This End User License Agreement (EULA) is a binding legal agreement between you, as an individual
or entity, and Mahatta Multimedia Private Limited (MAHATTA). The services made available to you
hereunder is licensed to you, and not sold to you. By downloading, accessing, installing or using this
website (www.indiapicturebudget.com) for any compatible platform, as applicable, you
agree to be bound by the terms of this EULA. Mahatta reserves all rights in and to the Website and its
Services not expressly granted to you under this EULA.
The services provided to you by MAHATTA by virtue of your access to its Website are for your private
and non-commercial use only. Use of the Website and Services or of the content available thereof, or
any other associated services within an organization or otherwise requires a commercial license for
Services.
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.
5.2Subscription 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.
5.4Subscription 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:
6.1Image 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.
6.2Footage 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.
6.3Editorial 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.