Terms and Conditions of our Website

Attention

Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms and conditions ("terms"), do not use this website. By clicking on the button that stipulates agreement to the following terms and by using this website, you agree to be bound by the terms and conditions of this agreement.

Ownership of this website

This site is operated by Bengal Pix Ltd, Dhaka, Bangladesh. All the rights on the content included in our website such as images, text, graphics, illustrations and software (the" Content") are owned by Bengal Pix Ltd, its licensors and/or content providers. All elements of Bengal Pix Ltd website, including the design and the content are protected by industrial and intellectual property rights laws and international treaties.

Use of the Content

You may download low-resolution Images from this web site to your computer desktop (or, send them by e-mail, either to yourself or to another party) for initial viewing and/or use in composites or preview layouts. These are the ONLY permissible reproduction rights granted by us to you for our low-resolution Images. Such uses of low-resolution images are free of charge but are subject to all the prohibitions set out in these Terms and Conditions.

Disclaimers

Although Bengal Pix Ltd uses its best efforts to ensure the accuracy of the contents on the site; this site may contain errors, mistakes or inaccuracies. We make no guarantee as to accuracy, correctness or reliability of the contents. Bengal Pix Ltd may change the contents of this site, at any time, without prior notice. In no event shall Bengal Pix Ltd be liable to you for any damages of any kind arising out of or in connection with the use of this site.

Bengal Pix Ltd Rights Managed End User Licence Agreement (EULA)

This is a legal agreement between you or your company, firm or other organisation ("you") and Bengal Pix Ltd ("Bengal Pix"). Bengal Pix has been appointed agent by its Contributors to grant this Licence on their behalf.

  1. 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 the Bengal Pix Ltd.
    "Bengal Pix" Means Bengal Pix Limited.

    "Invoice" Means the computer-generated or pre-printed invoice provided by Bengal Pix 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.

    "Licence" Means the non-exclusive (unless otherwise stated in the Invoice) non-sublicensable right Alamy 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 is necessary or desirable to obtain in respect of any Image.

    "Licence Fee"
    Means any sum or sums payable to The Bengal Pix Ltd by you in respect of the Licence.

  2. Contracting parties

    The parties to this contract are Bengal Pix Ltd and you. Bengal Pix Ltd has been appointed agent by its Contributors to grant this Licence on their behalf.

  3. Grant of rights and restrictions

    1. Bengal Pix Ltd grants to you a non-exclusive (unless otherwise stated on invoice), non-sub-licensable and non-assignable right to Reproduce the Image(s) solely in the manner and for the purposes set out in the Invoice.
    2. You must not incorporate Images (or any part of them) into a logo, trade mark or service mark.
    3. Image(s) must not be used as references for creating drawings or other visual works unless specifically authorised in the Invoice.
    4. Unless otherwise specified in the Invoice Image(s) may not be reproduced more than once within any design, editorial piece, advertisement or other work product.
    5. Bengal Pix Ltd does not warrant accuracy of the captioning, key-wording or any other information associated with the Image(s).
    6. 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 by juxtaposition with other materials. (Needs clarification – structural problem)
    7. You must abide by any restriction on the use notified to you by Bengal Pix Ltd 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. Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent. For the avoidance of doubt, this includes cropping of images.
  4. Copyright issues

    No ownership or copyright in any Image shall pass to you by the issue of the Licence. 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 "(Photographer’s or Agency’s name)/Bengal Pix", or any other credit line specified by Bengal Pix. If a credit line is omitted then an additional fee equal to hundred percent (100%) of the original amount invoiced attributable to the Image in question shall be payable by you.

  5. Warranty and limitation of liability

    1. Bengal Pix Ltd guarantees that should any Image have defects in material or workmanship and these are notified in writing to Bengal Pix within seven (7) days from the date of delivery of the Image then Bengal Pix 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 Bengal Pix Ltd’s option.
    2. Bengal Pix makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Bengal Pix 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 Bengal Pix, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if Bengal Pix has been advised of the possibility of such damages, costs or losses. Bengal Pix’s 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.

     

  6. Payment

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

  7. Taxes:

    You are responsible for the payment of all sales and use taxes, when applicable, and the Licensor shall be entitled to charge you VAT in addition to the purchase price of the Content.

  8. Indemnity

    You agree to indemnify and hold Bengal Pix Ltd 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 Bengal Pix Ltd, on behalf of the Contributor, or any other breach by you of any of your obligations under this Agreement.

  9. Release information

    1. The Bengal Pix Ltd gives no representations or warranties whatsoever as to the existence of any Releases associated with the Image(s).
    2. The Bengal Pix Ltd 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 Bengal Pix Ltd employees or representatives save as set out in this Agreement.
  10.  Licence fee

    The Licence Fee depends on the nature of the rights granted. You agree to notify Bengal Pix in the event that you desire to expand the usage for the Image and pay any additional Licence Fee. 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.

  11. Licence cancellation

    Provided you have not used the Image(s) you may cancel the Licence within 7 days from the date of the Invoice by sending Bengal Pix Ltd an email with notification of the cancellation to the following address: bengalpix@gmail.com (Please give another address in case this may be interrupted by hackers or accidents – just keep an alternative since this is a legal document)

    • You may cancel the Licence within two (2) days from the date of the Invoice without charge.
    • 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.
    • After thirty (30) days, no cancellation will be accepted and the full amount of the invoice must be paid.

    Interest on overdue invoices and reasonable recovery costs

    1. Unless otherwise agreed by us in writing, all Invoices are payable by you within 30 days.
    2. If you do not make full payment of an Invoice in time we reserve the right to charge interest on the outstanding amount.

     

  12. 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. Subject to clause 5.1, Bengal Pix 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.

     

  13. 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 Bengal Pix and you. No action of Bengal Pix, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that Bengal Pix 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 England and be subject to the exclusive jurisdiction of the English courts. If Bengal Pix 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 Bengal Pix in respect of all reasonable legal fees and costs incurred by Bengal Pix in relation thereto.