Terms


Chobir Baksho Licence Agreement

This is a legal agreement (the “Agreement”) between you or your company, firm or other organisation and its parents, subsidiaries, successors, assigns, and all employees and agents ("you") and Chobir Baksho. Chobir Baksho has been appointed agent by its Contributors to grant this Licence on their behalf.

Please read this agreement carefully in its entirety before you purchase/download or use any Image(s)/Footage. By confirming the purchase of the Image(s)/Footage or downloading the Image(s)/Footage you have selected from this website you agree to be bound by the terms of this Agreement and the Image(s)/Footage usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please delete the unused Image(s)/Footage and notify Chobir Baksho by email to the following address: sales@chobirbaksho.com within fifteen days from the Invoice date for a full refund.

 

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 parties who have submitted the Image(s)/Footage to Chobir Baksho.

 

“Invoice”

Means the computer-generated or pre-printed invoice or license document provided by Chobir Baksho that may include, without limitation, details of the Image(s)/Footage 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 or license document shall be incorporated into this Agreement and all references to the Agreement shall include those terms. The invoice or license document will specify if any Image(s)/Footage bought are Royalty Free Images if applicable.

 

“Image(s)/Footage”

Means the specific copy of the Image(s) or Footage available on the Chobir Baksho website that you have selected and which is identified on the Invoice.

 

“Intellectual Property”

Means all property, intellectual, industrial design and moral rights of every kind and nature, including all applications thereof, including but not limited to copyrights, trademarks, service marks, trade names, trade dress, symbols, logos and designs, and trade secret rights and registrations, initial applications, renewal extensions, continuations, divisions or reissues thereof.

 

“Licence”

Means the non-exclusive (unless otherwise stated in the Invoice) non-sublicensable right Chobir Baksho grants to you to use the Image(s)/Footage.

 

“Reproduction”

Includes any form of copying or publication of the whole or part of any Image(s)/Footage 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(s)/Footage (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Image or clip may not appear to a reasonable person to be derived from the original Image(s)/Footage.

 

“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(s)/Footage.

 

“Licence Fee”

Means any sum or sums payable to Chobir Baksho by you in respect of the Licence.

 

Contracting parties

The parties to this contract are Chobir Baksho and you. Chobir Baksho has been appointed agent by written agreement with its Contributors to grant this Licence on their behalf.

Grant of rights and restrictions

For all Licences

Altering, cropping and manipulating Image(s)/Footage

Images when used in a news context, whether sourced from the Chobir Baksho feeds or the general collection, may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the Image is not compromised and the truth of the Image is maintained, but shall not, under any circumstances, otherwise be altered.

 

Images of in copyright artwork may be cropped or otherwise edited for technical quality, provided that the original context and setting of the Image is not altered.

 

For all other Image(s)/Footage you may alter, crop, manipulate and create derivative works from the Image(s)/Footage, so long as you ensure any Chobir Baksho source credit is not removed from any place where it is embedded in the Image(s)/Footage.

 

You must not incorporate Image(s)/Footage (or any part of them) into a logo, trademark or service mark.

 

Image(s)/Footage must not be used as references for creating drawings or other visual works unless specifically authorised in the Invoice.

 

Chobir Baksho does not warrant the accuracy of the captioning, keywording or any other information associated with the Image(s)/Footage. In particular you acknowledge that captions, keywording and other information associated with the Image(s)/Footage may have been translated from the original language into another language using an automated machine translation process that Chobir Baksho has had no input into or control over and that accordingly Chobir Baksho disclaims any liability for inaccurate, misleading, defamatory, insulting, offensive, infringing or unlawful content created as a result of or arising out of such translation process.

 

You acknowledge that the Image(s)/Footage licensed to you may be original Image(s)/Footage that have had certain pre-formatting changes carried out by Chobir Baksho, as may be specified on the applicable Invoice. You are solely responsible for ensuring that the Image(s)/Footage so altered are suitable and appropriate for your intended use. You agree that any altered Image(s)/Footage that give an untrue representation of reality should not be used for news or current events reporting. You accept that pre-formatting changes carried out to original Image(s)/Footage by the Contributor may not be specified on the Invoice.

 

You may not use the Image(s)/Footage 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.

 

If any Image(s)/Footage 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(s)/Footage 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(s)/Footage is being used for illustrative purposes only.

 

You must abide by any direction or instruction on use notified to you by Chobir Bakshobefore, after or at the time of delivery of the Image(s)/Footage, either in the information accompanying the Image(s)/Footage, the Invoice or otherwise.

 

Chobir Baksho , after reasonable notice, may inspect any records, accounts and books relating to the Reproduction of any of the Image(s)/Footage to ensure that the Image(s)/Footage are being used in accordance with this Agreement.

You may store the Image(s)/Footage in a digital library, network configuration or similar arrangement to allow them to be viewed within your organisation and by your clients but you must retain any Chobir Bakshosource credit, any copyright notices, the Image(s)/Footage identification numbers and any other information as may be invisibly embedded or visibility provided within the electronic files containing the original Image(s)/Footage. When your Licence period as set out in the Invoice ends, you must promptly delete the Image(s)/Footage from your computer or other electronic storage system. Any subsequent re­uses of the Image(s)/Footage must be agreed with Chobir Bakshoin advance of re­licensing to ensure the Image(s)/Footage is available to use under the rights you require.

 

The Image(s)/Footage may not be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, the Image(s)/Footage 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 re­use by website users. Similarly, your customers may be provided with copies of the Image(s)/Footage as an integral part of work product, but may not be provided with the Image(s)/Footage or permitted to use the Image(s)/Footage separately.

 

Not all of Chobir Baksho ’s Image(s)/Footage have Releases. It is your responsibility to check that all necessary Releases have been secured (see clause 7.3 below).

 

For all Licences except Royalty Free Image(s)/Footage Licences and Editorial Royalty Free

Chobir Bakshogrants to you a non-exclusive (unless otherwise stated on Invoice), non-sublicensable and non-assignable right to Reproduce the Image(s)/Footage solely in the manner and for the purposes set out in the Invoice. When exercising this right you must ensure any Chobir Bakshosource credit or other third party credit or notice, including Intellectual Property rights, is not removed from any place where it is placed on or embedded in the Image(s)/Footage.

 

Use of the Image(s)/Footage is strictly limited to the use, medium, period of time, territory and any other restrictions specified in the Invoice. You may utilize the Image(s)/Footage in any production process that may be necessary for the intended use specified in the Invoice.

For all Royalty Free Licences as marked on your Invoice (excluding those marked for editorial and personal use only)

Chobir Bakshogrants to you a non-exclusive and non-assignable right to Reproduce the Image(s)/Footage on a worldwide and perpetual basis solely as part of the following (or as otherwise agreed in writing by Chobir Baksho ):

advertising and promotional materials (including packaging).

 

online or other electronic distribution systems (including web page design), but subject to clause 3.1.10. up to a maximum resolution of 72 dpi.

 

broadcasts or theatrical exhibition

 

any products (including for-sale products) or publications (electronic or print), subject to clause 3.1.10; and/or

 

materials for personal, non-commercial use and test or sample use, including comps and layouts.

For Royalty Free Licences marked as limited for editorial and personal use only

Chobir Bakshogrants you a non-exclusive and non-assignable right to Reproduce the Image(s)/Footage on a worldwide basis solely as part of the following (or as agreed in writing by Chobir Baksho ):

online or other electronic distribution systems (including web page design) of editorial (non-promotional) nature, but subject to clause 3.1.10 up to a maximum resolution of 72 dpi.

 

broadcast or theatrical documentary exhibition

 

any editorial products or publications (electronic or print), subject to clause 3.1.10; and/or

 

materials for personal, non-commercial use and test or sample use, including comps and layouts for editorial products

For all Royalty Free Licences, including those marked as for editorial and personal use only

The Image(s)/Footage may be shared by creating an image library, network configuration or other similar arrangement so long as only individuals employed by the same entity have access to the Image(s)/Footage.

 

If you are an intermediary (for example an advertising agency) you may sublicense an Image(s)/Footage as part of a derivative work (for example an advertisement) to your client. You may also assign the rights to your client, by entering their name in the transfer license field on the Invoice. If you assign the rights under this Agreement to your client you will rescind your rights to use the Image(s)/Footage in any other client's work and it's your responsibility to ensure the client understands and abides by all the Terms.

 

The Image(s)/Footage as stored and shared by you must retain any Chobir Bakshosource credit, the Image(s)/Footage identification numbers and any other third party credit or notice, including Intellectual Property rights, or other information as may be invisibly embedded or visibility provided within the electronic files containing the original Image(s)/Footage.

 

The Image(s)/Footage 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)/Footage as a standalone file.

Credit and Copyright issues

No ownership or copyright, if applicable, in any Image(s)/Footage shall pass to you by the issue of the Licence. You acknowledge that, with the exception of certain Image(s)/Footage that may be in the public domain (for which you are obtaining access rights), all right, title and interest in and to the Image(s)/Footage, including, without limitation, any applicable Intellectual Property rights therein remain with the Contributors, and nothing contained herein shall be construed to convey any rights or proprietary interest in the Image(s)/Footage other than the specific rights granted in Section 3 herein.

 

Unless otherwise agreed in writing, if any Image(s)/Footage 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)/Chobir Baksho", or any other credit line specified by Chobir Baksho. 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(s)/Footage in question shall be payable by you.

 

Chobir Baksho’s source credit and Image(s)/Footage identification reference which appear in the Image(s)/Footage file must remain with your digital copy of the Image(s)/Footage at all times. You will retain the any Chobir Baksho source credit, the name of any artist if applicable, the respective Image(s)/Footage reference and any other information or metadata (“content information”) that is embedded in or provided with the electronic file that comprises any Image(s)/Footage which you have downloaded from the Website or otherwise received from Chobir Baksho. Failure to maintain the integrity of the content information referred to in this Clause 4.3 will constitute a breach of this Agreement.

 

In connection with the use of "Chobir Baksho" or any other of Chobir Baksho’s 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 Chobir Baksho 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.

 

You will immediately notify Chobir Baksho if you become aware or suspect that any third party has gained access to the Image(s)/Footage through you, is wrongfully using the Image(s)/Footage, in whole or in part, or is violating any of Chobir Baksho’s or any third party Intellectual Property rights, including, but not limited to, trademarks and copyrights, as applicable.