Rewa Images
End User License Agreement for Images
Last Updated : Sept 2020

IMAGE

LICENSE AGREEMENT

This is a legal agreement between you or your company, firm or other organisation (“you”) and REWA IMAGES, Artivism Collaborations Pvt Ltd. Rewa Images has been appointed agent by its Contributors to grant this License on their behalf.

Please read this agreement carefully in its entirety before you download or use any image. By confirming the purchase of the Image(s) or downloading the Image(s) you have selected from this website you agree to be bound by the terms of this license agreement (the “Agreement”) and the Image usage restrictions contained herein.

REWA IMAGES REPRESENTATION 

Rewa Images represents that it owns all rights and/or has all requisite authority to the Content, including copyrights, and is authorised to license the content under the license. Unaltered and standalone content licensed to you will not infringe or violate the intellectual property, publicity or privacy rights of any third party. Copyright of the content belongs to Rewa Images and/or content contributors of Rewa Images. However, such representation will be deemed inapplicable with regards to content with absence of the corresponding model or property release in relation to the content which prevents the intended use of the content. Such content may be deemed as editorial content and cannot be used for any commercial or advertorial purposes as subject to clause 6.1.4

  • Licensee Representation

 

You represent and warrant that :-

 

  1. You are at least 18 years of age and have the right to enter into this license
  2. You will not use the content in any way that is not permitted by this license
  3. Information that you provide to Rewa Images is accurate and true, including without limitation all payments and billing information
  4. Except as otherwise stated in this license, any account(s) opened or maintained by you on the sites will only be accessed and used by you for the purposes and on terms stipulated in this License 

 

 

  • Definitions

 

“Terms”
Means the terms and conditions set out in this Agreement and includes the terms contained in the Invoice. The terms contained in the Invoice replace those in this Agreement to the extent of any inconsistency.

 

“Contributor”
Means the owner(s) of the copyright in the Image(s) or their agent(s) who have submitted the Image(s) to Rewa Images.

 

“RewaImages”
Means Rewa Images, and any internet platforms or domains hosted by Artivism Collaborations Private Limited.

“Invoice”
Means the computer-generated or pre-printed invoice provided by Rewa Images that may include, without limitation, details of the Images selected, any limitations on the Licence in addition to those specified herein, the key terms of the Licence and the corresponding price for the Licence. The terms contained in the Invoice shall be incorporated into this Agreement and all references to the Agreement shall include those terms.

“Image(s)”
Means the Image(s) you have selected which are identified on the Invoice or, in the case of a virtual CD, the CD which is identified on the Invoice.

“Content”
Content shall mean any original work of authorship, including any modifications or additions to an existing work, that is submitted by the contributor for sale using the Rewa Images website platform.

“Licence”
Means the non-exclusive (unless otherwise stated in the Invoice) non-sublicensable right Rewa Images grants to you to use the Image(s).

“Reproduction”
Includes any form of copying or publication of the whole or part of any Image whether by printing, slide projection or other display (whether or not to an audience), 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 copying or distortion or manipulation of the whole or part of any Image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting image may not appear to a reasonable person to be derived from the original Image.

“Release”
Means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Image.

“LicenceFee”
Means any sum or sums payable to Rewa Images by you in respect of the Licence.

“VitalRole”
Means the content used form an integral part or the core component of the licensed work and will substantially increase the value of your licensed work.

“LicensedWork”
Means the genuine end product or end derivative work that has been Reproduced or created by or on behalf of you or your client, using independent skill and effort and that incorporated content and other material, and which content shall be inseparable from the licensed work to be a standalone content.

“Standalone Content”
Means the unaltered and unmodified content in the original form downloadable from the sites, including the same content in a different resolution.

 

 

  • Contracting parties

 

The parties to this contract are Rewa Images and you. Rewa Images has all requisite rights and/or has been appointed agent by its Contributors to grant this License on their behalf.

 

  • Grant of rights (Permitted Uses)

 

    1. Rewa Images grants to you a non-exclusive and non-assignable right to Reproduce the Image(s) on a royalty free, worldwide and perpetual basis (unlimited use of the image within the organization) solely as part of the following (or as otherwise agreed in writing by Rewa Images) Restrictions in paragraph 9:
      1. Advertising, Marketing and promotional materials
  • Advertisements prepared by graphic designers/agencies for clients on magazines, periodicals, newspapers, reports and other traditional print media
  • Print ads, mailers, handouts, brochures, flyers, posters, catalogues, packaging for promotional materials.
      1. Merchandise and resale of products: 
        • You may use the Content in any printed material, merchandise or product for resale (for eg: calendes, T-shirts, posters, mugs etc) upto 1,00,000 products, exceeding which an standard license is to be obtained.
        • You may use the Content for print as primary product packaging for resale, (eg: packaging of a  toy, CD covers etc) upto 1,00,000 products, exceeding which an standard license is to be obtained.
      2. Online or other electronic distribution system
  • On a website, video game or data storage device for distribution or use by others as an end licensed work 
  • As background or screen content in software or mobile applications, provided the content does not play a Vital Role in the Licensed work. 
  • You may use the Content as design elements or constituent in eBooks, website templates, flash templates, licensed software products and documents for distribution, resale and/or use by others upto 50,000 product sales, provided such use does not allow the redistribution or re-use of Content as standalone content by third party.
  • You may also use the Content to play a Vital Role in the licensed work as backgrounds or screen content in software or mobile or other digital applications, upto 50,000 product sales.
  • Substantially reproduced into original artwork.
  • On video or film for online platforms like YouTube, Vimeo etc, provided the copyright information is prominently displayed next to the work [ © Contributor name | Rewa images]. Prominent display of the credit statement could include, eg: beginning or ending credits to a television program or broadcast, or cited reasonably close to the content used, or appended or annotated clearly.
  • You may use the content for feature films, television broadcast, or other commercial use, provided the copyright information is prominently displayed next to the work [ © Contributor name/Rewa images]. Prominent display of the credit statement could include, eg: beginning or ending credits to a television program or broadcast, or cited reasonably close to the content used, or appended or annotated clearly.
  • Posting and/or uploading content on social media websites and applications (such as Facebook, Instagram and Twitter etc) provided that such social media websites and applications do not assume or deem ownership or rights in the content, other than being permitted through You as licensee of the content to have the content and/or Licensed work displayed or used as permitted under this license; or you must include your organization logo at any corner of the content covering a minimum of 15-20% of the displayed content and/or the content must be incorporated into a Licensed work.
      1. Print / Publications / Education / Corporate
  • Business cards, letterheads, catalogues, brochures, and pamphlets
  • Use of content for multimedia presentations like powerpoint, corporate presentations, corporate video for internal distribution, provided the following copyright notice is displayed next to the file [ © Contributor name/Rewa images]
  • For unlimited print run in magazines, newspapers, periodicals, reports, and other traditional print media 
  • You may use the Content for unlimited print run as covers (front and back page) for books, magazines, e-books, reports, periodicals and other traditional print media.

      1. EDITORIAL USE ONLY (Editorial content & Editorial Context) 
  • ImportantContent marked as “Editorial Use Only” may ONLY be used for editorial purposes and may NOT be used for any commercial / advertising / promotional purposes.
  • Content used for editorial purposes (such as magazines, newspapers, textbooks, books, eBooks, directories online and multimedia distributions) must display the following copyright notice next to the file [ © Contributor name/Rewa images]
  • For avoidance of doubt, all content (including content not marked as “Editorial Use Only”) may also be used in an editorial context, unless clearly marked as Creative(Commercial) Images, whether in traditional or electronic print, website, blogs, television, online video, provided that the copyright notice is displayed next to the file. 
  • Unlimited print runs of each content marked as editorial content is allowed
      1. Materials for personal, non-commercial use and test or sample use, including comps and layouts. 
  • Home decorations. Wall murals, art, albums, prints, personal property, and use in DIY items and other personal prints
  • Personal blogs and other personal publications (traditional or online) provided that the personal publications will not cause you or any third-party publication service provider (eg: blog service providers) to assume or deem the ownership or rights in the content whether as standalone image, in derived form or as a licensed work.
  • As decor in an office, lobby, public areas, restaurants, or retail stores

Please note, not all of Rewa Images’ Images have Releases. It is your responsibility to check that all necessary Releases have been secured 

 

  • Additional Rights

 

In order to facilitate Your use of the content to reproduce licensed works, you may:- 

      1. Client work: You may utilize Content to produce Licensed work on behalf of clients 
      2. Procurement: You may obtain the license to Content on behalf of the client, provided the client is fully subject to and bound by the terms of this License
      3. Representative: You may obtain a License on behalf of your employer, company, group or affiliate, provided such other party is fully subject to and bound by the terms of this license
      4. Subcontract: You may transfer content files/derived works to subcontractors or employees temporarily to produce licensed works strictly on Your behalf, provided such other party abide by the restrictions in this license.

 

  • Restrictions

 

      1. The Image(s) may not be sublicensed, resold or otherwise made available for downloading, use or distribution separately. For example, the Image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, your customers may be provided with copies of the Image(s) as an integral part of the work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately.
      2. If you are an intermediary (for example an advertising agency) you may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement but you may sub-license an Image as part of a derivative work (for example an advertisement) to your clients but never as a standalone content. Should your clients wish to incorporate the Image in their own work they should contact Rewa Images to purchase a licence.
      3. When exercising this right, you must ensure any notice of copyright, trademark or other proprietary right is not removed from any place where it is placed on or embedded in the Image. You may alter, crop, manipulate and create derivative works from the Image(s), so long as you ensure any notice of copyright, trademark or other proprietary right is not removed from any place where it is placed on or embedded in the Image.
      4. You must not download content from the website using methods other than that provided by Rewa Images.
      5. You may not use the Image(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third-party intellectual property or privacy rights, whether directly or in context or juxtaposition with other materials.

 

  • Unless additional rights are specified on the Rewa Images invoice or sales order, or granted pursuant to a separate license agreement, you may not use content marked “editorial” for any commercial, promotional, advertorial. endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events or topics that are newsworthy or of general public interest.
  • Content marked as “editorial” may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the content is not compromised, but you may not otherwise alter the content.

 

      1. The Image(s) may be shared by creating an image library, network configuration or other similar arrangement so long as no more than ten (10) individuals employed by the same entity have access to the Image(s) This is not a “simultaneous users licence”, in other words you may not have more than ten (10) specific people access the Image(s) even if only ten (10) people are accessing the Image(s) at any particular time. For the Image(s) to be used by more than ten (10) individuals you must first contact Rewa Images to negotiate an extension of the Licence.
      2. The Image(s) as stored and shared by you must retain the copyright symbol, the name of Rewa Images, the Image(s)’ identification numbers and any other information as may be invisibly embedded in the electronic files containing the original Image(s).
      3. The Image(s) may not be distributed by a mobile phone device in a way that would allow any third party to download, extract or access the Image(s) as a standalone file.
      4. You must not incorporate Images (or any part of them) into a logo, trademark or service mark.
      5. If any Image featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or (ii) if the depiction of the model in the Image would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement indicating that the person is a model and the Image is being used for illustrative purposes only.
      6. Rewa Images does not warrant the accuracy of the captioning, keywording or any other information associated with the Image(s).
      7. You must abide by any restriction on use notified to you by Rewa Images before, after or at the time of delivery of the Image(s), either in the information accompanying the Image(s), the Invoice or otherwise.
      8. Rewa Images, after reasonable notice, may inspect any records, accounts and books relating to the Reproduction of any of the Image(s) to ensure that the Image(s) are being used in accordance with this Agreement.

 

  • Credit and Copyright issues

 

      1. No ownership or copyright in any Image shall pass to you by the issue of the Licence.
      2. Unless otherwise agreed in writing, if any Image is reproduced by you for editorial purposes (i.e., for any non-promotional purpose) you must include the credit line “[ © Contributor name | Rewa images]”, or any other credit line specified by Rewa Images. If a credit line is omitted then an additional fee equal to one hundred percent (100%) of the original amount invoiced attributable to the Image in question shall be payable by you.
      3. Rewa Images’ copyright notice and image identification reference which appear in the Image file must remain with your digital copy of the Image at all times. You will retain the copyright notice, the name of Rewa Images and the respective artist, the respective RF Image reference and any other information or metadata that is embedded in the electronic file that comprises any Image which you have downloaded from the Website or otherwise received from Rewa Images. Failure to maintain the integrity of the copyright information will constitute a breach of this Agreement.
      4. In connection with the use of “Rewa Images” or any other of Rewa Images’ or its partners’ trade names, trademarks, logos or service marks, including the names of all Image collections (“Marks”), you acknowledge and agree that (i) such Marks are and shall remain the sole property of Rewa Images or its partners; (ii) nothing shall confer upon you any right of use in or to the Marks; and (iii) you shall not now or in the future contest the validity of the Marks.
      5. You will immediately notify Rewa Images if you become aware or suspect that any third party has gained access to the Images through you, is wrongfully using the Images, in whole or in part, or is violating any of Rewa Images’ intellectual property rights, including, but not limited to, trademarks and copyrights.

 

  • Warranty and limitation of liability

 

    1. Rewa Images guarantees that should any Image have defects in material or workmanship and these are notified in writing to Rewa Images within thirty (15) days from the date of delivery of the Image then Rewa Images will either replace the Image with another digital copy of the Image free from defect or refund the Licence Fee paid by you to the extent attributable to the defective Image, at Rewa Images’ option.
    2. Rewa Images makes no other warranties, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Rewa Images nor its contributors shall be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Rewa Images, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if Rewa Images has been advised of the possibility of such damages, costs or losses. Rewa Images’ maximum liability arising out of or in connection with your use of or inability to use the Image (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to five (5) times the value paid by you for the relevant Image.

 

 

  • Payment

 

No Reproduction of any Image is authorised until payment in full has been received by Rewa Images. Any Reproduction by you or on your behalf prior to payment being received by Rewa Images constitutes a breach of this Agreement which entitles Rewa Images immediately to terminate this Agreement and further constitutes an infringement of copyright.

 

  • Indemnity

 

You agree to indemnify and hold Rewa Images and its Contributors harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any Image supplied to you by Rewa Images, on behalf of the Contributor, or any other breach by you of any of your obligations under this Agreement.

 

  • Release information

 

      1. Rewa Images gives no representations or warranties whatsoever as to the existence of any Releases associated with the Image(s).
      2. Rewa Images gives no representations or warranties whatsoever with respect to the use of names, trade marks, logos, uniforms, registered or copyrighted designs or artistic works depicted in any Image.
      3. You must satisfy yourself that all Releases as may be required for Reproduction of the Image(s) have been secured. You are solely responsible for obtaining all such Releases and the Licence is conditional in each case on your obtaining them. If you are unsure as to whether any Releases are needed for your Image usage, then it is your responsibility to consult with relevant parties. You shall not rely upon any representation or warranty given by Rewa Images employees or representatives save as set out in this Agreement. 

 

  • Licence fee

 

      1. The price of the Licensed Material will be as quoted on Rewa Images website (www.rewaimages.com) (“Rewa Images Site”) from time to time, except in cases of obvious error. Image prices include GST. 
      2. Rewa Images site contains a large number of images and it is always possible that, despite our best efforts, some of the images listed on Rewa Images site may be incorrectly priced.
      3. We are under no obligation to provide the Licensed Material to you at the incorrect price.
      4. Use of an Image in a manner not specifically authorised under the terms set out in the Invoice or otherwise in the Agreement constitutes a breach of the Agreement and an infringement of copyright.

 

  • Licence cancellation

 

Provided you have not used the Image(s) you may cancel the Licence within 30 days from the date of the Invoice by sending Rewa Images an email with notification of the cancellation to the following address: sales@rewaimages.com.

      1. You may cancel the Licence within ten (10) days from the date of the Invoice without charge.
      2. If you cancel less than thirty (30) days after the Invoice date, a cancellation fee of fifty (50%) percent of the Invoice will be charged.
      3. After thirty (30) days, no cancellations will be accepted and the full amount of the invoice must be paid.
      4. Cancelling the Licence will revoke any right to publish, reproduce or use the Image(s) in any manner whatsoever.

 

  • Confidentiality

 

Except as required by law both parties shall procure that all confidential information disclosed by one party to the other in accordance with this Agreement or which may at any time until the termination of this Agreement come into the other party’s knowledge, possession or control shall not be used for any purpose other than those required or permitted by this Agreement and shall remain confidential and shall not be disclosed to any third party except insofar as this may be required for the proper operation of this Agreement and then only under appropriate confidentiality provisions approved by the other party. For the purposes of this agreement confidential information shall include without limitation that relating to the business of a party, its business systems, pricing, trade secrets, business processes and client and supplier lists. These obligations of confidentiality shall cease to apply to any particular item of confidential information once it becomes public knowledge other than by any act or default of either party.

 

  • Condition of Images

 

You should make sure that you examine the Image(s) for possible defects (whether digital or otherwise) before sending the Image(s) for Reproduction. Rewa Images shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Image or its caption or in any way from its Reproduction.

 

  • Downtime

 

Due to the nature of server provision, downtime and lost transmissions may occur as part of routine maintenance. You are advised to maintain a copy of your account status and details of Image(s) purchased.

 

  • Miscellaneous terms

 

    1. The Licence will terminate immediately if you (a) enter into voluntary or compulsory liquidation, (b) have a receiver appointed or (c) fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
    2. No variation of any of these Terms shall be effective unless in writing and signed by Rewa Images and you. No action of Rewa Images, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that Rewa Images waives any specific part of this Agreement, such fact does not mean that any other part is waived. In the event of any inconsistency between the Terms and the terms contained in any purchase order or other communication sent by you, the terms of this Agreement shall prevail.
    3. Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
    4. 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 the courts in Delhi. If Rewa Images is required to enforce its rights as a result of any breach of these terms, whether legal proceedings are commenced or not, you agree to indemnify Rewa Images in respect of all reasonable legal fees and costs incurred by Rewa Images in relation thereto.