• 1.1  The Website is a freely accessible website, and features content for public viewing which can be licensed to the users at a cost, as per the terms of this EULA and other related policies of MAHATTA.
• 1.2  You must associate the Website with your individual subscription account to enable and access its full functionality.

• 2.1  MAHATTA grants you a limited, non-transferable, non-exclusive, personal license to use the Website and Services, as permitted for usage. The terms of this EULA will govern any content, materials, or Services as accessible from or purchased within the Website as well as any upgrades provided by MAHATTA which replaces, modifies, supplements the original licensed Services, unless such upgrade is accompanied by a subsequent, custom EULA.
• 2.2  This EULA is effective until terminated by you or MAHATTA. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.

• 3.1  All title, rights, and ownership (including without limitation intellectual property rights) in and to the Website and Services shall remain with MAHATTA. Except for those rights which have been expressly granted under this EULA, no other rights are granted to you, whether express or implied.

• 4.1  “Comp” means Content licensed without a fee solely for the User’s internal evaluation to determine whether the Content is appropriate for the User’s intended use as either Rights Managed Content or Royalty-Free Content, for a limited trial period of 30 days only.
• 4.2  “Content” means all content available for license from the Website, and includes Visual Content and Music Content.
• 4.3  “Contributor” means any person who contributes Content to the Website.
• 4.4  "Editorial" means Image(s) and Footage appearing under the Editorial tab/section of the Website.
• 4.5  "Footage" means any moving images, animations, films, videos or other audio/visual representations, video elements, visual effects elements, templates, graphics packs, and motion design projects excluding still images, recorded in any format.
• 4.6  "Image(s)" means still photographs, drawings, paintings, graphics, and the like.
• 4.7  “Invoice” means the Content specific invoice issued by MAHATTA to the User upon purchase of a license hereunder.
• 4.8  “Music Content” means any musical compositions, master recordings, and any other recordings containing sounds or a series of sounds, in all formats, now known and hereinafter developed.
• 4.9  “Product” means the end product created by usage of the Content according to the terms provided herein in any through all media now known or hereafter devised.
• 4.10  "Production" means all versions of a single audio-visual project or all versions of a single audio-only project in which the Music Content is synchronized to narration in the context of a podcast episode, radio documentary, radio advertisement, or other similar audio-only production, including in in-context trailers and promotional materials.
• 4.11  “Rights Managed Content” means Content licensed for a fee on a per-use basis and expressly designated as “Rights Managed” or “RM” by MAHATTA.
• 4.12  “Royalty-Free Content” means Content licensed for an unlimited number of uses for a one-time flat fee and expressly designated as “Royalty-Free” or “RF” by MAHATTA.
• 4.13  “use” means to copy, reproduce, modify (except as expressly prohibited herein), edit, synchronise, perform, display, broadcast, publish, or otherwise make use of the Content.
• 4.14  “User” means any user accessing, installing, using the Website/ Services;
• 4.15  “Visual Content” means Images, Footage and Editorial content.

• 5.1  MAHATTA hereby grants you a non-exclusive, non-transferable, personal right to use, modify (except as expressly prohibited herein) and reproduce such content throughout the term and territory as expressly permitted by the specific, and relevant license and subject to the limitations set forth herein.

5.2  Subscription on basis of number of Users:

• 5.2.1   A Single User License enables one User to download and use the Visual Content for noncommercial use.
• 5.2.2   A Multiple User License enables two (2) or more users to download and use the Visual Content for non-commercial use.
• 5.2.3   A Premium License enables team downloads of Image(s), including use of Comp Images for commercial purposes, excluding the Restricted Uses.

5.3  Subscription on basis of Usage:

• 5.3.1   Visual Content Licenses are further divided into Standard, Enhanced and Editorial Licenses as well as Comp Licenses as set out below.
• 5.3.2   Music Content Licenses are divided into Standard, Enhanced and Comp Licenses as set out below.

5.4  Subscription on basis of Content:

• 5.4.1   Rights Managed Content: Subject to the terms and conditions of this EULA, and excluding the rights granted herein below, MAHATTA grants the User a limited, nonexclusive right to use the Rights Managed Content licensed hereunder to create and exploit the Content solely as specified in the Invoice, and expressly as limited under the type of License granted as per the provisions of this EULA respectively and the terms and conditions herein. Unless otherwise stated in the Invoice, the license granted hereunder for the applicable Rights Managed Content allows the User to use the Rights Managed Content obtained hereunder for the term specifically agreed between MAHATTA and you, as per your mode of subscription Except where specifically permitted on the Invoice for the applicable Content, the User may not distribute, publish, display or otherwise use in any way, the Rights Managed Content, including without limitation the Product after the Term.
• 5.4.2   Royalty-Free Content: Subject to the terms and conditions of this EULA, and regardless of the form in or media on which the Content is delivered to the User (including, but not limited to electronic or online transmission, CDs or DVDs), MAHATTA grants the User a limited, non-exclusive, and worldwide right (except as may otherwise be specified in the applicable Invoice) to create and exploit the Content and/or the Product for any purpose authorized under this EULA. The rights granted to the User under this Clause include the right to make the Royalty-Free Content available to separate individuals (cumulatively over the Term) for the sole purpose of treating the Royalty-Free Content to create the Product. The User must obtain an additional license and pay the additional one-time fee applicable to the specified Content, if the User wishes to make the Content available to more than 1 user, charges will be applicable per user, and there is no specific limit to the number of users that can have access to such content.

MAHATTA hereby grants the User a non-exclusive, non-transferable, royalty free license to use Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:

6.1  Image License:

• 6.1.1   Standard License grants the User the right to use Image(s) for his personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind) the Images or the right to put the Image or the Product to any Restricted Use as detailed in Clause 5. Under the terms of the Standard License, the User has the right to make use of the Image(s) via digital or print media, provided no Image is reproduced / viewed more than 500,000 times in the aggregate
• 6.1.2   Enhanced License includes the right to use the Image(s) for commercial uses other than multiple resales, downloading or distribution of the Image(s), without any limitation on the number of reproductions / views. For the sake of avoidance of doubt, the license under this provision will permit only one resale to a particular client. Communication of such resale must be made to MAHATTA.
• 6.1.3   MAHATTA retains the right to audit, inspect the records of the User to determine the number of views for the purposes of evaluating the payment terms of this License, as may be applicable.

6.2  Footage License:

• 6.2.1   Standard License grants the User the right to use Image(s) for his personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind) the Images or the right to put the Image or the Product to any Restricted Use as detailed in Clause 6. Under the terms of the Standard License, the User has the right to make use of the Image(s) via digital or print media, provided no Image is reproduced / viewed more than 500,000 times in the aggregate.
• 6.2.2   Footage Comp License grants the User the limited right to use watermarked, low resolution Footage as a comp ("Comp Footage") solely for test or sample use in order to aid Users in evaluation of the Footage prior to purchasing a license. Unless a licence is purchased, Comp Footage cannot be used in any final materials or any publicly available materials. The User can edit the Comp Footage but cannot remove the Indiapicturebudget watermark, unless the Comp Footage is licensed under this EULA.
• 6.2.3   MAHATTA retains the right to audit, inspect the records of the User to determine the number of views for the purposes of evaluating the payment terms of this License, as may be applicable.

6.3  Editorial License:

• 6.3.1   Editorial License grants the User the right to make use of an Editorial item in a news story, blog post, page of a publication etc. but expressly excludes commercial uses such as advertising or merchandising.
• 6.3.2   Standard License grants the User the right to make use of the Editorial item in a news story, blog post, page of a publication, etc. via digital or print media, provided no Editorial item is reproduced / viewed more than 500,000 times in the aggregate. Further, it is to be noted that it is for non-commercial use (not for resale, download, distribution, or any commercial use of any kind).
• 6.3.3   Enhanced License includes the right to use the Editorial item for more than 500,000 reproductions and views, without any limitation on the total number of reproductions / views. For the sake of avoidance of doubt, the license under this provision will permit only one resale to a particular client. Communication of such resale must be made to MAHATTA.
• 6.3.4   MAHATTA retains the right to audit, inspect the records of the User to determine the number of views for the purposes of evaluating the payment terms of this License, as may be applicable.

• 7.1  Nothing contained in this EULA shall be deemed to grant the User any right to distribute, resell or transfer the Visual Content, other than as expressly provided by the license purchased by the User with respect to such Visual Content.
• 7.2  The User must not submit any Content that is abusive or offensive to other Users of the application.
• 7.3  The User is solely and wholly responsible for all Content uploaded from his account to the Website. The User must not upload any copyrighted material or material that does not belong to him. In the event copyrighted material is uploaded by a User, the User must obtain appropriate permissions before submitting it to the Website.
• 7.4  The User must not upload any Content that contains any obscene or defamatory material, or Content that is in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.
• 7.5  The User must not upload Content in connection with the advertisement or promotion of tobacco products.
• 7.6  The User must not upload Visual Content depicting people therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
• 7.7  The User is further prohibited from uploading Content that is illegal under any applicable law for the time being in force.

• 8.1  You may not use any Footage in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theatres.
• 8.2  You may not use "stills" derived from Footage except solely in connection with the in context marketing, promotion, and advertising of your derivative works incorporating Footage, beyond the scope of this EULA.

• 9.1  You may not use any Editorial content in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theatres, or in related promotional materials.
• 9.2  You may not use any Editorial content on a publication cover, jacket, or other packaging related to the underlying use.
• 9.3  You may not use any Editorial content in a publication with a print run in excess of 500,000 copies.

• 10.1  The User does not need to include a photo credit for commercial use, except for use of the Content for editorial purposes, whereby, the User must include a credit adjacent to the Content or in production credits. The credit should be in the following format: “[Photographer Name]/ via MAHATTA”.
• 10.2  If licensed content is used in an audio/visual production where credits are accorded to other providers of licensed material, the User must include a credit in comparable size and placement. The credit should be in the following format: “[Video] [Imagery] supplied by [Artist Name]/[Collection Name] via MAHATTA”.

11.1  MAHATTA hereby grants the User a non-exclusive, non-transferable , royalty free license to use Music Content worldwide, for the agreed term, as expressly permitted by the applicable license and subject to the limitations set forth herein:

• 11.1.1   Standard License grants the User the right to synchronize Music in a Production as well as the right to distribute via web based-viewing platforms. The Standard license also grants the User the right to use the Music Content or the Product in non-web based "industrial" contexts, which is inclusive of trade shows, conferences, corporate events, internal corporate use, and point of sale, but does not include the right to put the Content or the Product to any Restricted Use as detailed in Clause 7.
• 11.1.2   Enhanced License includes the right to for right to synchronize Music Content in a Production (and in-context trailers and promotions therefor), solely subject to the restrictions set out in Clause 7.
• 11.1.3   Comp License Comp License grants the User the right to synchronize watermarked Music Content solely for test or sample use related to a Production in order to aid Users in evaluation of the Music Content prior to purchasing a license. The Comp Music License expressly prohibits distributing Music Content to the public in any form or incorporating Music into any final materials. The User is further prohibited from removing or altering the India Pictures watermark from Music Content, unless the Music Content is licensed under this EULA.

12.1  The User is precluded from:

• 12.1.1   Sub-licensing, re-selling, renting, lending, assigning, gifting or otherwise transferring or distributing to any third-party the Music or the right to use the Music separate and apart from the Production in which (pursuant to the license granted herein) it is embodied.
• 12.1.2   Reselling, redistributing, providing access to, sharing or transferring any Music except as specifically provided herein.
• 12.1.3   Manufacturing, distributing, selling or otherwise exploiting "records", CDs, MP3s or any other audio Product embodying sound alone which incorporates Music Content, other than an audio-only Production expressly described in the definition of "Production" above. For the purpose of this subsection the term "records" means all forms of reproductions, whether now known or hereafter devised, manufacture or distributed primary for home use, school use, or juke box use, embodying sound alone (excluding synchronized material).
• 12.1.4   Using the Music Content in connection with other material that is pornographic, defamatory, libelous, obscene, immoral, illegal or that otherwise violates any right(s) of any third party(ies).
• 12.1.5   Violating export laws, restrictions or regulations, by shipping, transferring or exporting Music into any country in violation of any export laws, restrictions or regulation.
• 12.1.6   Using, selling, sublicensing, reproducing, distributing, displaying, incorporating into or otherwise making Music, in whole or in part, available as, or as part of, production library content, or downloadable files or include the Music Content or any derivative work incorporating the Music Content in any other stock product, library, or collection.
• 12.1.7   Remixing, making a mashup, or otherwise altering the Music Content, except engaging in basic editing of the Music Content (e.g., setting start/stop points, determining fade-in/fade-out points, etc.) in connection with the exercise of the license granted under this EULA.
• 12.1.8   Using the Music Content in an audio-only Production in which music is the primary content.
• 12.1.9   The User may publish Productions incorporating Music Content on third party "user-generated" content distribution platforms (e.g., YouTube) (each a "UGC Platform"). The User may not claim ownership of the Music Content or otherwise register any Music Content with any UGC Platform even as synchronized with your own Production. If the User become aware of any third-party claims or any ownership interests in any Music Content, the User must promptly notify MAHATTA of such claim.

• 13.1  The Website is protected by copyright, trademark and/or other protective rights and is subject to copyright law and other protective laws. MAHATTA is the rightful owner or licensee of all rights to the Website. With the exception of the use of the Website in accordance with this EULA, use of MAHATTA’ Rights in any other manner is only permitted with the prior written consent of MAHATTA and at the sole discretion of MAHATTA.
• 13.2  All Content made available for download on the Website can be used for free for personal and/or commercial purposes subject to some limitations as set out in this EULA. All rights not expressly granted in this EULA are reserved by MAHATTA and the Contributors.

• 14.1  MAHATTA represents and warrants that it has been granted full and sufficient right, title and authority by its Contributors to grant the rights and/or licenses granted to the User under this EULA.
• 14.2  MAHATTA further represents and warrants that for all Content licensed to the User, the use of such Content in accordance with this EULA will not infringe on the Contributor/author’s copyright.
• 14.3  Footage and Images in their original unaltered form and used in full compliance with this EULA and applicable law, will not:
  • 14.3.1   infringe any copyright, trademark or other intellectual property right of any person.
  • 14.3.2   violate any third parties' rights of privacy or publicity.
  • 14.3.3   depict unlawful or violent, hateful or threatening or otherwise inappropriate acts.
  • 14.3.4   violate any Indian law, statute, ordinance, or regulation; or
  • 14.3.5   be defamatory, libellous, racist, pornographic or otherwise immoral, vulgar or obscene.
• 14.4  For licensed content (excluding content marked “editorial”), MAHATTA warrants that your use of such content in accordance with this agreement and in the form delivered by MAHATTA (that is, excluding any modifications, overlays or refocusing done by you) will not infringe on any trademark or other intellectual property right, and will not violate any right of privacy or right of publicity.
• 14.5  Editorial content in the original unaltered form and used in full compliance with this EULA and applicable law, will not infringe a third party’s copyright, it being understood that the foregoing warranty does not apply to elements depicted in the Editorial content.
• 14.6  While MAHATTA has made reasonable efforts to correctly categorise, keyword, caption and title the Content, MAHATTA does not warrant the accuracy of such information, of any metadata provided with the Content or of the audio employed by the User in the Footage used in the Product. For the sake of clarity, MAHATTA will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions or any audio in Footage
• 14.7  Except as provided in this section above, the Content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. MAHATTA does not represent or warrant that the Content or its Website will meet your requirements or that use of the Content or Website will be uninterrupted or error free.

• 15.1  The User hereby agrees to and is required to pay MAHATTA for all Content that the User obtains under the terms of this EULA, regardless of whether the User uses the Content. This may, as set forth in the applicable Invoice, include an obligation to pay MAHATTA a royalty and to submit an accounting or other record verifying the User’s use of the Content. Payment is due within thirty (30) days of the date on which the applicable Invoice is issued, or the date specified in the Invoice, whichever comes first. A late payment charge of one and one-half percent (1.5%) per month may be added to any unpaid balance after thirty (30) days. The maximum amount permitted by state law shall be imposed on each returned cheque.
• 15.2  MAHATTA shall have the right to conduct, with at least 07 days prior notice to the User, audit of the usage of the Content and/or the Product by the User and, in case of Content for which royalty is payable, an audit of the books of account of the User. The User shall make available to the inspector all data and records necessary for the inspectors to properly conduct such inspection and audit.
• 15.3  In the event the inspector arrives at the finding that the User has exceeded the rights of usage granted to it under the EULA or that there is under-payment of royalty, MAHATTA shall have the option to either terminate/suspend the User’s license and/or deduct any difference between said reported royalties and the payable royalties payable as difference from the User’s registered mode of payment. Any such inspection or audit shall be at MAHATTA’ expense, except if the audit results show breach of the License conditions by the User of more than 5% over the course of the entire period audited, in which case the User will pay for the audit.

• 16.1  Some materials or information accessible through the Website may be provided by third parties such as other Users or advertisers. These materials may include, without limitation, advertisements for third-party or User-provided products or services. The User may have opportunities on or through the Website to purchase certain products and/or services directly from such third parties. The User is solely responsible for any and all consequences of such activities, transactions and relationships that the User may conduct or form with other Users of the Website or other third parties. The User may make any purchases from such third parties at his own risk. The User acknowledges and agrees that MAHATTA does not recommend or endorse any third-party websites or services and has no responsibility or liability for the User’s purchases and/or transactions. If MAHATTA becomes aware of any violations of law through the Content, links to third-party websites or advertising published on the Website, MAHATTA hereby undertakes to immediately delete such Content, links or advertising.
• 16.2  MAHATTA accepts no responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures or unauthorized access or theft, destruction or modification of user communications. Likewise, MAHATTA is not liable for problems or technical malfunctions in connection with telephone networks or lines, online systems, servers or providers, computer equipment, software or for failures of e-mails or players due to technical problems or data jams on the internet and/or the Website, unless these are within the sphere of influence of MAHATTA.

• 17.1  By accepting this EULA, you agree to indemnify and otherwise hold harmless MAHATTA, its officers, employees, agents, subsidiaries, affiliates, and other partners.
• 17.2  from any and all claims, damages (direct, indirect, incidental, special, consequential or exemplary) losses or demands arising out of, relating to, or resulting from (i) your use and access to the Website; (ii) your violation of this EULA; (iii) infringement of third party rights (copyrights, trademark rights, personal rights, etc.) by you or your Product. The indemnity obligation includes the reasonable costs of legal defence, in particular lawyer's fees, necessary to defend against such claims.
• 17.3  Subject to the terms hereof, and provided that you have not breached the terms of this or any other EULA with MAHATTA, MAHATTA will defend, indemnify, and hold you harmless up to the actual damages suffered by you. Such indemnification is solely limited to the direct damages caused to the User arising from a third-party claim directly attributable to MAHATTA’ breach of the express warranties and representations, together with associated expenses (including reasonable attorneys’ fees). Indemnification is conditioned upon the User notifying MAHATTA, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim and MAHATTA shall not be liable for any costs incurred in defending such a third-party claim till MAHATTA has had a reasonable opportunity to analyze such claim’s validity.
• 17.4  MAHATTA shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which the User made use of the Content.

• 18.1  MAHATTA reserves the right to remove any Content at any time if MAHATTA has reasonable ground to believe that the Content is in violation of this EULA. MAHATTA shall be under no obligation to refund any fees paid by the User in the event that your account is terminated by reason of a breach.
• 18.2  MAHATTA further expressly reserves the right to take legal action, in particular to assert claims for damages or to file criminal charges.

• 19.1  This EULA between MAHATTA and you shall be governed by the laws of the Republic of India without regard to any conflict of law principles. The exclusive forum for any disputes arising out of or relating to this EULA shall be New Delhi. This EULA constitutes the entire EULA between you and MAHATTA regarding the Application. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect.