Terms and Conditions:
This website, www.thomasvijayan.com (the Website), is owned and operated by THOMAS VIJAYAN. This agreement is between you and THOMAS VIJAYAN. If you are using this Website on your employer’s behalf or in the scope of your employment, this agreement is between you, your employer and THOMAS VIJAYAN. By accepting this Agreement, you do so as an agent of your employer and certify that you have the authority to accept this agreement.
Please read this agreement in its entirety prior to accessing the site. By using this web site, you agree to be bound by these terms. If you do not agree, discontinue using the site. You must be at least 18 years old to accept this Agreement, use or access this site or to license any image on this Website.
1. Changes to This Agreement: THOMAS VIJAYAN reserves the right, at his sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in this Agreement will be posted on the www.thomasvijayan.com Website on the “Terms and Conditions” page.
2. Revocation of Authorization to Access Site: THOMAS VIJAYAN reserves the right to revoke your authorization to access this Website or restrict your access at any time without notice.
3. Intellectual Property Rights: This site and all content and material appearing on the site, including but not limited to images, photographs, text, graphics, trademarks and service marks ("Content") are owned by THOMAS VIJAYAN. All intellectual property rights, including but not limited to copyright, trademark and service mark rights, trade dress and moral rights are owned by THOMAS VIJAYAN. None of the photographic images and text on the Website are in the Public Domain.
4. Prohibited Activities: Except as expressly permitted by this Agreement or a written License Agreement with THOMAS VIJAYAN, no portion of the Website or its Content may be copied, retransmitted, stored, published, reproduced or altered by any means, including but not limited to digitization or synthesizing of any images or other Content by any means now known or hereinafter created. No portion of the Website or its Content be downloaded expect by normal viewing process of the browser. No image or other Content may be modified to altered or remove any watermark, copyright notice, title or caption.
5.Infringement: THOMAS VIJAYAN actively protects his copyright interests. In the event that an infringement is discovered you will be notified and invoiced the industry-standard double-fee for unauthorized usage and/or prosecuted for Copyright Infringement in US Federal Court where you will be subject to statutory damages as well as all court costs and attorneys’ fees.
6.Image Access, Searching and Downloading: The Website contains photographic images bearing a visible and electronic watermarks as well as images with no visible watermark. THOMAS VIJAYAN online image archive may only be searched and viewed upon registration for a Client Account and activation of the Client Account by THOMAS VIJAYAN or his office. A. Watermarked Images: You may download watermarked images solely for the purpose of evaluating whether to purchase a license to use the non-watermarked image. In evaluating whether to purchase a license, for up to sixty (60) days from the date of download, you are permitted to use the Watermarked Image in your internal "comps" and layouts. No other use is permitted, including but not limited to use in any final materials distributed internally or in any materials distributed to the public, online or in another electronic distribution system. You may not modify, alter or remove any visible or electronic watermark, nor disassemble or decompile the image. B. Non-Watermarked Images: Client Account holders may search and access non-watermarked images solely for the purpose of evaluating whether to purchase a license to use the image. Your access to the non-watermarked image does not permit any use unless you purchase a license to use the image.
7.Model Releases: No model releases exist for the photographic Images and other Content available on thomasvijayan.com unless specifically acknowledged in writing by Agent. You are solely responsible for determining whether your use of the Image or other content requires the consent of any third party or the licensing of additional rights.
8.Changes to the Website: THOMAS VIJAYAN may change, suspend or discontinue any aspect of the Website at any time, including the availability of any feature, image, database or other Content.
9.Indemnification: You hereby agree to indemnify, defend and hold THOMAS VIJAYAN, and all his officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including reasonable attorneys fees and costs, incurred by the Indemnified Parties in connection with any claim arising out a breach of this Agreement or the foregoing representations, warranties and covenants or your use of the Website or any Image available on the Website or supplied from THOMAS VIJAYAN. THOMAS VIJAYAN reserves the right, at his own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without his written consent.
10.Links: The Website contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from the Website to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.
11.Disclaimer of warranties: the website, including all content, software, functions, materials and information made available on or accessed through the company web site, is provided "as is." to the fullest extent permissible by law, thomasvijayan.com and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever for the content on the website or the materials, information and functions made accessible by the software used on or accessed through the web site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the website or any linked site. further, company and its subsidiaries and affiliates disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose.company does not warrant that the functions contained in the company web site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the website, content or the server that makes it available is free of viruses or other harmful components. Company and its subsidiaries and affiliates shall not be liable for the use of the web site, including, without limitation, the content and any errors contained therein. In no event shall the liability of greg girard.com for your use of any image provided exceed the greater of the amount invoiced and paid by you for use of the image, or $500.
12.Governing law and venue: this agreement shall be governed by and construed in accordance with the laws of the canada, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in Canada.
Who Am I?
My name is Thomas Vijayan, I hail from Kerala also known as God’s Own Country. I was brought up in Bangalore and around couple of years ago I moved to Canada, where I am now settled with my family.
For past few years, nature photography has been a major part of my life. I love this and this is my passion, not my profession.
For any queries mailto: [email protected]svijayan.com We update this policy periodically. Last updated: March 2018