Terms of service
WEBSITE TERMS AND CONDITIONS
Credit
This document was created using a Contractology template available at http://www.freenetlaw.com.
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our Forever Yours Photography’s use of cookies in accordance with the terms of Forever Yours Photography’s privacy policy.
License to use website
Unless otherwise stated, School photographers and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:
• republish material from this website (including republication on another website);
• print pages or other content without SCHOOL PHOTOGRAPHERS (PTY) LTD express written consent
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Forever Yours Photography’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without SCHOOL PHOTOGRAPHERS (PTY) LTD express written consent.
Restricted access
If the SCHOOL PHOTOGRAPHERS (PTY) LTD provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant SCHOOL PHOTOGRAPHERS (PTY) LTD a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to School photographers the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or School photographers or a third party (in each case under any applicable law).You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. School photographers reserves the right to edit or remove any material submitted to this website, or stored on the School Photographers, or hosted or published upon this website. Notwithstanding the School Photographers rights under these terms and conditions in relation to user content, the School Photographers does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. School photographers makes no representations of warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, SCHOOL PHOTOGRAPHERS (PTY) LTD does not warrant that:
• this website will be constantly available, or available at all; or
• the information on this website will be constantly available, or available at all.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
SCHOOL PHOTOGRAPHERS (PTY) LTD will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if School photographers has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SCHOOL PHOTOGRAPHERS (PTY) LTD liability in respect of any:
• death or personal injury caused by Forever Yours Photography’s negligence;
• fraud or fraudulent misrepresentation on the part of SCHOOL PHOTOGRAPHERS (PTY) LTD or
• matter which it would be illegal or unlawful for SCHOOL PHOTOGRAPHERS (PTY) LTD to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable .If you do not think they are reasonable, you must not use this website.
Other parties
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the SCHOOL PHOTOGRAPHERS (PTY) LTD officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the School Photographers.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify SCHOOL PHOTOGRAPHERS (PTY) LTD and undertake to keep SCHOOL PHOTOGRAPHERS (PTY) LTD indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SCHOOL PHOTOGRAPHERS (PTY) LTD to a third party in settlement of a claim or dispute on the advice of Forever Yours Photography’s legal advisers) incurred or suffered by SCHOOL PHOTOGRAPHERS (PTY) LTD arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to the SCHOOL PHOTOGRAPHERS (PTY) LTD other rights under these terms and conditions, if you breach these terms and conditions in any way, SCHOOL PHOTOGRAPHERS (PTY) LTD may take such action as SCHOOL PHOTOGRAPHERS (PTY) LTD deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
SCHOOL PHOTOGRAPHERS (PTY) LTD may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
SCHOOL PHOTOGRAPHERS (PTY) LTD may transfer, sub-contract or otherwise deal with SCHOOL PHOTOGRAPHERS (PTY) LTD rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and SCHOOL PHOTOGRAPHERS (PTY) LTD in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
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Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Australian Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Australia.
Registrations and authorisations
School photographers is registered with CIPC . 2019 / 217896 / 07
Applicable Law:
This agreement shall be governed by the laws of the Republic of South Africa
Prices & Terms:
All prices shown within the Photographer’s price list are subject to change without prior notice.
The Photographer reserves the right to amend these Terms and Conditions without prior notice.
Copyright:
In accordance with South Africa’s Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. The school photographers retain all copyright benefit for all images created by himself forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the Photographer and agrees that all photographic reprints, digital duplications or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.
Example #1: You send a magazine an image created by the Photographer, SCHOOL PHOTOGRAPHERS (PTY) LTD, the magazine pays you for the image.
Example #2: You send an image created by a Photographer from SCHOOL PHOTOGRAPHERS (PTY) LTD to a commercial website for sale to the public or for other financial gains. SCHOOL PHOTOGRAPHERS (PTY) LTD 100% + liquidated damages of any and all income derived from the use of that image.
If the Client wishes to own the copyright of images created by the Photographer, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is for a simple copyright statement be placed near or on the image, and notification of use is communicated to SCHOOL PHOTOGRAPHERS (PTY) LTD. Non-commercial uses include personal web pages and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered commercial or financially beneficial to the user.
The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Photographic Integrity and Alterations:
Client will not make or permit any alterations, including, but not limited to, additions, subtractions, or adaptations, with respect of the Image(s), alone or with any other material, without the prior express permission of Photographer. Normal reproduction adjustments for colour, contrast, brightness, sharpness, and cropping, are permitted.
Any alteration or modification of the Image(s) will not constitute a work of joint authorship.