This User Agreement (“Agreement”) is entered into between Decorstock Technologies Private Limited, a company incorporated under the Companies Act, 2013 and having its registered office at Flat 1/2/3, DLF Building, Opp Savitri Cinema Complex, Greater Kailash 2, New Delhi - 110048 (“Company”, “we”, “our”), and any person accessing, purchasing, licensing, downloading, or otherwise using any content from the Platform (“User”, “you”, “your”).
By creating an account, purchasing or licensing any content, or otherwise using the Platform [name of platform] (“Website”), you agree to be bound by this Agreement and the terms, policies, and guidelines incorporated herein by reference.
a) The Company operates an online intermediary platform (“Website”) facilitating the licensing of creative works (“Work(s)”) from sellers (“Sellers”) to Users.
b) You acknowledge that the Company acts solely as an intermediary between Sellers and Users, enabling the licensing of Works uploaded by Sellers.
c) Nothing in this Agreement shall create a partnership, employment, or agency relationship between you and the Company.
a) Subject to payment of the applicable license fee and compliance with this Agreement, the Company grants you a non-exclusive, non-transferable, worldwide, and perpetual license to use, reproduce, publicly display, modify, distribute, or publish the Work as per the license type selected at the time of purchase.
b) Ownership of the Work remains with the Contributor. You acquire only the usage rights expressly granted under this Agreement.
c) The scope of permitted use depends on the type of license purchased (for example, “Standard”, “Extended”, or “Editorial”). The details of each license type shall be as displayed on the Website at the time of purchase.
You represent and warrant that:
a) You will use the Work strictly in accordance with the license terms purchased.
b) You shall not use the Work for any illegal, defamatory, obscene, or immoral purpose, or in a manner that violates any law in force in India.
c) You shall not use any Work in a way that misrepresents its source, creator, or ownership.
d) You shall not claim authorship, trademark rights, or exclusive ownership over any Work or its derivative.
e) You will ensure that any modification, adaptation, or derivative work created using a licensed Work does not violate any third-party rights or the restrictions set forth under this Agreement.
The following uses of Works are strictly prohibited:
a) Resale, redistribution, or sharing of Works as standalone files or through any competitive content service.
b) Use of Works in logos, trademarks, or service marks without express written consent.
c) Use of Works in pornographic, obscene, defamatory, or unlawful contexts.
d) Use of Works in a manner that could reasonably be deemed offensive, discriminatory, or misleading.
e) Use of Works in violation of any applicable Indian law, including the Information Technology Act, 2000 or Copyright Act, 1957.
a) The Company does not transfer any title or ownership rights in the Works to you.
b) All intellectual property rights remain vested in the Contributor.
c) You agree not to remove, obscure, or alter any copyright notices or metadata attached to any
Work.
a) Users shall pay all applicable license fees prior to downloading or using any Work.
b) Prices, taxes, and payment terms shall be displayed on the Website and may be revised from time to time without prior notice.
c) Once a Work has been downloaded, fees are non-refundable, except where:
d) the Work is proven to infringe a third party’s copyright; or
e) there is a confirmed technical defect preventing use of the file.
f) Refunds, if any, shall be issued at the sole discretion of the Company.
The Company may suspend your account or access to the Website immediately, with or without prior notice, if:
a) there are reasonable grounds to believe that you have violated this Agreement or applicable Indian law;
b) the Company receives a valid complaint, notice, or claim concerning your misuse of any Work; or
c) the Company is conducting an internal review for fraud, infringement, or misuse.
During suspension, you may be restricted from accessing purchased Works or downloading new content. Suspension does not relieve you of any liabilities arising prior to such action.
a) By the Company: The Company may terminate this Agreement, your account, or access to the Website:
i) immediately, in the event of a material breach, including misuse of any Work, infringement of third-party rights, or violation of applicable law; or
ii) upon 15 days’ written notice for business, compliance, or policy reasons.
b) By the User: You may terminate your account at any time by written notice to the Company, provided that such termination shall not entitle you to any refund unless expressly agreed by the Company.
c) Effect of Termination:
i) Any licenses granted prior to termination shall remain valid unless terminated for breach.
ii) The Company may revoke licenses where the Work is alleged or proven to infringe third-party rights, and refund or replacement shall be your sole remedy.
iii) Clauses relating to indemnity, limitation of liability, safe harbour, and governing law shall survive termination.
a) The Company operates the Website as an intermediary under Section 79 of the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
b) The Company does not initiate, select, modify, or monitor the transmission of Works or data submitted by Sellers.
c) The Company shall not be liable for any third-party Works hosted, distributed, or sublicensed through the Website, provided that:
i) upon receiving actual knowledge of unlawful or infringing Works through a court order, government notice, or valid complaint, the Company shall act expeditiously to remove or disable access; and
ii) Users shall not use or transmit any Work prohibited under applicable Indian law.
d) Nothing in this Agreement affects the statutory exemptions or protections available to the Company as an intermediary under Indian law.
a) You agree to indemnify and hold harmless the Company, its directors, officers, and affiliates against any claims, damages, costs, or expenses arising from your misuse of Works, breach of warranties, or violation of this Agreement or applicable law.
b) The Company shall not be liable for indirect, consequential, or incidental damages, including but not limited to loss of profits or data.
c) The User acknowledges and agrees that all Works available on the Website are uploaded by independent Sellers. The Company acts solely as an intermediary under Section 79 of the Information Technology Act, 2000 and facilitates the licensing of such Works.
d) In the event that any Work licensed by the User is alleged or proven to infringe the copyright or any other intellectual property right of a third party, the Company shall not be liable for any losses, damages, or claims arising therefrom. The Company’s role is limited to providing access to the Platform and facilitating transactions between Sellers and Users.
e) Upon receiving a valid legal notice, court order, or government directive relating to such infringement, the Company may, at its sole discretion and without prior notice to the User:
i) remove or disable access to the disputed Work;
ii) suspend or revoke the User’s license to such Work; and
iii) provide information relating to the relevant Contributor or transaction to the concerned authority, as required under applicable law.
f) The User agrees that any claim or dispute relating to the ownership or authorship of a Work shall be raised directly with the Contributor or rightful copyright owner. The Company shall not be made a party to, nor shall it bear any responsibility for, such disputes.
g) The User’s sole remedy in the event of such an infringement shall be, at the Company’s discretion, either
i) replacement of the Work with a non-infringing equivalent, or
ii) if the user has paid a work-specific license fee, a refund of the license fee paid for that Work .
h) The Company’s total liability under this Agreement shall not exceed the total license fees paid by you in the twelve (12) months preceding the claim.
This Agreement constitutes the entire understanding between the parties and supersedes all prior arrangements or representations, whether oral or written.
Any amendments must be made in writing and published on the Website.
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