Terms and Conditions

These Terms of Use govern your access to, use of and activities on the www.invisstock.com website, which is owned and operated by Invis Multimedia Pvt. Ltd., and the other websites of Invis Multimedia and its subsidiaries.

Please read these Terms of Use carefully before accessing or using the Website.These Terms of Use limit Invis Multimedia’s liability and may substantively affect your rights. By accessing or using the public or private portions of the Website, you accept and agree to be bound by these Terms of Use. If you are accessing or using the Website on behalf of your employer or another person or entity, you represent and warrant that you have full legal authority to bind such employer or other person or entity. If you do not have such authority or you do not agree with these Terms of Use, do not access or use the Website.

Changes to Legal Terms

Invis Multimedia may change these Terms of Use and the guidelines, policies, restrictions and agreements on the Website at any time and from time to time without notice. You are cautioned to review the Terms of Use and the guidelines, policies, restrictions and agreements posted on the Website periodically. Your continued access to or use of the Website after any such changes are posted, will constitute your acceptance of agreement to the changes.

Content and Other Materials

Invis Multimedia, and its other affiliates (collectively, "affiliates" and together with Invis Multimedia hereinafter called "we", "us") offer an online marketplace at the Website with uploads of a variety of works, including film and video footage, music, sound effects, photographs, illustrations, animation, after effects templates, 3D models, media project files and/or other audio, audio-visual, or visual works, whether generated optically, electronically, digitally or by any other means or in any media or other material (any and all of such works that are uploaded to the Website are hereinafter collectively called “Content”) so the same may be downloaded by and licensed to users, members, registrants and licensees of the Website.

Except as provided below under Previews, no Content may be downloaded or otherwise copied from the Website, unless the person or entity doing so first agrees to the Invis Multimedia Content License Agreement (the "License Agreement"), as the same may be changed by us from time to time, and any and all Content other than Previews that is downloaded from the Website is subject to and only may be downloaded and used on the terms and subject to the conditions and restrictions of the License Agreement and upon the payment of the applicable License Fees therefore set forth in the Website.

All Content, Previews, Content Information and other works and content (hereinafter collectively called “materials”, including the presentation of such content) on the Website and copyrights and other intellectual property rights therein and thereto are the property of Invis Multimedia and are protected by copyright, trademark and other intellectual property laws. "Invis Multimedia" is a registered trademark and "www.invisstock.com" is a trademark of Invis Multimedia. The visual appearance of the Website is protected under the intellectual property laws in India.

Unless you have entered into a separate written agreement with us, such as the Content License Agreement and as may be expressly permitted by said agreement, any use of any of these Materials, including any modification, public display or performance, derivative use, exploitation or distribution, without our written permission is strictly prohibited. No copyright and other intellectual property notices or watermark on any Materials shall be deleted or modified.

Privacy; Your Personal Data

We will collect and process personal information either submitted by you or collected by us to enable us to perform our contractual obligations to you and to provide services related to the License Agreement. We will at all times adhere to applicable data protections laws and will process your personal information in accordance with our Privacy Policy.

Restrictions on Use of the Website

You will access and use the Website and participate in the Website for lawful purposes only and only in accordance with these Terms of Use and the guidelines, policies, restrictions and agreements on the Website.

You will not on or through the Website do any of the following:

  • solicit any Website contributor, customer or user, whether or not such solicitation is on an individual or bulk basis;
  • advertise any product or service, whether or not such advertising is in the form of unrequested bulk commercial email;
  • conduct any fraudulent, criminal offense or other unlawful activity;
  • conduct any activity which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam";
  • impersonate any person or entity, including using a false e-mail address, to confuse, mislead or deceive others;
  • resell or make commercial use of the Website, any part thereof or any Material thereon, except as permitted by the License Agreement as related to Content downloaded thereunder;
  • collect or use of any Content descriptions or information or prices, except (i) to view for purchase of a license of the Content under the License Agreement or (ii) as permitted by the License Agreement as related to Content downloaded thereunder;
  • download or copy any Content information for the benefit of yourself or any person, merchant or website except as necessary to facilitate use of Content downloaded from the Website pursuant to the License Agreement or rights thereto granted therein;
  • use any data mining, robots or similar data gathering and extraction tools on or at the Website or use any other automated means to access the Website;
  • frame or use framing techniques to enclose the Website or any part thereof or any Content or any trademark, logo, or other proprietary information (including images, text, page layout or form) of Invis Multimedia or the Website without our express written consent;
  • use any meta tags or any other "hidden text" utilizing any of our names or trademarks without our express written consent;
  • exploit for any commercial purpose without our express written consent the Website or any part thereof except as necessary to utilize rights to downloaded Content pursuant to the License Agreement or to upload any Content pursuant to the Contributor Agreement.

Links

The Website may provide links or references to other sites, services and resources on the Internet, including payment processors or gateways. Invis Multimedia has no control over such sites, services and resources and we are not responsible for and we do not endorse such sites, services and resources. You further acknowledge and agree that we will not be directly or indirectly responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site, service or resource. Any dealings you have with third parties found while using the Website are between you and the third party, and you agree that Invis Multimedia is not liable for any cost, loss or damages arising directly or indirectly from any such dealings or any claim that you may have against any such third party.

Termination of Use

We may at our sole discretion terminate or limit anyone's access to or use of the Website, any pre-paid subscription at any time and for any reason without prior notice for breaching any/ all provisions of these Terms of Use.

In such event, you agree to immediately (i) stop using the Website and all Previews and Content Information and (ii) delete all Previews, Content Information, other Materials and all copies from all digital media, files, folders, works and storage devices and destroy all other copies, or, at Invis Multimedia’s request, return all such copies to Invis Multimedia, and (iii) pay all amounts owed to Invis Multimedia. If we terminate or limit your access to or use of the Website for breach of any agreement or terms or reasonable cause, Invis Multimedia will not be obligated to refund any fees paid by you.

Services

We may provide services in connection with the Website, including email notifications, Content and Preview downloading and information publication. We will endeavor to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless Invis Multimedia for any damages arising out of your use of the Website, including the unavailability, failure or improper operation of services provided in connection with the Website.

You may incur fees for using certain services ("Fee-Based Services") provided by us. The fees for Fee-Based Services will be conspicuously posted or stated in a notice from us, and you will not be allowed to access any Fee-Based Service without first approving the fees for such service. You agree to pay us all fees charged by us for Fee-Based Services you elect to access.

Warranty and Limitation of Liability

Invis Multimedia guarantees that should any Content contain defects in material or workmanship which are notified in writing to Invis Multimedia within fourteen (14) days from the date of delivery of the Content, Invis Multimedia will either replace that Content with another digital copy of the Content free from defect or refund the Licence Fee paid by you to the extent attributable to the defective Content, at Invis Multimedia’s option.

Invis Multimedia makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Invis Multimedia will not be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Invis Multimedia, its servants or agents or otherwise) which arises out of or in connection with this Terms of Use, even if Invis Multimedia has been advised of the possibility of such damages, costs or losses. Invis Multimedia’s maximum liability arising out of or in connection with your use of or inability to use the Content (whether in contract, tort or otherwise) will, to the extent permitted by law.

The terms of mentioned above will not preclude any liability or claim: (i) for death or bodily injury; (ii) for fraud; (iii) arising from wilful default or gross negligence on the part of Invis Multimedia or any of its employees, agents or otherwise; or (iv) which cannot be excluded or limited by law. Each provision of the above terms is to be construed as a separate limitation (applying and surviving even if for any reason one or other of such provisions is held to be inapplicable, unreasonable or unenforceable in any circumstances) and will remain in force notwithstanding the termination of this Agreement.

Indemnification

You agree to indemnify and hold each of the Invis Multimedia harmless against all claims or liability asserted against any of us arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Interpretation.

Unless the context requires otherwise, in any part of these Terms of Use (a) “including” (and any of its derivative forms, e.g. “includes”), “e.g.” and “for example” means “including but not limited to”; (b) "must not", “should not”, “shall not” and “may not” are expressions of prohibition, and “will”, "must", “should” and “shall” are expressions of command, and not merely expressions of future intent or expectation; (c) use of the singular imports the plural and vice versa; (d) references to one or no gender include the other or no gender; (e) references to the terms “herein” or “hereto” refer to these Terms of Use (including any terms incorporated by reference herein); (f) the headings in these Terms of Use are for ease of reference only and shall not affect its interpretation; and (g) when calculating the time period before which, within which or following which any act is to be done or step taken pursuant to these Terms of Use, the date that is the reference date in calculating such period shall be excluded and the time period shall be deemed to end at 11:59 PM Greenwich Mean Time on the applicable date.

Consent to Electronic Communications.

By inputting any information on the Website, you are consenting to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Miscellaneous Provisions.

  • The parties to these Terms of Use are independent contractors, and nothing in these Terms of Use or the guidelines, policies, restrictions and agreements on the Website shall create a joint venture, partnership, employment relationship, or franchise or fiduciary relationship between the parties.
  • No waiver of any default under these Terms of Use will apply to any subsequent default, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of these Terms of Use.
  • If any provision, or portion thereof, of these Terms of Use, or its application to any person or circumstance, shall be invalid, illegal or unenforceable to any extent, the remainder of these Terms of Use, such provision and their application shall not be affected thereby, but shall be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and shall otherwise be enforceable to the fullest extent permitted by law.
  • These Terms of Use shall be construed in accordance with the laws of the India without regard to its choice of law provisions. Any access to and use of the Website and the entering into these Terms of Use will be deemed to take place in the India.
  • Any dispute regarding these Terms of Use will be resolved exclusively within the jurisdiction of Trivandrum, India in accordance to the laws of the State.
  • You represent that, if you are an individual, you are at least 18 years of age and have the full right and authority to enter into these Terms of Use and conduct all activity conducted or to be conducted by you in or through the Website.
  • If you breach any provision of these Terms of Use or any other agreements or policies referred to herein and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use or any other such agreement or policy.
  • Your obligations and our rights and remedies set out in these Terms of Use are cumulative and are in addition to your obligations and our rights and remedies at law or in equity.
  • Invis Multimedia may assign these Terms of Use without your consent to any other party.
  • These Terms of Use are in addition to the Content License Agreement, the Privacy Policy and the policies, guidelines and restrictions contained on the Website (which are all incorporated by this reference into these Terms of Use). In the event of a conflict between the express terms and provisions of the Content License Agreement with respect to Content downloaded from the Website thereunder and these Terms of Use, the express terms and provisions of such Agreement shall govern and prevail.