Welcome to our www.talentedindia.co.in website hereinafter referred to as "Talented India". These terms and conditions of use hereinafter referred to as "Terms" constitute a legal agreement between you hereinafter referred to as the “Licensee” and Talented India. Your use of this Site constitutes your acceptance of the Terms. If you do not agree with the Terms, please do not use this Site.
Website Ownership and Contents
This Site is owned and operated by Talented India. All of the content featured or displayed on this Site, including, but not limited to, text, graphics, illustrations and software hereinafter referred to as "Content", is owned by Talented India and/or its licensors and/or its third-party content partners. All elements of Talented India Site, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND TALENTED INDIA 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. TALENTED INDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE UNAVAILABILITY OF THE SITE, 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 SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, HEREBY EXPRESSLY AND EXCLUSIVELY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE.
Talented India has used reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. Text/Images of people or places displayed on the Site are either the property of, or used with permission by, Talented India or other third parties. The use of these text/images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site or by separate license or agreement. Any unauthorized use of these text/images may violate copyright laws, trademark laws, the laws of privacy and publicity, any communications' regulations and statutes and any other such laws as may be applicable.
There may be links to other websites on this Site; however, these other websites are not controlled by Talented India and we are not responsible for any content contained on any such website or any loss or damage suffered by you in relation to your use of such websites. You waive any and all claims against Talented India regarding the inclusion of links to outside websites or your use of those websites.
Severance & Waiver
No action of Talented India, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. If any provision in these Terms is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of these Terms (or such other agreement or license) which shall remain in full force and effect. We reserve the right to change these Terms; the Content displayed on this Site, any license or product prices contained on the Site and any information or license terms without prior notice. These Terms set out the entire agreement between Talented India and you relating to your use of this Site.
All license agreements, use or any issues arising out of any activity arising out of use of this website will be governed by the laws of India and subject to jurisdiction of courts in Indore, India.
THIS IS A LEGAL AGREEMENT BETWEEN YOU the "LICENSEE" " (A PERSON OR ANY GROUP/ ASSOCIATION OF PERSONS OR ANY OTHER ENTITY (WHETHER A LEGAL ENTITY OR NOT) AND TALENTED INDIA HEREINAFTER REFERRED TO AS the "LICENSOR" READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU DOWNLOAD ANY LICENSED MATERIAL OR CONTENT. BY PROCEEDING FURTHER AND/ OR BY DOWNLOADING ANY CONTENT FROM THIS WEB SITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE CONTENT USAGE SPECIFICATIONS LISTED BELOW.
In this Agreement the following definitions apply:
- "Licensed Material" or "Content" means any text, photograph, cartoon, graphic, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any reproductions thereof, or any other product which may be viewed, accessed/down loaded from the web site and/or which are protected by copyright, trademark, patent or other intellectual property rights, which is licensed to Licensee by THE LICENSOR under the terms of this Agreement.
- "Invoice" means the computer-generated or pre-printed invoice provided by THE LICENSOR that sets forth, without limitation, the specific party contracting with THE LICENSOR, the specific areas of use for the Licensed Material selected, Reproduction rights chosen, sets forth limitations on the license (if any) and states the corresponding price(s) for the license of such Licensed Material. The Invoice shall be deemed to be a part of this Agreement and shall be deemed to be incorporated by this reference herein, and together with this Agreement shall constitute the entire agreement between THE LICENSOR and Licensee regarding the Licensed Material. All references to the Agreement shall include the Invoice.
- "Reproduction" and "Reproduce" include any form of copying or publication of the whole or a part of any Licensed Material, whether by printing, photography, photocopying, slide projection (whether or not to an audience), layout or presentation, use in a production process, electronic, digital or mechanical means, use as a reference by an artist or in an artist's illustration or by any other means. Reproduction further includes the distortion or manipulation of the whole or a part of the Licensed Material (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Licensed Material may not appear to a reasonable person to be derived from the original Licensed Material. Reproduction also includes distribution in whole or in part of any Licensed Material via television, cable, telecommunications network or internet transmission or otherwise, whether similar or not.
GRANT OF RIGHTS AND RESTRICTIONS
Unless otherwise stated expressly in the Invoice, THE LICENSOR grants to Licensee a nonexclusive, non-sub licensable, non-transferable and non-assignable right to use and reproduce the Licensed Material identified in the Invoice to the extent explicitly stated therein.
THE LICENSOR further grants to the Licensee the right to have the Licensed Material reproduced, solely to the extent explicitly stated in the Invoice, by subcontractors of Licensee, provided that such subcontractors agree to abide by the restrictions of this Agreement. The Licensee shall be solely liable for any claims/ damages caused to THE LICENSOR or to any third party which arises/ may arise due to a breach of the terms of this agreement (including the Invoice), or otherwise in law. The Licensee hereby indemnifies and agrees to keep indemnified THE LICENSOR against all losses, claims, damages or expenses whether direct or indirect (including counsel's fees), and/or any liability consequential, incidental or otherwise), which the Licensor may incur or be put to, claims and/or damages (including all reasonable costs as between attorney and client) for breach of the terms of this agreement (including the Invoice), or otherwise in law by the Licensee.
The Content may be used only for lawful and authorized purpose on a single - use basis and may not be distributed, sublicensed or made available for use or distribution separately or individually and no rights may be granted in respect to the Content. For any further use of the same Content, after the said single - use, a fresh License will have to be obtained by signing a similar License Agreement.
The Licensed Material is strictly limited to the use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified in the Invoice. THE LICENSOR, grants Licensee the right to utilize the Licensed Material in the sales and production process that may be necessary for the intended use specified on the Invoice.
Use of Licensed Material in a manner not expressly authorized by the Invoice and this Agreement (i) shall constitute an infringement of the proprietary rights of THE LICENSOR or a third party and (ii) shall result in Licensee incurring or being solely responsible for any damages resulting from any such use, including any damages resulting from any claims for infringement of the intellectual property or proprietary rights of THE LICENSOR or a third party.
If any Licensed Material featuring any person/property is used in a manner that implies endorsement of, use of, or a connection to a product or service by that person or the owner of the property by the Licensee, without the express written permission from the person or the owner of the property to use the text/image then such unauthorized use shall be a violation/breach of this Agreement and the Licensor shall be at the liberty to recover damages from the Licensee and further the Licensee shall be liable to indemnify the Licensor for such unauthorized use.
THE LICENSOR , grant of rights regarding use of Licensed Material on or in a product does not grant Licensee the right to use that Licensed Material in any manner, directly or indirectly (such as, without limitation, in any image or illustration of such product) in the advertising of such product unless that right is also specifically granted.
Pornographic, defamatory, libelous or similar or other unlawful use of Licensed Material is strictly prohibited whether directly or in context or juxtaposition with any other matter.
The terms specified in the Invoice, or in this Agreement, shall not be modified without the express written consent of THE LICENSOR, and any attempt to modify the Agreement without such express written consent, or any attempted deviation from the terms thereof of this Agreement, shall nullify THE LICENSOR indemnity obligations, and the representations and warranties made by THE LICENSOR herein under.
Fees assessed for Licensee's use of the Licensed Material depend on the nature of the rights granted. Licensee shall not undertake any expanded use of the Licensed Material without the prior written approval of THE LICENSOR. .Licensee shall promptly notify THE LICENSOR of any expanded use of the Licensed Material for which Licensee has not received the LICENSOR’S prior approval, and shall pay to THE LICENSOR any additional license fee required by THE LICENSOR for such expanded use. The rights and remedies of THE LICENSOR, hereunder shall be in addition to, and not in lieu of, any other rights or remedies that THE LICENSOR may have at law or in equity.