights notice contained in the represented Images, any related promotional materials provided on this Website. 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 uploaded to the Website.
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 Website have rights to the Content posted by them. If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our legal department as set forth below:
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 Website, electronic mail to a user's e-mail 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.
- TRADEMARK
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 Website 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 agree not to use any FEBNIK Marks or any variant thereof including misspellings as a domain name or as part of a domain name regardless of the top-level domain, or as a meta-tag, hidden text, keyword, or any other type of programming code or data. 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 Website, 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 Website 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 websites accessible by hyperlink from the Website, or websites linking to our Website. Such sites 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 Website, 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 Website.
Your participation, correspondence or business dealings with any third party found on or through the Website, 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 Website 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 Website. You are solely responsible for your use of such User Content and use them at your own risk. By posting any Content on the Website, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website 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 Website 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 Website, FEBNIK reserves the right, in its absolute discretion to remove, screen or edit any User Content posted on the website 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 Website at your sole cost and expense. Any use of the Website or other provisions of the Website 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 Website. You acknowledge and agree that FEBNIK may access, use or disclose any information about you or your use of this Website, 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 Website, 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 the Site, you represent and warrant that
- 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 the Site
- the User Content is accurate and not misleading
- use and posting of the User Content you supply does not violate these Site 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 Website. FEBNIK does not have any role in the development of the User Content.
- LIMITATION OF LIABILITY AND DISCLAIMER
THIS WEBSITE 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 WEBSITE 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 WEBSITE 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 WEBSITE OR THE FEBNIK CONTENT. FEBNIK MAKES NO WARRANTY THAT THE WEBSITE 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 WEBSITE, THE SERVICES, FEBNIK IMAGE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSES THROUGH THE WEBSITE, 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 WEBSITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
- 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 dispute in good faith. Should such a solution not be reached, within [30] 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 Delhi, 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 Delhi, India shall have exclusive Jurisdiction.
- TERMINATION
Notwithstanding any of these Website terms and conditions, FEBNIK reserves the right, without notice in its sole discretion, to terminate your account and/or block your use of the Website. Upon termination, you must destroy and cease to use all materials obtained from this Website, 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 Website, at any time and in its sole discretion. Your continued use of the Website following the posting of such changes will constitute your acceptance of such changes.
- PAYMENT
Registration Fee for temporary slot booking for 48 hrs :
10% registration fee (which will be calculated on the project cost ) will be charged for Registration Fee and to temporarily hold shoot booking slot for 48 hrs : Following this payment the client will be given 48 hrs to proceed with confirmation of shoot dates by paying confirmation fee. Failing to do so the registration will not be considered as complete and no money shall be refunded.
Next 65% payment must be given within 48 hrs from Registration Fee for temporary slot booking for 48 hrs in order to start the execution of the project. Client will receive notification of project execution for his/her discretion.
Once the payment of 65% is made, FEBNIK PRODUCTIONS PVT. LTD. will start the project
client will be notified through the contact info provided by client.
As soon as the project execution is confirmed there will be no refunds.
Rest of the remaining 25% payment will be given at the completion of the project about which client will be notified by Febnik Productions Pvt. Ltd.Via mail and other communication medium client can check the work at the production site itself.
- CANCELLATION POLICY
FEBNIK PRODUCTIONS PVT.LTD.Follows strict cancellation policy. Please make sure you read and are clear about the following terms
10% registration fee is non refundable if client fails to submit next 65% within 48hrs.
After 65 % is received and project execution begins there will be no refunds. In case you feel that the product received is not as shown on the site or as per your expectations, you must bring it to the notice of our customer service within 24 hours of receiving the product. The Customer Service Team after looking into your complaint will take an appropriate decision.
- DISPLAY OF ART CREATED
The client(s) hereby allow(s) FEBNIK PRODUCTION PVT. LTD. to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
- CREATIVE LICENSE, COVERAGE, AND REPRODUCTION
- Photographs taken during the course of the event will be at the discretion of the photographer although every effort will be made to comply with the clients requirements.
- Special requests are not binding instruction, although every effort is made to comply with the client's wishes. The Photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture 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 photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover during shoot may not be the photographer's choice and the photographer 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 photographs.
- Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
- In the very unlikely event of cancellation by the FEBNIK PRODUCTION PVT. LTD. or of total photographic 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 photographer in the event they are unable to attend 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
- All digital negatives (computer files) remain the property of the photographer 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 of destroyed for reasons beyond control, the FEBNIK PRODUCTION PVT. LTD. liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.
- ON THE DAY
- The photographer will be the sole professional (still) photographer at the venues specified. The photographer does however positively encourage family, friends and other guests to take photographs throughout the day.
- The photographer will not take photos during the meal time as specified in the agreement.
- PERSONAL ACCIDENTS
- Any directions issued to clients, model, employees during a photographic shoot are deemed to be at said person's own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
- DELIVERY
- The photographer will endeavour to deliver digital negative files as quickly as possible. However this could take up to 4-6 weeks during busy periods.
- COOKIES