Firstly, an important message: Please read these Terms and Conditions of Use (“Terms”, “Terms of Use”, or “Agreement”) carefully before using the Site or Service, as they affect your legal rights and obligations, including, but not limited to, waivers of rights, limitation of liability, and your indemnity to us.
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than courts or jury trials, and limits the remedies available in the event of a dispute.
By accessing this Site & Service you/user/visitor (Collectively referred to as Users) automatically confirm your acknowledgment & acceptance of these T&C & R&R of this agreement.
For personal use only:
THG Publishing Private Limited does not allow multiple users (networked or otherwise) to access the Site or Service through a single name and password and may cancel or suspend your access to the Site or Service if you do this, or breach any of these Terms without further obligation to you.
User will be permitted to login via limited number of devices. In the event, user tries to exceed number of devices permitted, User will receive a notification requesting him/her to logout from one or more active devices.
Bulk and institutional subscription:
GST invoices:
THG PUBLISHING PRIVATE LIMITED is under no obligation to review any messages, information, or content ("Postings") posted on the Site & Service by users & assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, THG PUBLISHING PRIVATE LIMITED may from time to time monitor the Postings on the Site & Service & may decline to accept and/or remove any Postings that contain:
We reserve the right to revise these T&C and R&R at any time & Users are deemed to be apprised of & bound by any changes to these T & C and R&R. The latest updated T&C and R&R would be posted on the Site & Service.
This product is THG Publishing Pvt Ltd (The Hindu Group) exclusive copyright and proprietary material, and all rights thereto are reserved exclusively with THE HINDU GROUP. Nothing contained herein grants the buyer any right or permission to license and/or assign/transfer the product or use the product (in whole or any part thereto) in any manner other than for personal and non-commercial usage of the buyer. The buyer shall not copy, re-print, digitize, edit, reproduce, distribute copies of this product (be it physical or digital or NFT) or use it in any manner not permitted herein.
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("LICENSEE") (A PERSON OR ANY GROUP/ ASSOCIATION OF PERSONS OR ANY OTHER ENTITY (WHETHER A LEGAL ENTITY OR NOT) AND THG PUBLISHING PRIVATE LIMITED, PROPRIETORS AND PUBLISHERS OF VARIOUS NEWSPAPERS, MAGAZINES & OTHER PUBLICATIONS INCLUDING INDIA'S NATIONAL NEWSPAPER "THE HINDU" HEREINAFTER CALLED "THE HINDU" OR LICENSOR.
READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU BUY ANY PRODUCT FROM THE WEBSITE. BY PROCEEDING FURTHER AND/ OR BY BUYING ANY PRODUCT FROM THIS WEB SITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INVOICE AND THE PRODUCT USAGE SPECIFICATIONS LISTED BELOW. IF YOU DO NOT AGREE, CLICK ON YOUR BROWSER'S BACK BUTTON. BY DOING SO YOU WILL DECLINE THIS AGREEMENT AND WILL NOT BE GRANTED A LICENSE TO SEE OR USE THE IMAGE(S).
In this Agreement the following definitions apply:
1.DEFINITIONS:
2.GRANT OF LICENSE:
Unless otherwise stated expressly in the Invoice, The Hindu grants to Licensee a non-exclusive, 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 Hindu further grants to 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 HINDU 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 Hindu against all losses, claims, damages or expenses (including counsel's fees), and/or any liability consequential, incidental or otherwise), which The Hindu may incur or be put to, claims and/or damages (including all reasonable costs as between attorney and client). The terms specified in the Invoice, or in this Agreement, shall not be modified without the express written consent of The Hindu, 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 Hindu's indemnity obligations, and the representations and warranties made by The Hindu here 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 approval of The Hindu and the payment of any additional license fee required by The Hindu for such expanded use. Licensee shall promptly notify The Hindu of any expanded use of the Licensed Material for which Licensee has not received The Hindu's prior approval, and shall pay to The Hindu any additional license fee required by The Hindu for such expanded use. The rights and remedies of The Hindu hereunder shall be in addition to, and not in lieu of, any other rights or remedies that The Hindu may have at law or in equity.
The Content may be used only for any 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 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.
Use of Licensed Material in a manner not expressly authorized by the Invoice and this Agreement (i) may constitute an infringement of the proprietary rights of The Hindu or a third party and (ii) may 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 Hindu or a third party.
Use of the Licensed Material is strictly limited to the use, medium, period of time, placement, size of the Licensed Material, territory and any other restrictions specified in this agreement and the Invoice
Use and/or incorporation of Licensed Material into a logo, trademark or service mark is absolutely prohibited
Unless otherwise authorized by applicable law or specified in this agreement and the invoice, Licensee may not, directly or indirectly, reproduce the final product of the Licensed Material in any secondary reproductions, such as compilations, in-context promotions or on file-sharing, social networking websites such as YouTube, Facebook, Twitter, Instagram, Myspace, etc. or screen shots. Such reproductions require an additional license and prior written permission from The Hindu and may be subject to payment of additional license fees.
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 or a potentially unflattering or controversial subject, Licensee must accompany each such use with a statement that indicates that the same is used for illustrative purposes only.
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, the licensee must get the necessary permissions from the person or the owner of the property to use the image.
The Hindu's 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.
NOT WITHSTANDING ANY THING CONTAINED IN THIS AGREEMENT OR INVOICE, EVEN IF EXCLUSIVE RIGHT OF LICENCE(S) ARE GIVEN THE HINDU RESERVES THE RIGHT TO USE AND PUBLISH THE "LICENSED MATERIAL OR IMAGE" FOR ANY PURPOSE (PRIVATE OR COMMERCIAL).
3. NO RETURN/REFUND POLICY:
For your convenience, the file size and dimensions of the images (photographs and cartoons) are given. It is for you to check out these aspects and determine whether or not the image as per the file size and dimensions would be suitable for the particular purpose for which you desire to download and use the same. Once you have downloaded the image, we will not, under any circumstances whatsoever, refund the money paid by you.
4. ADDITIONAL RIGHTS AVAILABLE:
If you are unsure of your usage rights under this agreement or wish to use the Image in a manner not permitted by this agreement (for example: on line or as part of an advertisement for or of a product), please contact us.
5. GENERAL :
You/The Licensee may not decompile, reverse engineer, disassemble, or otherwise reduce to human-readable form any software. All rights to the Image are owned by The Hindu and/or its licensor and are protected by Indian copyright law, international treaty provisions and other applicable laws. The Hindu and its licensor retain all rights not expressly granted by this agreement. The Image is licensed only to you or your employer, if you are licensing on behalf of your employer. The license contained in this agreement will terminate automatically without notice from The Hindu if you or your employer fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately.
6 .NO RETURN/REFUND POLICY:
For your convenience, the file size and dimensions of the images are mentioned. It is for you to check out these aspects and determine whether or not the image as per the file size and dimensions would be suitable for the particular purpose for which you desire to down load and use the same. Once you have down loaded the image, we will not, under any circumstances whatsoever, refund the monies paid by you.
7. LIMITATIONS ON REPRODUCTION RIGHTS AND CREDIT LINES:
The following credit line must appear adjacent to any Licensed Material used/utilized by Licensee: (Photographer's name)/The Hindu. Licensed Material contains numerous images of people, both alive and dead. No releases exist for this Licensed Material unless expressly stated by The Hindu. Licensee shall be solely responsible to determine whether a release is required to use any such Licensed Material. Some jurisdictions provide legal protection to people, places and things where any Licensed Material is to be used for commercial purposes. Licensee may crop or rotate Licensed Material. The Hindu's Images of historical vintage often employ older photo techniques. Some of this Licensed Material contains "artifacts" or other flaws inherent in prints of the particular vintage and are not defects. Some of The Hindu Licensed Material may be in the public domain or licensed to The Hindu on a non-exclusive basis. It therefore may be possible for another library to license Licensed Material represented by The Hindu for a conflicting use. The Hindu shall have no liability for any such situation. If any use of the Licensed Material gives rise to publication rights or any similar rights in India or in any other country, those rights shall belong exclusively to the Hindu except as otherwise agreed in writing by The Hindu. Licensee shall do all such things and shall procure rights from any third parties in whom such rights may otherwise vest (including executing assignments) as are required to vest ownership of all such rights exclusively in The Hindu.
8. COPYRIGHT:
No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the License contained in this Agreement. Except as expressly set forth in this Agreement, The Hindu grants Licensee no right or license, express or implied, to the Licensed Material. Licensee shall provide or post applicable copyright notice and/or protection. Upon demand, Licensee shall immediately assign to The Hindu (or The Hindu's designee) any copyright of or to the Licensed Material arising out of the publication of the Licensed Material. No copyright information shall be removed from any digital file.
9. WARRANTY AND LIMITATION OF LIABILITY:
THE REPRESENTATIONS AND WARRANTIES OF THE HINDU MADE HEREIN WILL HAVE NO FORCE OR EFFECT IF THE LICENSED MATERIAL IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT.
The Hindu warrants to Licensee that the digital or analog copy of the Licensed Material in the form downloaded by Licensee or delivered by The Hindu by any means to Licensee will be free from defects in material and workmanship (not including "artifacts" or other flaws inherent in prints of the particular vintage) for 30 days from the date of delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital or analog copy of the Licensed Material or refund of the Reproduction fee paid by Licensee, at The Hindu's option.
The Hindu makes no representations or warranties as to whether or not any additional fees or payments may be due to any person depicted in Licensed Material is required or not. Licensee shall be solely responsible for such additional fees or payments.
The Hindu grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Licensed Material, and Licensee must be satisfied that all the necessary rights or consents regarding any of the above, as may be required for Reproduction, have been obtained.
The Hindu warrants the digital copy of the Image in the form downloaded by you to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Image.
THE HINDU MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER THE HINDU NOR ITS LICENSOR (AS AND IF APPLICABLE) SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.
The foregoing representations and warranties apply only to the Licensed Material as delivered by The Hindu when used in accordance with the terms of this Agreement and the uses expressly provided for in the Invoice.
10. ELECTRONIC STORAGE:
For all Licensed Material that Licensee takes delivery via down load, Licensee must provide the copyright symbol, the name of The Hindu and the Licensed Material identification number as part of the electronic file. In addition, Licensee may only use a single copy of the Licensed Material on a single computer. Licensee may only down load the Licensed Material onto one (1) computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the Licensed Material for any purpose except as otherwise provided in this Agreement and the Invoice. Notwithstanding the foregoing, Licensee shall be allowed to make one (1) backup copy for security reasons only. Licensee may not use the Licensed Material on any image storage jukebox, network configuration or similar computer network arrangement. Upon the expiration or earlier termination of this Agreement, Licensee shall promptly delete the Licensed Material from its computer or other electronic storage system.
11. RIGHT TO INFORMATION:
The Hindu may at any time inspect any records, accounts and books relating to the storage, use or Reproduction of any of Licensed Material to ensure that the Licensed Material is being used in accordance with this Agreement.
The Hindu may seize, confiscate or impound any additional copies of the Images that the Licensee is found to possess at the time of such inspection and reserves a right to terminate this agreement immediately, without prejudice to its right to claim any damages for breach of terms of this agreement of the Invoice.
12. GOVERNING LAW :
All matters, disputes and differences of any kind whatever arising out of or in connection with this Agreement shall be referred to a single arbitrator to be appointed by The Hindu. The Arbitration shall be held in Chennai only and Court for the said Act shall be the Court(s) of Chennai only. The award of the Arbitrator or Arbitrators as the case may be, shall be final and binding on the parties. The Arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The substantial and procedural law of the arbitration shall be Indian law not withstanding any conflict law provision and the venue of arbitration shall be Chennai only.
Please read these terms carefully before using the online payment facility for the Products and/or Services of MERCHANT. Using the online payment facility on our Site & Service indicates that you accept these terms and conditions. If you do not accept these terms do not use this facility.
All payments are subject to the following conditions:-
Refunds
Contact Details:
Email: [email protected]
Any matter, dispute, resolution on the presents is subject to the exclusive jurisdiction of Chennai Court only.
SUBSCRIPTION IS NOT APPLICABLE TO EUROPEAN UNION- EU USERS
1. Registration, Passwords and Responsibilities :
You are responsible for keeping your information and passwords up to date and confidential.
2. Subscription and Cancellation :
3. Free Trials :
4. Renewal :
5. Cancellation :
6. Contract and Disputes :
7. Fees and Payments :
Additional Terms apply to your use of content in the Site & Service:
Changes to these Terms -
Assignment of Agreement -
Non-Waiver -
Notices -
Severability/Survival/Statute of Limitations -
Whole Agreement -
Headings -
No Class or Representative Proceedings; Class Action Waiver.
Redressal :
In the event of any grievances or write to us at the following address:
THG PUBLISHING PRIVATE LIMITED
Kasturi Buildings
No. 859 & 860 Anna Salai,
Chennai-600002
Termination :
Jurisdiction :
Communications :
All communications and notices of any kind may be sent to:
THG PUBLISHING PRIVATE LIMITED
Kasturi Buildings
859-860, Anna Salai
Chennai-600002
India
Tel: +91-44-28576300
Email: [email protected]