Terms and Conditions
Imagistack Software(Opc) Private Limited (referred to as Company), having its registered office at A/3 Shivprasad Complex, Suncity Road, Anand Nagar, Pune 411051, India (“Imagistack””) offers https://www.grafikstock.com (“Website”) and licenses photographs, illustrations, vectors, drawings, templates, backgrounds, textures, patterns, illustrations and any other graphic digital assets to licensees (“Buyer(s)/ Licensee(s)”). This Terms of Service (defined below) governs the manner and use of the Website, the Licensee and any other person using the Website (“Users”).
Acceptance of Terms of Service
Throughout these Terms of Services, the words “You” and “Your” refer to each User of the Services.
The Terms of Service shall apply to Your use of Services irrespective of the delivery platform or device You use to access it. By using the Services, You are agreeing to the Terms of Service. If You are using the Services on Your employer’s behalf, the Terms of Service shall apply to You and Your employer.
We reserve the right to modify or revise the Terms of Service from time to time in our sole discretion by updating this posting or any linked information. We may make such revisions without prior notice to You, and You agree to be bound by such modifications or revisions. Unless otherwise provided in such revision, Terms of Service and all linked information or part thereof, will take effect when they are posted.
Company reserves the right to alter, suspend or discontinue any Service, including Your access to or use of any or all functionalities of the Website or the App.
These Terms of Service apply to all Users of the Service including the Licensees.
If You are a Licensee of any Content you hereby also agree to, in addition to these Terms of Service, the terms of the License Agreement, which is incorporated herein by reference.
Third Party Website
Accounts and Registration
In order to access some of the Services on the Website or the App, such as to upload or License or download any Content, You will have to create an account on the Website or the App. When creating Your account, You must provide accurate and complete information and always keep the information up-to-date. You are prohibited from misrepresenting Your registration information or tampering with the registration process.
You shall not create an account for anyone other than Yourself. You shall not create an account for and on behalf of an organization without being authorized for this purpose by that organization. If We disable Your account, You will not create another one without Our permission.
You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You will not share Your password, or let anyone else access Your account, or do anything else that might jeopardize the security of Your account. You must notify the Company immediately of any breach of security or unauthorized use of Your account.
Permitted Use & Restriction
You shall use the Services or Content only for purpose expressly permitted herein this Terms of Service. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of Content in violation of the License Agreement; (b) using or launching any automated system, including without limitation, robots, spiders, harvesting bots, scrapers, or offline readers, that accesses the Services or the Content in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line Web browser. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that while using the Services or the Content, You will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, copyright, trademarks, patent, privacy, and the transmission of technical data. You further warrant that You will not interfere with the security of, or otherwise abuse the Services or the Content or any system resources, services or networks connected to the Services.
Unless otherwise indicated, all Content and Services are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property, and are owned by the Company. Use of any Company’s Content or Services without the express permission and license to use are strictly prohibited. All title, ownership and intellectual property rights in the Services and its Content shall remain with the company, as the case may be, and does not pass on to You or Your representatives. No ownership in any Content or Services shall vest in anyone accessing the Services.
The Company’s name, the Company’s logo, and any other product or service name or slogan contained in the Services are trademarks of the Company.
Account Termination Policy
Company will terminate a User’s access to the Content if under appropriate circumstances, the User is found to be an infringer of Company’s intellectual property rights or the Term of Service or any other agreement incorporated herein this Terms of Service. The Company shall exercise its rights of termination herein without prejudice to any other rights that it may have under the applicable law.
Warranty and limitation of liability
The licensed material is provided “As is” without warranty of any kind, either express or implied.The licensor does not make any other warranties, express or implied, regarding the licensed material or its delivery systems, including, without limitation, any implied warranties of non-infringement, merchantability or fitness for a particular purpose. The licensor does not warrant that the licensed material, or other materials provided along with the licensed material, will meet licensee’s requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the licensed material and its delivery system is solely with the licensee.
Unless expressly provided for herein this agreement, in no event shall the licensor, its affiliates, subsidiaries and their respective directors, employees, agents, members be liable to licensee or any other person or entity for any punitive, special, indirect, consequential or incidental damages, or any other damages, costs or losses, 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), common law or otherwise, arising out of this agreement, in any way connected with the use of the licensed material, even if the licensor has been advised of the possibility of such damages, costs or losses. Without limiting any other term herein, the licensor shall not be liable for any damages, costs or losses arising as a result of modifications made to the licensed material by licensee or the context in which licensed material is used in a licensee work.
The Licensor does not warrant the accuracy of the captioning, keywords or any other information associated with the Licensed Material, as well as the integrity of editorial Licensed Material.
Licensee agrees to indemnify, defend, and hold the Licensor and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors, employees and service providers harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from Licensee’s unauthorised use of any Licensed Material, or any other breach by Licensee of any of its obligations under this Agreement, or Licensee’s failure to obtain any required release. Such indemnification is in addition to Licensor’s right to terminate for a breach of the representations and warranties and is not a waiver or limitation of Licensor’s other rights or remedies
Ability to Accept Terms of Service
You affirm that You are more than 18 years of age and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. We provide these Terms of Service with Our Service so that You know what terms apply to Your use. You acknowledge that We have given You a reasonable opportunity to review these Terms of Service and that You have agreed to them.
Governing Laws and Jurisdiction of Courts
This agreement, its validity and effect, shall be interpreted under and governed by the laws of India and be subject to the exclusive jurisdiction of courts at Pune, India only and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. Licensee agrees to resolve any conflict by arbitration in pune jurisdiction. Any conflict that fails arbitration can go to court for a legal case. The Licensor shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against the Licensee in the event that, in the opinion of the Licensor, such action is necessary or desirable.
Other Remedies. You agree that any breach of this Terms of Service by You or Your representatives would cause Company irreparable harm, injury, loss and damage. Accordingly, in addition to any other remedies Company may have at law or in equity, Company shall be entitled to injunctive and other equitable relief in the event of any such breach of this Terms of Service by You or Your representatives.
Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the Company.
If one or more of the provisions contained in this Terms of Service 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.
The provisions related to Privacy, Intellectual Property, Warranties, Limitation of Liability, Indemnification, Account Termination Policy, Governing Laws and Jurisdiction shall survive the termination or expiry of Your account or these Terms of Service.