Effective Date: 2^nd August 2025

This Agreement is entered into by and between

1. Photonests.com, owned and operated by Dream Designerz, having its registered office at 483, Sector 2, Panchkula – 134112, Haryana, India (hereinafter referred to as the “Platform”, “We”, or “Us”).

2. The Artist/Photographer/Contributor, whose details are provided at the time of registration on our website (hereinafter referred to as the “Artist” or “You”).

By clicking "I Agree" and using Photonests.com (“Platform”), you (“Artist”) agree to the following terms:

1. Purpose

This Agreement governs the relationship between the Artist and the Platform regarding the uploading, display, promotion, and sale of photographs through the Platform.

2. Contributor/Artist’s Eligibility

• Must be 18 years or older, if a minor (below 18) then must have parental/guardian consent.
• Must own or have legal rights to the photographs submitted.
• Must provide accurate personal and payment information

3. Artist’s Representations and Warranties

The Artist represents and warrants that:

a. The Artist is the sole owner and creator of the photographs uploaded to the Platform, and holds all copyright and related rights to the photographs.

b. The photographs do not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

c. The photographs do not contain any obscene, defamatory, or unlawful content in accordance with Indian laws.

d. All persons identifiable in the photographs have given written consent for their image to be used commercially.

4. Grant of License

The Artist grants the Platform a non-exclusive, worldwide, royalty-free license to:

• Display the photographs on the Platform.
• Promote the photographs via social media, advertisements, and other marketing channels.
• Sell or license the photographs to buyers as per the Artist’s set price or agreed price.

Note: This license is limited to the term the photograph is listed on the Platform and ends upon removal by the Artist, except for the sales already made.

5. Pricing and Payments

a. The Artist may suggest a selling price for each photograph; however, the final price may be subject to mutual agreement.
b. Payments to the Artist will be made within 30 days after the completion of sale, after deducting the Platform’s commission (as per current commission structure)  and the shipping charges (if outside India).
c. Payments will be made via bank transfer/UPI to the account details provided by the Artist.

d. Photonests reserves the right to withhold payments in case of disputes, fraud, or breach of this Agreement.

6. Copyright Ownership

The Artist retains full copyright of the photographs. The Platform does not claim ownership, only the license to use for the purposes mentioned in Clause 3.

7. Liability & Indemnity

a. The Artist shall indemnify and hold harmless the Platform, its owners, employees, and affiliates from any claims, damages, or expenses arising out of:

• Copyright infringement claims.
• Violation of any law or third-party rights as per governed by and construed in accordance with the Indian laws.
  
  

b. The Platform will not be liable for any loss of data, unauthorized use of the photographs by third parties, or indirect damages.

8. Content Removal

The Artist may remove their photographs from the Platform at any time by request through their account or by contacting support. However, removal will not affect completed sales.

9. Termination

·       Either party may terminate this Agreement with 15 days written notice. The Platform may terminate immediately in case of breach of terms by the Artist.

• Photonests may remove content or terminate Contributor’s account for violation of this Agreement or applicable laws.
• Upon termination, Photonests will cease selling the Contributor’s content but may retain archival copies for legal or operational purposes.

10. Notices

All notices shall be sent via email to the Contributor’s registered email address and to Photonests at your business email.

11. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the Indian laws. In case of any disputes between the parties to this agreement, any competent court at Panchkula, in the state of Haryana, shall have jurisdiction to try and entertain any case arising out of the dispute between the parties to this agreement.

12. Entire Agreement

This Agreement constitutes the entire understanding between the Artist and the Platform and supersedes any prior agreements, oral or written.

If you do not agree to these terms, please do not upload photographs on this Platform.