Effective May 23rd, 2023.
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR AGREEMENT TO, AND COMPLIANCE WITH, THE TERMS AND CONDITIONS SET FORTH BELOW.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.
YOUR USE OF THIS SITE AND AGREEING TO WORK WITH SAGAR PHOTOGRAPHY WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND YOUR CONTINUED USE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS IN EXISTENCE AT THE TIME OF YOUR USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBSITE AND DO NOT CONTINUE TO WORK WITH SAGAR PHOTOGRAPHY.
I. DEFINITIONS
sagarphotography.in will from here on be referred to as “Sagar Photography”. All pages within this website and any material made available for download will from here on be referred to as the “Website.”
The term “Visitor/user” will from here on refer to anyone accessing the Website.
“You” and “Your” will from here on refer to any Visitor of Sagar Photography website.
The term “Photographer/Videographer” refers to those who enter into an agreement with Sagar Photography to provide photography in exchange for payment via Sagar Photography.
The term “Purchaser” refers to any Visitor of Sagar Photography purchasing photographs, products or professional services via Sagar Photography or group of companies/services.
II. INTRODUCTION AND AGREEMENT TO TERMS
Sagar Photography is a professional photography & videography company which offers a number of different photography and videography related services, where visitors may book, browse and purchase professional services. The website is an eCommerce-enabled website which showcases digital images created by photographers/videographers working on behalf of Sagar Photography and associated brands and presented for viewing and downloading. By using this website, visitors agree to abide by all the Terms and Conditions as set forth in ALL the sections.
III. GENERAL TERMS AND CONDITIONS
Sagar Photography reserves the right to modify or add additional conditions to the Terms and Conditions at any time. Please check for updates to the User Agreement. Our User Agreement will indicate the date on which we published it and it came into force. For 30 days after introducing a revised version of the User Agreement we will indicate on our home page and on the account dashboard at login that a revised User Agreement has taken effect and applies to your use of the website. Your continued use of the website shall constitute your acceptance of the User Agreement in effect at the time of your continued use.
By accessing the gallery you hereby assign and grant Sagar Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs at the premises of the client or in which the client/guests/sponsors/exhibitors/delegates may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases Sagar Photography and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that Sagar Photography may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by Sagar Photography.
Sagar Photography has a royalty-free, perpetual license to use all rights, including copyright, in content that they upload to the Website, such as comments about this Website or about content uploaded by Photographers, or comments submitted as guest entries. Sagar Photography reserves the right to amend, redact and/or delete comments for any reason.
All other content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organisation, or arrangement of content on this Website, is the property of Sagar Photography or its licensors or suppliers.
All pages within this website and any material made available for download are the property of Sagar Photography, and while displayed on the website all images will be protected by digital encryption and digital watermarks. The website is protected by government and international copyright and trademark laws. No portion of the materials on this website owned by Sagar Photography may be reprinted, republished, modified, or distributed in any form without the express written permission of Sagar Photography. You agree that you shall respect our intellectual property rights and the intellectual property rights of others. You also agree that you shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these terms and conditions or any applicable end user license agreements are reserved by Sagar Photography.
Content Disclaimer, Complaints, and Notifications of Claimed Copyright Infringement
Sagar Photography cannot ensure that all persons depicted in the photographs and trademark owners have consented to the display of their image or trademark on this website. If your photograph or trademark appears on this website without Your consent and you wish to have it removed, please contact Sagar Photography and provide the URL to the photograph in question. Please state the reason why you would like it removed and Sagar Photography will make a reasonable effort to remove the picture promptly.
Please send this information to Sagar Photography – info@sagarphotography.in.
Trademark Notice
Sagar Photography, sagarphotography.in and the colour aperture are logos, trademarks, and service marks of Sagar Photography. All other trademarks, service marks and logos used in this site are the trademarks, service marks or logos of their respective owners.
Purchase Terms
Purchasers acknowledge that physical products and professional services purchased through this website are purchased for personal/business use only and are custom made to purchaser’s order and have no market beyond purchaser’s purchase thereof.
Purchasers may not reproduce, scan, display, transmit, distribute, modify, alter or otherwise exploit the physical products, or any portion thereof, for commercial use or in any manner, without the prior written consent of photographer or a representative of Sagar Photography.
Purchasers acknowledge that products and professional services (including digital products) purchased through this website are purchased subject to the terms set forth, and the acquisition of a copy of a work (digital or not) does not itself convey any rights under copyright or other laws to exploit the work. Purchasers acknowledge that Sagar Photography provides NO warranties for ANY digital product license.
Professional services Terms
Our service as standard for professional photography and videography will be discreet and unobstructive and captured in a natural journalistic style, unless otherwise agreed.
Coverage of the event will be captured in its entirety for the duration our photographer/videographer is onsite. Please specify if you require any specific pictures or video capture.
All images/recordings will be professionally captured and expertly edited by a photographer/videographer.
Final edited images provided within 24hrs, edited videos will be approximately 15 days.
Pictures containing people that can be identified are seen as personal information and must be handled with care, with that in mind it is the person named on this contract/invoice responsibility to make guests/delegates/attendees/sponsors/exhibitors aware that their picture will be captured professionally and will be shared in an online gallery, we would also advise ensuring all people attending your event are notified that photography/videography will be carried out.
Pictures will only be supplied to the client using our online system. The systems used are fully compliant with the GDPR standards.
Due to GDPR, after one years no pictures will be archived and all pictures will be deleted. Therefore please remember to download all photos to your own devices and store appropriately.
Our staff deserve to be treated with respect, and work in an environment free from threat, we do not tolerate abuse, threats or assaults, our staff will use their discretion to maintain their safety and act appropriately, if that means they leave the event, no refund or alternative will be provided.
Our staff need to work in an environment which is appropriately suited to working, if the environment is not as discussed based on the invoice, for example an indoor event which is on arrival an outdoor event our staff will use their discretion.
Cancellation Fees
NO REFUNDS WILL BE ISSUED.
If your event is cancelled or postponed, or you no longer require the service booked after the invoice is paid, Sagar Photography will hold a credit for you or your company for a period of up to 1 month from the date of the event.
Please contact info@sagarphotography.in if you have any issues relating to payment.
Warranty Disclaimer
THE WEBSITE, INCLUDING ANY MATERIAL OR ACTIVITIES CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. SAGAR PHOTOGRAPHY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. SAGAR PHOTOGRAPHY DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE PHOTO TEAM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
YOU AGREE THAT SAGAR PHOTOGRAPHY, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THIS LIMITATION OF REMEDIES IS PART OF THE BARGAIN BETWEEN THE PARTIES.
YOU AGREE THAT SAGAR PHOTOGRAPHY SHALL NOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS, CORRUPTION OF DATA, OR THE COPYING OF PHOTOS BY ITS USERS OR UNAUTHORISED USERS. IN ANY EVENT THE LIABILITY OF SAGAR PHOTOGRAPHY, ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, VENDORS AND SUPPLIERS IS LIMITED TO THE LIFETIME AMOUNT PAID FEES ONLY EXCLUDING ANY PRODUCTS ORDERED THROUGH THIS WEBSITE OR ANY OTHER FEES. THE LIFETIME AMOUNT OF YOUR FEES PAID WILL BE DETERMINED AT THE SOLE DISCRETION OF SAGAR PHOTOGRAPHY.
Although Sagar Photography attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorised additions, deletions and alterations could be made to the Website by third parties. If an inaccuracy arises, please inform Sagar Photography so that we can take appropriate action. Information contained on the Website may be changed or updated without notice.
Risk of Loss
All items purchased through Sagar Photography and shipped to the purchaser by Sagar Photography are subject to a shipment contract under which the risk of loss and title for such items pass to the purchaser upon Sagar Photography’s delivery to a shipping carrier.
Indemnity
You specifically agree to indemnify and hold harmless Sagar Photography, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers from any claims, demands, causes of action, judgments, liabilities, losses, and expenses arising from
(1) Your breach of these terms and conditions or violation of any representations or warranties contained in this agreement;
(2) any materials that You submit or post on this Website; or
(3) Your misuse of information provided to You by other Visitors. The indemnity provisions contained in this section include but are not limited to reasonable solicitor’s fees and court costs.
Prohibited Material and Activities
Sagar Photography reserves the right to refuse material and activities or to remove any material and activities from the Website in its sole discretion. All material of any kind that we deem pornographic in our judgment is prohibited from this Web site. Sagar Photography may, in its discretion, but is not obliged to, allow images that contain nudity if they exhibit artistic or other social value and are not pornographic.
Furthermore, You agree that You shall not (1) transmit or post to Sagar Photography or the Website any material or conduct any activity with respect to the Website that in any manner violates any law, regulation, or treaty, or infringes on the rights of any third party; (2) transmit or post any material or activity that is defamatory, fraudulent, or obscene, or that may harass or abuse others; (3) transmit or post any materials or comments that can be harmful to the security or integrity of the Website or any of its users, including but not limited to materials such as viruses, software programs, or worms; (4) access any account that does not belong to You without the authorisation of the owner of the account; (5) misuse, transfer, sell, or otherwise disclose private information provided to You by other subscribers or visitors; (6) interfere with other Visitors’ use and enjoyment of the Services or the Website; (7) modify, adapt, or hack Sagar Photography or the Website or modify any other website so as to falsely imply or make it appear that the website is associated with The Photo Team; (8) spam other Sagar Photography users or burden them with unwanted communications; or (9) post any materially false or misleading information to the Website or otherwise communicate it to Sagar Photography users, including but not limited to any false or misleading advertising or coupons.
You agree that Sagar Photography does not bear the responsibility for policing or determining the legal propriety of any material contributed by others or activity conducted by others on the Website.
Sagar Photography reserves the right to prohibit access of any Visitor in its discretion.
Links to and From Sagar Photography
You agree not to portray Sagar Photography or any of the products or Services provided in a false or misleading manner. You further agree not to link to this Website for any purpose or in any way that is defamatory, fraudulent, indecent, or damages the name or reputation of Sagar Photography.
Sagar Photography makes no representations whatsoever about any other site that you may access through this Website. When you access a non-Sagar Photography Website, you understand and agree that it is independent from Sagar Photography, and that Sagar Photography has no control over the content on that site. In addition, you understand that a hyperlink to a non-Sagar Photography site does not mean that Sagar Photography sponsors, is affiliated with, or endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. You agree to accept all responsibility and any liability stemming from you’re following or providing a link to another site, including where you’re following or providing a link to the other site may lead to infringement of a copyright owned by another.
Flash Photography
Please be aware Sagar Photography service use flash photography, while this will be minimised it is at the full discretion of the photographer to ensure there is the appropriate lighting to capture quality pictures. If any guests have photosensitive epilepsy (PSE) they should be made aware in advance of attending the event, this is the responsibility of the event organiser, Sagar Photography or any of its employees take no responsibility for this.
Pictures containing people that can be identified are seen as personal information and must be handled with care, with that in mind it is the person named on this contract/invoice responsibility to make guests/delegates/attendees/sponsors/exhibitors aware that their picture will be captured professionally and will be shared in an online gallery, we would also advise ensuring all people attending your event are notified that photography/videography will be carried out.
Raw Footage
When you request raw footage, this means unedited, unprocessed footage. It is important to understand that raw footage is an actual representation of the actual conditions on the day of the event. We understand that it is sometimes difficult to understand the editing processes a professional photography and videography company uses, some of these methods and techniques are not widely available. When you request raw footage it is understood that it is your responsibility to then edit this raw footage, and we take no responsibility of this raw footage other than providing it in its absolute raw format. We do charge for providing raw footage as it is not as standard for us to do this, the charge covers the cost of providing an external hard drive, postage cost, and the time to transfer the footage to the hard drive.
Please note any requests to further edit or cut the raw footage in any way other than the editing that is agreed upon to deliver the output contracted to do so as outlined in the invoice is additionally charged. Please ensure you have the provision to edit raw footage correctly before requesting raw footage. Sagar Photography is not responsible for providing footage in any specific format other than what we defines as “raw format”, we are also not responsible for any disappointment of the raw footage we capture. We capture appropriately to edit photos and videos to meet the requirements of what we have been contracted to deliver only.
GDPR
Pictures will only be supplied to the client using our online system unless agreed prior to the event. The systems used are fully compliant with the GDPR standards.
Due to GDPR, after one years no pictures will be archived, and all pictures will be deleted. Therefore, please remember to download all photos to your own devices and store appropriately.
Staff and equipment safety
Our staff deserve to be treated with respect, and work in an environment free from threat, we do not tolerate abuse, threats or assaults, our staff will use their discretion to maintain their safety and act appropriately, if that means they leave the event to protect themselves and or their equipment, no refund or alternative will be provided.
Our staff need to work in an environment which is appropriately suited to working, if the environment is not as discussed based on the invoice, for example an indoor event which is on arrival is an outdoor event our staff will use their discretion. The appropriate provisions need to provided to meet health and safety regulations, this includes clean and maintained toilet facilities, warmth, and drinking water, we consider these items a basic minimum human right.
We use professional grade recording equipment, much of which is expensive, we take great care of our equipment, should any customer/client/guest/delegate/etc try to intentionally damage our equipment we reserve the right for the booking individual/company to reimburse Sagar Photography for any loss incurred. Any damages/losses will be invoiced in full upon an investigation.
By paying an invoice issued by Sagar Photography you agree to these terms and conditions. It is wholly your responsibility to read these terms and conditions and understand them, if there are any points you require further clarification on please contact our office before paying our invoice and state the point of concern. Please email – info@sagarphotography.in
Sagar Photography reserve all rights.
