By using this site you agree to be legally bound by these terms, which shall take effect immediately on your first use of this site.
If you do not agree to be legally bound by the following terms please do not access and/or use www.trikayaphotos.com.
Please review this text regularly to ensure you are aware of any changes made. Your continued use of this site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
These terms apply to you, and if you are using this website on your employer's behalf, to you and your employer. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.
Trikaya is committed to protecting your privacy.
We may collect data from you ("User Data") in various ways:
b. During the course of your use of the website; and
c. When you register for an account with Trikaya, we request information from you and may request information further from time to time following the creation of a user account and to keep the user account active.
Trikaya does not share, sell or exploit User Data commercially through third parties. We will not sell, rent, distribute or otherwise make User Data commercially available to any third party.
All information supplied to us, including your email address and telephone number, is used for internal purposes only, in order to keep you updated with the latest news, promotions, and updated web site information. We also use your account information to personalize content and the services offered to you. Your web site activity is anonymously recorded in order to improve the functionality of the web site and our service. Any payment information submitted to Trikaya is retained in the offline database.
A cookie is a small file that is downloaded from this web site into your hard drive automatically. Cookies allow our web server to recognise your computer on connection to our website, which in turn allows the server to make downloading of pages faster than on first viewing. The data collected by our servers and/or through cookies will not be kept for longer than is necessary. Cookies are used by the web site only to establish your user ID when you log-in to the web site in order to alleviate the process of re-submitting your user ID and password every time you enter the web site.
We will use User Data we collect from you only in accordance with the following guidelines:
(a) To provide the website to you
(b) To include User Data in anonymous statistics
(c) Marketing activities
If you have registered to receive marketing materials from us we may use your data in order to send you in electronic and or paper form marketing and other materials relating to Trikaya, its products and or services. We may use the data provided by you to update records held by Trikaya.
Trikaya zealously protects its intellectual property over the images and contents of the website and in addition Trikaya is committed to protect the intellectual property rights of the photographers contributing to this website. All content included on this site, such as photos, images, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Trikaya or its content suppliers and protected either by the laws of India or by the laws of the respective countries to whom the photographers belong in addition to international copyright laws.
The compilation of all content on this site is the exclusive property of Trikaya and is protected by Indian laws and international copyright laws.
Notification of copyright infringement
If you believe that Content on this website has been used or copied in a way that constitutes copyright infringement, please notify us immediately with the relevant details and we will we will get in touch to discuss the steps to be taken.
When you purchase and download a photo or image to be used by you, Trikaya or the photographer who has been credited to that particular photo or image continues to remain the lawful owner of the intellectual property pertaining to that photo or image. All images purchased and download by you is offered to you on an individual license basis - sometimes referred to as Rights Managed Licensing. The copyright of the image is always retained by the photographer and/or Trikaya Photos.
Trikaya shall charge a Usage Fee in return for the license granted to you to use the image. The Usage Fee is based on how the image is going to be used, how many times the image is going to be used and the size of the image which is licensed to be used by you. No images are granted to be used exclusively and all images are granted to be used only non-exclusively.
The Usage Fee is calculated based on five sizes namely web size, low, medium, high and original and also as per the number of times you wish to use an image. Trikaya calculates this Usage Fee by relying in good faith on the information provided by you. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the license in addition to Trikaya initiating legal proceedings against you for recovery of the Usage Fee remaining unpaid or for breach of contract.
The Usage Fee once paid will not be refunded under any circumstances. Your purchase transaction cannot be reversed. Trikaya requests you to contemplate your purchase seriously before you complete the online purchase transaction.
When an image is licensed to you by Trikaya, the usage is specified on the invoice and cannot be used for any other purpose without further agreement or payment to Trikaya. The license will state the media use, language rights and the territories for the usage and you shall use the image strictly as per the license granted to you. The image so licensed shall be used by you only as times as you have paid the Usage Fee for. If the image is used more than the number of times for which it has been licensed Trikaya shall initiate appropriate legal proceedings including arbitration proceedings as per these terms and conditions for recovering the appropriate Usage Fee as well as for the damages for breach of contract.
Cropping and Image Manipulation.
You shall not alter, crop or manipulate an image in any form without prior permission from Trikaya. All images are permitted to be used only in the same size, content and nature as they have been downloaded.
In all instances where you use the downloaded image, you shall ensure that the photographer should be credited with any reproduction of his/her work. The credit line should read ©photographer's name/Trikaya Photos The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section.
You shall also indemnify and hold Trikaya and/or the photographer harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the images, including, but not limited to, defamation, right of privacy, right of publicity, obscenity claims, and politic or army propaganda. Trikaya’s liability for all claims shall not exceed in any event the total amount invoiced per particular image. Trikaya makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. All orders placed on your account shall be deemed to be done by you and Trikaya assumes no responsibility for theft of the data pertaining to your account.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY TRIKAYA ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIKAYA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIKAYA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRIKAYA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TRIKAYA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIKAYA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You shall indemnify Trikaya and the photographers whose images are posted on this website against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the content and related rights
Disputes, jurisdiction and applicable law
Whenever you access this website or place an order to purchase images on this website, you agree that the laws of India will govern the transaction, without regard to principles of conflict of laws. Any and all disputes arising out of the transaction, including without limitation, the validly, interpretation, performance and breach hereof shall be settled by arbitration by a sole arbitrator who shall be appointed by Trikaya. Trikaya will endeavor to appoint only an independent person as the sole arbitrator and Trikaya will ensure that only a person who has served at least as a retired district judge will be appointed as the arbitrator. The arbitration will take place at Chennai, the capital city of the State of Tamilnadu in India and the award may be enforced in any court of competent jurisdiction around the world. The rules of the (Indian) Arbitration and Conciliation Act, 1996 shall apply to the arbitration.
Notwithstanding the arbitration procedure in the event that Trikaya needs to approach a court of law as per the Arbitration and Conciliation Act, 1996 for an emergent relief against you such relief may be sought by Trikaya from the courts of Chennai.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Trikaya will not be liable or responsible for any failure to perform, or delay in the performance of any of Trikaya’s obligations under an agreement that is caused by events outside reasonable control of Trikaya.
Despite the best efforts of Trikaya to provide accurate information, this website may contain technical or other mistakes, inaccuracies or typographical errors. In addition, this website and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of this website requires the consent of any third party, and you should not rely solely on the information provided by Trikaya