Terms Of Service

The owner (The Third Eye Photography) of the copyrighted photographs (Owner) being purchased (Photographs) hereby grants you the nonexclusive, nonassignable, & non-sublicensable right to use the Photograph for personal use only. You are prohibited from using the Photograph for any other purpose, including using the Photograph online; creating electronic/other copies of Photographs; or using Photographs as part of trademark/ servicemark/logo. You may only create 1 printed copy of the Photograph for your personal use. Owner retains all rights in the Photograph & any derivative work, including the right to use, copy, sell, license, broadcast & distribute Photographs in all markets/territories.

In consideration of the grant of this nonexclusive license, you shall pay the Owner the amount specified, due & payable immediately, prior to you downloading a digital copy of the Photograph. These terms are electronic records under applicable legislation. This electronic record is generated by a computer system & does not require physical/digital signs, & shall be binding between Owner & you (Agreement). By purchasing the Photograph, you confirm that you are above 18yrs & competent to enter into & be bound by this Agreement under applicable laws.

 All right, interests & titles to Photographs published on this website & other media owned and/or operated by Sri Badrika Ashram (Ashram) are the property of the Owner, who holds all rights in connection with their ownership & usage. The owner has granted the Ashram a royalty-free, nonexclusive, nontransferable, worldwide right to use Photographs.
All Photographs, including those of Om Swami, can be used only for your personal use. Photographs cannot be used for any commercial purpose, such as in advertising, marketing, or in any way inconsistent with the Ashram’s mission, & without prior written approval from the Owner. Photographs cannot be altered/copied/sold/redistributed/reproduced/used to create derivative works, in any form, without the Owner’s prior written consent. Photographs must not be archived in any system/database without Ashram and/or Owners prior written approval.
You agree to abide by all applicable laws regarding copyright, trademark, & trade secret ownership & use of the intellectual property(IP), & you shall be solely responsible for violations of applicable laws & for IP infringements from the use of the website & Photographs.
You shall use Photographs only for permitted purposes & as per this Agreement
Once purchased, the purchase will be binding on you & you cannot raise any return & refund request
Notwithstanding anything in this Agreement, the Owner may refuse delivery of the Photograph for any reason as it deems fit, including suspicion on the proposed use of Photographs. In such a case, in case you have paid for the Photograph, a refund back to the source will be processed as per the website terms
Owner/Ashram will not be responsible for payment issues/ disputes, which shall be dealt with as per website/service provider terms. You shall have no claim against the Owner/ Ashram in this regard
Publication of Photographs without the Owners written consent, including copying it from other published materials, is an infringement of intellectual property rights in the Photograph, & Owner can initiate legal & other action against you
Except as provided in this Agreement, nothing herein or on the website shall be construed as conferring any other license/right on you, expressly, by implication, by estoppel, or otherwise. Any rights not expressly granted herein are reserved
You shall not make any negative/denigrating/defamatory statements/comments about Ashram/ Owner/ Photographs, or otherwise engage in conduct/action that may tarnish the image/reputation of Ashram/ Owner, or dilute any IP rights
You understand & agree that Ashram or Owner shall not be liable for any losses or damages, including any loss of use/profits/data/goodwill howsoever caused, whether for breach of contract, tort or otherwise resulting from the use of, or inability to use, website or any other matter/content relating to the website, including Photographs. Notwithstanding anything contained in this Agreement, the maximum aggregate liability of the Owner & Ashram shall not exceed the cost of the Photograph purchased by you from the Owner. These limitations will apply whether or not you have been advised of the possibility of such damages
You will defend, indemnify & hold harmless the Owner, Ashram & their respective employees, agents & representatives, from & against all claims, costs, losses, damages, judgments, penalties, & expenses arising out of any claim that arises out of/relates to the use or misuse of Photographs or any violation of this Agreement
Ashram/ Owner makes no express/implied representations or warranties about the website/ services/ Photograph, & we disclaim any implied warranties, including the warranty of merchantability, fitness for a particular purpose, use, or non-infringement.
Owner shall not be liable for failure to perform any obligations hereunder if such performance is prevented/ affected due to a force majeure event. A force majeure event is an event arising from any cause beyond the reasonable control of the Owner, such as unavailability of a communication system, fire, acts of God, civil commotion, strikes/industrial action, riots, legislation, government acts
Owner may terminate/ suspend the provision of any services to you under this Agreement, including refusing to provide any rights in Photographs, at any time & without prior notice, for any reason that Owner deems fit, including for breach of this Agreement
If a provision of this Agreement is held invalid/illegal/unenforceable, the validity, legality & enforceability of remaining provisions will not be affected or impaired in any way, & will be deemed restated to reflect the parties original intent as nearly as possible
Owner may change the terms of this Agreement at its sole discretion, which shall be binding on you. Changes will be effective on posting on the website
This Agreement is subject to Indian laws, & all matters relating hereto shall be subject to the exclusive jurisdiction of Bangalore courts
By using the website and/or viewing/ downloading/ purchasing Photograph(s), you agree to be bound by these terms & conditions. Please carefully read & understand these terms before using the website/ services offered thereon. If you don’t accept any of these terms, do not use the website or its contents, or purchase any Photograph
Photographs, whether used in print/electronic/online/other formats, must be credited as Om Swami’s Photo by The Third Eye Photography 
You shall use Photographs only for permitted purposes as per this Agreement
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