Acceptance of Terms and Agreement
The Website (www.ranjanb.com), including its associated photography services, blog, and content (collectively, the "Services"), is owned and operated by Ranjan Bhattacharya ("We," "Us," or "RBP").
By accessing, browsing, or continuing to use this Website, you ("User" or "You") acknowledge that you have read, understood, and agreed to be legally bound by these Terms and Conditions in their entirety, without modification or reservation. These Terms form a binding contract between you and RBP. If you disagree with any part of these terms, you must discontinue the use of the Website immediately.
Intellectual Property Rights and Copyright Protection
This section is paramount for the protection of all original photographic and cinematographic works (the "RBP Content") displayed on this Website, which are protected under the Indian Copyright Act, 1957.
A. Ownership of RBP Content
All visual content (photographs, cinematography, logos), written material, and design displayed on the Website are the exclusive intellectual property of Ranjan Bhattacharya/RBP. As the author, RBP retains all proprietary rights, title, and interest in this content.
B. Permitted Use (Limited Personal License)
You are granted a limited, revocable, non-exclusive license to use the RBP Content strictly for personal, non-commercial, transient viewing only. This means you may view and temporarily download or print content for your personal reference, provided you do not remove any copyright, watermark, or proprietary notices.
C. Explicitly Prohibited Uses (Copyright Infringement)
Any action falling outside the scope of the limited personal license is strictly prohibited and constitutes an immediate violation of these Terms and Indian Copyright Law. Prohibited uses include:
- Commercial Use: Utilizing any RBP Content (photos, videos, or text) for commercial gain, resale, licensing, advertising, or creating derivative commercial products without express prior written permission from RBP.
- Modification: Cropping, resizing, editing, altering, or digitally manipulating any photograph or image on the Website.
- Mass Redistribution: Transferring, republishing, or "mirroring" the RBP Content on any other server, personal website, digital platform, or social media page (beyond simple sharing features provided by the platform).
- Bypassing Protection: Attempting to remove, obscure, or alter watermarks, metadata, or copyright marks.
Violation of these restrictions automatically terminates your license and may result in the pursuit of legal remedies, including injunctions and statutory damages, under the Copyright Act, 1957.
User Generated Content (UGC) and Website Conduct
This Website includes blog pages (e.g., /blog/our-blog-1, /blog/news-2) where Users may submit comments, feedback, or other material ("User-Generated Content" or UGC).
A. User Warranties on Submissions
By submitting any UGC (including comments or reviews), you affirm and warrant that:
- The content is original, lawful, and does not infringe upon any third party’s intellectual property, privacy, or moral rights.
- You grant RBP a worldwide, non-exclusive, perpetual, royalty-free license to use, reproduce, modify, and display the UGC in connection with the Website and RBP’s business operations.
B. Prohibited Content and Content Moderation
To maintain legal compliance and a safe platform environment, the following types of content are strictly prohibited :
- Content that is defamatory, harassing, hateful, or abusive.
- Pornography, graphic violence, or content that promotes self-harm or illegal acts.
- Content that infringes on copyright or trademarks of others.
RBP’s Right to Remove Content: As an Intermediary under the Information Technology Act, 2000, RBP reserves the absolute right to monitor, screen, remove, or refuse any UGC immediately, without prior notice or liability, especially if the content violates these Terms or is reported as unlawful.
C. Indemnification for UGC
You agree to fully indemnify and hold harmless RBP against all claims, demands, damages, and actions brought against RBP that arise from or relate to the User-Generated Content you submit. This ensures you bear the responsibility for any legal fallout from your own submissions.
Disclaimer of Warranties and Limitation of Liability
These clauses limit RBP’s legal and financial responsibility to the User.
A. Disclaimer of Warranties ("As Is" Basis)
The Website and all RBP Content, materials, and services are provided strictly on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. RBP specifically disclaims all implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
RBP makes no representation or warranty regarding the accuracy, reliability, or completeness of the content provided, particularly any advice or opinion expressed in the blog.
B. Photography Disclaimer
RBP explicitly disclaims responsibility for the final outcome of any photographic services that are significantly affected by factors outside the Operator's control, including, but not limited to, sudden changes in weather, venue lighting conditions, limited access, or interference from the public/venue restrictions.
C. Limitation of Liability
In no event shall RBP be liable for any direct, indirect, incidental, special, punitive, or consequential damages (including, without limitation, damages for loss of revenue, data, or goodwill) arising out of the use or inability to use the Website or Services. RBP’s liability, in all events, shall be limited to the amount paid by you, if any, for the services giving rise to the claim, or INR 1000 (whichever is less).
Termination and Governing Law
A. Termination
RBP reserves the right to suspend or terminate your access to the Website and Services immediately, without prior notice or liability, for any breach of these Terms, particularly infringement of RBP Content or violation of Prohibited Conduct rules. Upon termination, you must immediately destroy any downloaded RBP Content in your possession.
B. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed exclusively in accordance with the laws of India. You agree that the courts located within
Kolkata, West Bengal, India, shall have exclusive jurisdiction over any dispute, claim, or matter arising from these Terms, to the exclusion of all other courts.
Linking to Other Policies
These Terms must be read in conjunction with our other legal documents:
Privacy Policy: Details how we collect, use, and protect your personal data, and outlines your rights under the DPDP Act 2023.
Cookie Policy: Details the types of cookies used, their purpose, and how you can manage them.