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terms & conditions

1. General terms and conditions for website use

1.1 This document constitutes an agreement between you, the User and Greatstock Photographic Library ("GS") which conducts the business of licensing of photographic images, cinematographic images and other artistic images and works, illustrations and art ("the Images") in analogue or digital format, for use in print or electronic media. GS, its licensors, suppliers and affiliates have substantial exclusive intellectual property rights in these Images, including without limitation trade mark and copyrights ("the Proprietary Works"), none of which are diluted, assigned or otherwise transferred by the terms and conditions of this agreement.

1.2 The following terms and conditions govern all uses of the Website and its Content: ("Content" includes the Proprietary Works and the Images as well as all technical and creative design)

1.3 By accessing, registering on, and/or using the Website, you agree to all of the terms of this agreement. If you do not agree to any of the terms of this agreement, then you may not access, use, copy from, transmit through or to or distribute via the Website.

1.4 This agreement is the whole agreement between you and GS in respect of the access to and use of the Website and the Content and accordingly you must carefully read the following terms and conditions before using the Website.

1.5 GS reserves the right from time to time to add to, detract from, and generally amend the terms and conditions of this agreement. Any altered terms and conditions of this agreement will become effective upon the altered agreement being posted to the Website. As such, you are advised to refer to the terms and conditions of this agreement each time you access and use the Website.

1.6 GS reserves the right to revoke all rights in this agreement without notice, at any time, and for any or no reason whatsoever. All rights of any kind in the Website which are not expressly granted in this agreement are entirely and exclusively reserved to and by GS. Subject to the further terms of this agreement, you may not commercially exploit, rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Website and/or the Content.

1.7 All copyright subsisting in the Content and the compilation thereof, is owned either by GS or any of its licensors, suppliers and affiliates and is protected by South African and International copyright laws. All rights in and to the Content is expressly reserved and retained by GS or its licensors, suppliers and affiliates, as the case may be.

1.8 Except as expressly provided in this agreement, you are not granted a license or any other right to use or exploit in any way the Proprietary Works and/or the Content. You agree and acknowledge that any derivative works made of the Proprietary Works and/or the Content by you are the property of GS or its licensors, suppliers and affiliates, as the case may be, and no assignment or transfer or general right of use therein is acquired by you unless agreed to between yourself and GS and reduced to writing.

1.9 All Content downloaded or otherwise copied from this Website may only be stored and/or presented, regardless of format, in conjunction with all copyright, trade mark or other proprietary notices used in conjunction with the Content on the Website.

1.10 Subject to the terms and conditions below, you are provided a limited personal non-exclusive non-transferable revocable non-commercial license to access and use the Website and the Content. Under no circumstances are you entitled to sub-license access to and/or use of the Website. The general terms and conditions of use of the Website and Content as contained in this paragraph are to be read in conjunction with the Terms governing supply of Materials (as defined below), Royalty Free License Terms and Rights Managed License Terms. In the event of a conflict between the general terms and conditions of use in this paragraph and any of the aforegoing specific terms of use, the specific Terms governing the supply of Materials, Royalty Free License Terms or the Rights Managed License Terms, as the case may be, shall prevail.

1.11 The term of this agreement is indefinite, subject to GS's right to terminate this agreement within its sole and unfettered discretion, without cause, reason, and without penalty, at any stage, without notice, and whether in respect of only one or more users.

1.12 If you use the Website and/or the Content contrary to the terms and conditions of this agreement, then this agreement will automatically terminate, upon which you may not access, use, copy, transmit, distribute, or communicate at or via the Website or the Content.

1.13 You may not make access to the Website available to others in connection with a service provider, application service provider or similar business, or commercially exploit or use the Website in respect of internet access or design services to third parties.

1.14 You are specifically prohibited, without the prior written permission of GS, from charging for, or requesting donations in connection with the use of the Website; making commercial use of the Website; altering or modifying the Website; or assisting or giving any third party the permission to do any of the acts outlined in this clause.

1.15 You may not use hacker or cracker technologies or applications to test or penetrate the Website, Content protected by Content Management Systems, data or data bases in or on the Website, secure service systems or any other form of secured information, or to monitor or intercept private or personal communications. You may not remove security features such as (but not limited to) watermarks and other embedded digital tracking devices.

1.16 You may not frame nor use framing technologies to enclose and/or incorporate the Website or the Content nor any part thereof within another website or any other electronic information presentation medium without the express written consent of GS.

1.17 No Warranty, Limitation of Liability
By your use of the Website, you assume the entire risk in access to and use of the Website. This Website, and all accompanying files, data and materials, are provided "as is" and contains or includes no warranties of any kind, whether express or implied. GS does not make any representations, endorsements or warranties, express or implied, concerning the availability, currency, accuracy or completeness of the Website or the Content or the reliability of any advice, opinions, statements or other information displayed or made available through the Website, nor any representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose.

In particular, GS makes no warranty in respect of malicious code. You acknowledge and accept your responsibility to provide adequate anti-virus software. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. GS also makes no warranty in respect of secure communications. This Website is accessible via the internet, and any communications transmitted via application programs on the internet are susceptible to monitoring and interception. You are urged to exercise restraint and caution in all communications, to ensure that all communications are conducted only during secure service sessions, to avoid any communication or interaction with unknown persons, and to avoid providing any confidential, sensitive or personally-identifying information to any unknown third party.

This limitation of warranty constitutes an essential part of this agreement. In no event shall GS, its principals, licensors, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations, be liable for any direct or indirect, special or consequential, or other damages whatsoever (including, without limitation, injury to person or personality, lost profits, lost or damaged data or databases, business interruption, loss of information, programs or other data) relating to the use of the Website or the Content. In addition, in no event does GS authorise you to use the Website in applications or systems where the Website's failure to perform can reasonably be expected to result in a patrimonial loss, mental or physical injury, or in danger to or loss of life. Any such use is entirely at your own risk, and you agree to hold GS harmless from any claims or losses relating to such unauthorised use.

1.18 Privacy
GS respects your right to privacy. We may, however, require certain information about you in order to provide the services we offer. This information may include, without being limited to: your name; e-mail address; and telephone number, all of which will be asked of you when you register on the Website. The required fields are indicated and you are under no obligation to provide any additional information.

By providing us with this information, you consent to GS using this information as outlined in this agreement, which should be read and interpreted in conjunction with the terms and conditions applicable to the use of any Image. GS will be entitled to share this information with such of its affiliates as may be required to provide the services offered. We agree, however, that we will not divulge any of this information to other parties who have no right or reason to receive it.

You may elect not to provide any information, but this will severely hamper the functionality of this Website. We may place links on this Website to enable you to link to other sites. This does not imply an endorsement of these sites in any way. GS does not accept any responsibility for privacy issues on other websites as they do not fall within our control.

GS reserves the right to disclose your information if so required by law, or should we believe that doing so is reasonably necessary to respond to claims, to protect the rights of our licensors or suppliers, the company, or public in general.

GS will request from you upon registration whether you want to receive upcoming news and promotional material from us. Your decision simply requires you to check the appropriate box. You are free to change your mind about this (or give us revised details) at any time in the future, by contacting enquiries@greatstock.co.za

1.19 Governing Law
This agreement, as well as the terms and conditions applicable to the use of the images, shall be interpreted, construed and governed by the laws of the Republic of South Africa and all disputes arising out of or relating thereto shall be adjudicated by a South African court with competent jurisdiction. By accessing the Website, you agree to submit yourself to the exclusive jurisdiction of any South African court with competent jurisdiction.

2. TERMS FOR MATERIALS

2.1 The specific terms and conditions upon which you may use all analogue or digital media or connections containing and/or delivering the Images and related products ("the Materials") are set out below. These terms and conditions are to be read in conjunction with the general conditions of use of the Website contained in paragraph 2. In the event of any conflict between the specific conditions of use of the Materials with the general conditions of use of the Website, the terms and conditions governing the use of the Materials shall prevail. (Since analogue materials have largely been superceded, these terms do not cover analogue materials. You will be advised of terms relating to analogue materials in the event that GS provides you with analogue materials)

2.2 The terms and conditions below shall apply to all Digital Materials (all information and imagery received via digital media whether from the Website or howsoever delivered or made available by GS).

2.3 Model Release: No model release or other releases exist for any Image unless the existence of such release is specified in writing by GS. In the event that GS erroneously advises you that an Image is released when it is not, the limit of GS's liability shall be no more than the amount that you paid GS for the Image.

2. 4 Digital Materials
2.4.1 Use of Images: You may download a digital Image from the Website or other low-resolution digital media without charge. GS may also provide you with access to high-resolution unwatermarked images for layout and approval purposes only. Whatever the case, these Images may only be used for layout and approval purposes. In the event that you inform GS that you wish to license the use of any digital Images, such Images may not be used or reproduced in any way until GS issues an invoice granting you the right to use the Images for the use specified on the invoice and for no other purpose. Unauthorised use or release of the Images constitutes copyright infringement and is a violation of South African and International Copyright Laws.

For Motion content (“footage”) your rights as Applicant Licensee in and to the Content will always be non-exclusive, and your use thereof is authorised only as a specified version of the named production, medium of dissemination, territory of use and license period as specified in the License Agreement. Any re-edit or re-versioning of a production, whether under the same title or otherwise will constitute a separate use, and as such shall attract an additional licensing fee, failing which it shall be considered an unauthorised use/copyright infringement. Your invoice will constitute the License Agreement provided that you have fully discharged your payment and other obligations as per this agreement

Technical fees including for laboratory and other outside facilities, including tape stock, drives, dubs, conversions, shipping or FTP charges are quoted separately, and payment is strictly COD, unless otherwise agreed in writing.

2.4.2 Model Releases/Clearances: No model, personality, property or other releases exist for any Image unless the existence of such release is specified in writing by GS. In the event that GS erroneously advised you that an Image is released when it is not, the limit of GS's liability shall be no more than the amount that you paid GS for the Image.

2.4.3 Return of Images: In the event that you have downloaded Images in digital format from the Website or from any other means enabled by GS, you shall be obliged to destroy and/or erase all Images and copies thereof, in any form whatsoever, in your possession or under your control within 14 (fourteen) days from the date that the Images were first downloaded or received, unless a licence is subsequently granted to you to use a particular Image, in which case you shall only be obliged to destroy and/or erase the Image upon completion of the project in respect of which the Image is to be used. You shall confirm in writing that all Images and copies thereof have been so destroyed and/or erased if so requested by GS.

2.4.4 Loss or Damage: In the event of loss or damage to any digital Image, irrespective of the cause thereof, you shall be obliged at your own cost and expense to replace such lost or damaged Image. GS shall however use its best endeavours to replace corrupt or deficient Image files they may have supplied you.

2.4.5 Licence Availability and Limitation of Liability: As soon as possible after downloading of the digital Images, you should inform GS as to the Images that you wish to licence so that GS can verify that the Images are available for reproduction for your intended use. Please understand that despite GS's best efforts, errors sometimes occur with respect to licensed rights that may be available with respect to a particular Image caused by, among other things, illegal, unreported, or unrecorded sales history. IF THIS SHOULD HAPPEN, AND GS IS AT FAULT FOR THE ERROR GS's LIABILITY WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID GS FOR THE IMAGE USAGE. Once you have notified GS that you wish to licence the use of a digital Image, GS shall deliver the Image to be licensed in digital format to you and upon receipt of your Request. GS will use its best endeavours to accommodate requests but cannot warrant that an Image will be available in the format of choice. All use of the Images so provided shall occur in accordance with either the Rights Managed Licence or the Royalty Free Licence set out below.

3. RIGHTS MANAGED LICENSE TERMS

3.1 The terms and conditions under this heading shall apply in the event that you enter into a Rights Managed Licence with GS. These terms and conditions are to be read in conjunction with the other terms and conditions contained in this agreement. In the event of a conflict or contradiction between the terms of the Rights Managed Licence and the remaining terms and conditions the provisions of this paragraph shall prevail.

3.2 These terms and conditions apply to any Analogue Materials or any Digital Materials which may be provided to you by GS or which may be downloaded from the Website or other means provided by GS pursuant to a Rights Managed Licence. Such licence will be granted to you only once GS issues an invoice granting you the right to use the Materials and Images for the uses specified on the invoice. Such use will be subject to the terms and conditions set out below.

3.3 Limited Use of Rights: Unless otherwise specifically stated, all Images, whether contained in digital or analogue materials, are copyrighted and remain the property of GS, its licensors, affiliates and suppliers or the particular photographer. Upon payment of the invoice submitted by GS a licence is granted to you to use the Images indicated only for the use specified on the invoice and for no other purpose, unless such Images are purchased outright. The licence is only effective and the rights granted may only be exercised after you have paid the invoice in full, provided that all usages have been accurately declared. Such use is granted for the Territory/ies specified on the invoice. ALL LICENSES ARE NON-EXCLUSIVE UNLESS THE INVOICE STATES OTHERWISE. All Images are copyrighted and are protected by the intellectual property laws of South Africa as well as international intellectual property laws. You do not acquire any right, title or interest in or to any of the Images, including, without limitation, any electronic reproduction other than as specified herein. All rights not specifically granted on the invoice are reserved for GS's use and future disposition without any limitation whatsoever. Any additional rights, time period, other uses of the materials are to be arranged with, and must be granted by, GS in writing. GS makes no representations as to the future availability of any additional rights which may be required.

3.4 Credit Line:
4.4.1 Photographic Images: For editorial use, a credit line in the form “©Photographer name/ Collection name/ Greatstock” in type no smaller than that of related text must appear adjacent to or within the Image, or the fee will be doubled. You acknowledge that such a double fee is fair and reasonable for the loss of recognition and lack of copyright protection resulting from the failure to give a proper copyright notice or credit line.

3.4.2 Motion: GS reserves the right to insist on an on-screen credit on any production other than commercials. The format of such credit will be agreed on by the Parties on a case by case basis.

3.5 Responsibility For Use/No Improper Use: You agree not to use the Images in any defamatory, libelous, or pornographic context or contrary to ethical business practices whether by physical changes to any Image or by any accompanying text or otherwise. You may also not use any of the Images for any unlawful purpose, in media containing sexually explicit scenes of any kind or in any other sensitive context, including without being limited to context relating to criminal activity, substance abuse, mental condition, religious, political or racial bias and HIV/Aids, nor for uses which, in the sole discretion of GS, may result in a negative or unfavourable connotation to any person, place or product, including without derogating from the generality of the aforegoing, use to defame any person, to violate any right of privacy or which would infringe any copyright, trade mark or any other intellectual property rights. You shall not use any Image depicting a person accompanied by a fictitious name, or use Images for purposes of endorsement, without GS's prior written consent.

3.6 Indemnity: You hereby indemnify and hold GS, its licensors, affiliates and suppliers and the photographer harmless against any and all liabilities, claims, and expenses, including but not limited to reasonable attorney's fees, indirect and consequential damages and loss of profit, arising from your use of any Image or Material. The above indemnity is also effective in the event that any deficiencies in Materials supplied are encountered during reproduction and printing stages.

3.7 Payment: In the absence of an approved credit arrangement, terms are strictly C.O.D. Where a credit arrangement exists, invoices are payable upon 30 (thirty) days of receipt. A finance charge of 2% (two percentum) per month will be applied on all unpaid balances.

3.8 Cancellation Rights and Fees for Images: All licence rights with respect to Images will be set forth in GS's invoice. There will be no usage charge if you cancel the usage rights granted by an invoice within 14 (fourteen) days of the date of the invoice. If the cancellation notice is received more than 14 (fourteen) days after the date of the invoice, but less than 30 (thirty) days after the date of the invoice, a fee equal to 50% (fifty percentum) of the amount of the invoice will be charged. AFTER 30 (THIRTY) DAYS, NO CANCELLATIONS WILL BE ACCEPTED AND THE FULL AMOUNT OF THE INVOICE MUST BE PAID.

3.8.1 Non-Use fees (“Kill Fees”) for motion Final Material ordered but not used in the final edited production will be charged at the same rate as final material used by you the Licensee. Any discounting of such non-use fees will be at the sole discretion of GS, and will only be applicable to video-ready elements, and must be declared in writing to GS by Applicant Licensee within no more than 21 days from the date of receipt of such content.

3.9 Default: In the event of non-payment or other breach of this agreement by you, you shall pay all of GS's costs and expenses incurred in connection with enforcement of the terms of this agreement, including GS's reasonable attorney's fee on the attorney and own client's scale. NO LICENSE IS VALID UNLESS FULLY PAID FOR.

3.10 Unauthorised Use: Any usage without a valid licence agreement constitutes unauthorised use. In the event that you utilise an Image or Materials for any use other than that indicated on the invoice, including but not limited to the number of uses, or the publication utilised, GS agrees to forego its right to sue for copyright infringement only if you pay, as liquidated damages, a sum equal to three times the normal price GS would have charged For Each unauthorised use within 10 (ten) days of receipt of invoice for such fees. Should you fail to timeously make such payment, this liquidated damage provision shall be void and GS shall have the right to sue for copyright infringement and breach of contract. Your failure to reject this, or any other provision of this invoice in writing within 5 (five) days of receipt thereof shall be taken to mean that you accept these terms.

3.10.1 You agree to return to GS all motion content not physically incorporated in the final production at your own cost, or alternatively remove all Content from hard drives or similar devices within 21 days of completion of your production, or date of first broadcast or exhibition, whichever is the earlier. You shall provide a written undertaking to verify that you have deleted all GS content if requested to do so.

3.11 Governing Law: It is agreed that all disputes arising out of or in connection with this agreement shall be determined in accordance with the laws of South Africa and you hereby submit yourself to the exclusive jurisdiction of a South African court with competent jurisdiction.

3.12 For motion content or related services obtained from sources which have quoted fees in currencies other than in South African Rands (ZAR) – any discrepancies resulting from fluctuations in exchange rates calculated on date of payment shall be for applicant licensee’s account, or subject to credit by GS as the case may be.

3.13 Renewals of licenses or extended rights required for previously-licensed Motion content may be available but are not guaranteed. Upon request, and if available, these extended rights will be quoted, and will be confirmed by a revised License Agreement upon receipt of required payment.

3.14 Research and Rights clearances (for Images and/or Motion) will be estimated as per your brief, but GS makes no warranties as to the success or otherwise of these services, nor the cost thereof, unless these are specifically confirmed in writing. GS reserves the right to levy additional charges in the event that a brief is changed or modified during the processes involved. Any additional release required for any individuals, underlying rights or property inherent in the Content or permissions from respective associations, guilds, unions or authorised representatives – if required – must be obtained by Applicant Licensee at own expense and risk.

3.15 Except as may be otherwise expressly stated in these Terms & Conditions, GS, on behalf of itself, its licensees or affiliates makes no warranty, expressed, implied or statutory regarding any Content, its online systems, or any rights or licenses under this agreement including without limitation any implied warranties of merchantability or fitness for a particular purpose

4. ROYALTY FREE LICENSE TERMS

4.1 The terms and conditions under this heading shall apply in the event that you enter into a Royalty Free License with GS. These terms and conditions are to be read in conjunction with the other terms and conditions contained in this agreement and included in the product. In the event of a conflict or contradiction between the terms of the Royalty Free License and the remaining terms and conditions, the provisions of this paragraph shall prevail.

4.2 These terms and conditions apply to any Materials and Images which may be provided by GS or any Digital Materials which may be downloaded from the Website ("the royalty free Images") or any Image CD-ROM ("the CD") which may be provided by GS pursuant to the Royalty Free License.

4.3 For any Image or Motion Content that GS has been identified as a Royalty Free, GS grants you a non-exclusive, non-transferable right to use such Royalty Free Images as broadly defined below. PLEASE NOTE THAT EACH PRODUCER OF ROYALTY FREE IMAGES MAY HAVE ITS OWN TERMS AND CONDITIONS WHICH APPLY TO THAT PARTICULAR COLLECTION. In the event of a conflict between these terms and GS's terms, the Producers terms and conditions will prevail:

Royalty Free Image collections:

aFRIKA Collection
aFRIKA Collection
Blend Images
Corbis Royalty Free
Design Pics
Foodcollection
Image Source
India Picture
Medical RF
Radius Images
Score (see GS T & C’s)
Sofood

Royalty Free Motion Collections:
Rubber Ball
Reeldeal HD
Greenscreen
Omnimovi (RF)
Image Source
Blend RF

4.4 Your right to use the CD and any of the Royalty Free Images is conditional upon your paying such fee as may be stipulated by GS prior to such use.

4.5 You shall only be entitled to use the Royalty Free Images and/or the CD for the purposes outlined in this paragraph. Without limitation to the aforegoing, it is specifically recorded and agreed that you shall not be entitled to:

4.5.1 loan, rent, sell, sub-license, lease or otherwise transfer the right to use the CD or any of the royalty free Images to any other person or entity, except to the extent that such royalty free Image has been incorporated into printed materials, on-line and broadcast video or off-line digital media;

4.5.2 use any royalty free Image in any defamatory, libelous, or pornographic context or contrary to ethical business practices either by physical changes to the royalty free Image or CD or by any accompanying text. You may also not use the royalty free Images or CD for any unlawful purpose, in media containing sexual explicit scenes of any kind or in any other sensitive context, including without being limited to context relating to criminal activity, substance abuse, mental condition, religious, political or racial bias and HIV/Aids, nor for uses which, in the sole discretion of GS, may result in a negative or unfavourable connotation to any person, place or product, including without derogating from the generality of the aforegoing, use to defame any person, to violate any right or privacy or which would infringe upon copyright, a trade mark or any other intellectual property rights. You shall not use any royalty free Image depicting a person accompanied by a fictitious name, or use such Images for purposes of endorsement, without GS's prior written consent;

4.5.3 place on a network or otherwise share Royalty Free Images or Materials in contravention of the terms of the license agreement which pertains to the Producer/Copyright holder of that Image or CD collection.

4.6 Indemnity: You hereby indemnify and hold GS, its licensors, affiliates and suppliers and the photographer harmless against any and all liabilities, claims and expenses, including but not limited to reasonable attorney's fees, indirect or consequential damages and loss or profit, arising from your use of any royalty free Image and/or the CD. The above indemnity is also effective in the event that any deficiencies in any royalty free Images and/or CD supplied are encountered during reproduction and printing stages. Images and/or CD's found to be defective may be returned in exchange for the same Image or CD title within 14 days of delivery, subject to GS's reasonable discretion.

4.7 Default: In the event of non-payment or other breach of this agreement by you, you agree to pay all of GS's costs and expenses incurred in connection with enforcement of the terms of this agreement, including GS's reasonable attorney's fees on the attorney and own client's scale.

4.8 Governing Law: You agree that all disputes arising out of or in connection with this agreement shall be determined in accordance with the laws of South Africa and to submit yourself to the exclusive jurisdiction of a South African court with competent jurisdiction.

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