Definitions and Meaning
Most of the terms used herein have been defined in detail in the Terms and Conditions document.
If any term is not defined in the “Terms and Conditions” then, meaning of such term shall be the same as is colloquially defined by the context, and also shall be ascertained by its Dictionary meaning, in that sequence, unless expressly defined.
Certain information which is collected from the User may be stored by SIF.
That, such information may contain personally identifiable information such as first name, last name, city of residence, country of residence, email address, mailing address (postal address), details of communication such as telephone, mobile, fax, telex, etc.
That, such information may also include IP address used for accessing the website, including but not limited to openly available information with regards to ISP, etc.
That, in case a purchase is made, information such as choice of mode of payment, such as debit card, credit card, internet bank account details, etc. may be stored
That, in no case is such information stored, unless and until the same is provided for by the User of his own accord in the format so provided for. That, if in case any information is wrongly entered, then, such incorrect information may also be stored.
That, in addition to the above, information may also be collected which does not identify the User in any manner whatsoever. The same may include IP addresses, the type of browser (e.g., Internet Explorer, Firefox, Safari), the operating system (e.g., Vista, Windows XP, Mac OS), the name of ISP, the search terms used on the Website, the specific web pages visited, and the duration of your visits.
That, SIF may either collect such information themselves, or through verified and authorized third party supports.
Use of such information collected
That, information so supplied may be used for the following purposes:
Create and manage account (customer services), including billing services, credit facilities, et cetera
To facilitate services by using information to identify the user, by way of cookies, past usage history, et cetera
To facilitate services, by using third party affiliate services,
To update the user / contact the user with regards to changes to our services / products, promotions, et cetera
To anticipate and resolve the problems that may otherwise be faced by the user, if necessary by using AI
To understand better the needs and desires of the user in order to enable SIF to serve the user better
SIF expressly makes a statement and acknowledges that the personal information so collected shall not be used for any purpose other than the above, with express written consent from the user, save as provided for by law (exception in sub-clause e) That, the said information so collected is necessary for the above purposes. That, the same shall not be shared with any third party services for any direct profit, apart from SIF’s third party affiliates for processing of such information.
That, the user shall have the right examine and understand the extent of information collected by SIF. The user can write to SIF and for a reasonable administrative fee, gain a copy of the information available with SIF with regards to his / her account.
That, at all points of time, the information so collected and stored by SIF, which is otherwise expressly deemed to have been permitted by the User, shall be that of the User himself and that, the User shall be within his / her rights to request for deletion of the same or request for changes to the same or request that it may be edited. Subject to adequacy of reason, the said request shall be honoured by SIF.
That, the data / information collected by SIF shall be shared with Affiliated Service Providers; where required by the law with law enforcement agencies, armed with necessary warrants / requests; with internal / external statistical agencies for website ratings; and with third party financial transaction assistance websites such as visa, paypal, et cetera.
That, SIF expressly stipulates that the instant website is meant for use by individuals who are above the age of 18 (or 21, or 25 in some cases / jurisdictions) and that, by any collection of any personal information from such person who is legally not permitted by law to give consent is a case of fraud being played on this website and on SIF by such User.
That, “Stock Image Factory” (herein after mentioned as SIF, for brevity and convenience) is a website-based service for high definition pre clicked photographs being available for use against a payment. That, all other related websites, software, mobile apps, and other services offered, either by SIF directly, or through third party collaboration shall be deemed to be governed by these Terms and Conditions of Usage.
That, these Terms and Conditions of Usage (TCU) are binding on each User and that, the same is intentional of formulating and by express action of the user of using the website is deemed to constitute a binding agreement which is otherwise enforceable in law. Therefore, by using this website, the user admits to having read the terms and conditions of this agreement and also be bound by this TCU.
That, SIF reserves the right to change these terms and conditions at any point of time, without any prior notice.
That, SIF puts user to the notice that these terms and conditions are governed by a force majeure clause.
That, the user understands that the entire intellectual property which is otherwise owned by SIF may be visible to the user by means of the said website. However, for all practical purposes, SIF shall continue to be the sole owner of all right, title, and interest in such Intellectual Property, whether registered or not, and that, the user shall be duty bound to take all necessary steps as are required under the law. That, without limitations, SIF makes it clear that the said intellectual property in form of designs, copyright, patents, trademarks, geographical indicators, circuit designs, et cetera, is protected under the requisite law in appropriate jurisdictions and that, any breach /infringement thereof shall be punishable with the applicable law. That, the user to avoid such action for breach / infringement which may otherwise be initiated by SIF, shall necessarily license the content to themselves by applying to SIF and by purchasing the usage rights.
That in any case / contingency, the user waives the right to initiate any infringement / breach claims against SIF. That, the user expressly waives the right to initiate and sustain such an infringement / breach action. The user shall be at liberty to serve SIF with a cease and desist notice and that shall be the end of the user’s statutory and / or common law rights.
The user understands that the use of this website is not error free and in case of any untoward incident, resulting from the authorized / unauthorized usage of this website, SIF shall not be responsible for the same. The same includes but is not limited to virus attack, third party websites, loss of money over payment portals, et cetera. The user indemnifies SIF from all such liability which may arise and states that SIF shall not be responsible for the same.
That, in case of any dispute arising out of the currency of these terms and conditions and / or relating to its interpretation, the same shall be referred to a sole arbitrator to be appointed by SIF upon a request in writing. That such arbitration proceedings shall be in English and the seat of arbitration shall be Nagpur. That, the proceedings shall strictly follow the CPC and that, the arbitrator so appointed shall have a mandate for a period of one year. That, the proceedings / appointment shall be governed by the Arbitration and Conciliation Act, 1996 along with the 2015 amendment, or its subsequent enactment, as the case may be.
That, these terms and conditions shall be read in consonance with all the laws prevelant in India as would otherwise be applicable in the territorial limits of Nagpur (Maharashtra, India).