Photography-online Terms and Conditions of Use
by photography-online.co.za managing team
Note from the Editors
Photography-online.co.za was created to enable photographers to an online community where they can share their interest in photography and learn from others. The goal of this community is that after someone registered as members and posts their photos, they can say, “I got some good input on my photos and I have been able to better myself as photographer.” Comments posted to the site should be either in the form of questions or responsive answers; otherwise they are not useful and to that extend from time to time site submissions may be deleted, edited, moved, or otherwise changed in order to maintain the direction and tone that has been established for the site.
We encourage the sharing of ideas and opinions on the topic of photography, but photography-online.co.za is not an “any comment goes” website. Members come from all locations and backgrounds, and have diverse thoughts, beliefs, and feelings. Keep this in mind when you participate in the community, and please treat others members with respect. We don’t want to kick you out of the community base, but if you do any of these discriminating things, we will have to.
We respect our members’ intellectual property, and we claim no copyright to anything posted on the site by our members. However, as a stipulation of using photography-online.co.za, we retain the right to keep and display anything posted by members on photography-online.co.za as part of the site indefinitely. If you are not prepared to accept this, please do not upload or contribute anything to photography-online.co.za.
-Cilliers van Zyl and Jimmy Gorman, photography-online.co.za Editors in charge
We may revise, modify or change the Terms at any time at our sole discretion with or without notice. Your continued use of the Site after we post changes to the Terms constitutes acceptance of the Terms as modified. It is your responsibility to regularly review the Terms.
2.Members Content; Public Posting, Galleries etc.
Photography-online.co.za includes information, images, photos, commentary, content, opinions and material that our members upload (“Members Content”). You agree to upload and post only Members Content that you have created yourself. Photography-online.co.za does not take responsibility for the accuracy, usefulness, safety, or intellectual property rights of or relating to Members Content. We don’t test or verify any Members Content on the Site. While we do not knowingly accept Members Content that violates another’s rights, we are not responsible if that happens.
You are responsible for your own Members Content, whether posted in the chat rooms, forums, photo galleries or other public posting areas on the Site. You agree to conform to Site polices and guidelines concerning the size, length, format, subject, content, and relevancy of Members Content. Submitting Members Content that violates our rules or any applicable local, national or international laws or regulations is not acceptable, and may subject you to sanctions, including termination of your member rights.
Uploading of nude images are strictly forbidden. Members Content may include nude photos (if we do not delete the image in time) or other images or material that an individual might find offensive, indecent and/or objectionable. We will determine, in our sole discretion, whether Members Content containing nudity is acceptable. Our decision is final even if an individual member disagrees with our judgment. We reserve the right (but assume no obligation) to edit, redact or delete Members Content that we consider unacceptable or inappropriate, or for any other reasons, which we need not disclose, at our discretion and convenience. When removing images that are contained in Members Content, we may remove only the images to which we object, all the images in a folder, or all the images in the Member’s portfolio, at our convenience and discretion.
Members Content may be, and often is, edited. Our editors and moderators, strive to highlight Members Content that we determine to be most interesting or useful to our member community. We reserve the right to edit, redact or delete any Members Content that you upload to the Site, at our sole discretion. Photography-online.co.za might also contain material from experts, organizations and advertisers (“Third Party Content”). Photography-online.co.za is not responsible for the accuracy, reliability or usefulness of Third Party Content.
3.Intellectual Property and legal Rights
Photography-online.co.za owns all rights to the Site, its services, the technology, information, documents, files, webpages and other product developed in connection with the Site or available on the Site. Submitting Members Content to any area of the Site does NOT transfer ownership rights. Members retain the ownership rights to your Members Content. By submitting Members Content, however, you give certain limited rights to both photography-online.co.za and other photography-online.co.za members.
Although we have designed the website to disable any download of images, if this happens for whatsoever reason, you still grant to photography-online.co.za members permission to download a copy of images contained in your Members Content, to make such alterations and mark-ups for the purpose of commentary as they see fit, and to attach the modified images to their comments on your Members Content. You also grant other Site members the right to quote your Members Content in their own postings on the Site.
Second, you grant photography-online.co.za the right to edit, modify, quote, or reformat your Members Content on the Site. You also grant us a perpetual non-exclusive worldwide royalty-free license to use, reproduce, adapt, publicly perform and publicly display your Members Content on the Site and to promote the Site. (Members pictures will not be sold for proceeds without your written consent beforehand)
4.Conduct of Members / Members
Your right to access and use the Site is subject to the following prohibitions:
You may not use the Site to advertise your products but you may promote your photographic services. You may not solicit members to buy or sell products or services, or to make donations of any kind, without first obtaining the express written approval of photography-online.co.za. The only exception to this rule is that private parties may use the classified section to sell personal property.
You may not reproduce or distribute, or cause to be reproduced or distributed, any image or material that you retrieve from the Site, without the express prior permission of both photography-online.co.za and, in the case of copyrighted materials, the copyright owner, except for such reproduction as occurs in the ordinary course of viewing or commenting on others’ Members Content using a web browser in accordance with photography-online.co.za’s guidelines and the Terms.
You may not use the Site to violate anyone’s copyright, trademark, intellectual property rights, or privacy rights. The Members Content that you submit must be your work in its entirety.
You may not use or launch any automated system, including “robots,” “spiders,” or “offline readers,” that access the Site in a manner that sends more request messages to the our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
From time to time, you may have access to other members’ email addresses. You may not gather these email addresses for purposes of spam advertising or for any purpose other than personal communication. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes.
You may not post obscene, pornographic, degrading, harassing or humiliating Members Content on the Site. Please refer to our Community Guidelines for further explanation of what is acceptable in this regard. You may not post or transmit any false, defamatory, abusive, threatening or illegal Members Content or Members Content that infringes on the rights of others or the ability of others to enjoy the Site. We have the right to determine, in our sole discretion, whether Members Content violates these restrictions or is otherwise unfit for the Site. We have the sole right to delete, modify or edit any such Members Content that you upload to the Site.
Failure to abide by these restrictions may result in sanctions including termination of your member privileges on photography-online.co.za and cancellation of your account, as well as legal sanctions, as stated in the laws of South Africa, where applicable.
5.Member Accounts; Security and other protection
As a Member, you must create an account to access certain features of the Site. You are responsible for making sure that your account is accurate and up-to-date, particularly if you change email providers. If you forget your password and do not have access to the email account that we have on file for you, you may not be able to gain access to your photography-online.co.za account. You are also responsible for maintaining the confidentiality of your password and account. You are responsible for all activities that occur on your account, whether or not you authorize them. You acknowledge that we rely on your email address to keep you updated of certain information on the Site. If we attempt to contact you and find that your email address is inoperable, your photography-online.co.za account may be suspended at any stage. You are responsible for keeping your email address accurate and up-to-date.
We use all reasonable security measures to protect the loss, misuse and alteration of the information under our control. Although we make a good faith effort to store the non-public information collected by the Site in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally accessing the Site.
You agree to manage your account in a safe and reasonable manner. You agree to notify photography-online.co.za immediately of any unauthorised use of your password or account, or any other breach of security. You expressly agree that photography-online.co.za will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you live outside the South Africa, you understand and agree that photography-online.co.za stores and courses (where applicable) and processes your information on computers located in the South Africa, and by providing any data to photography-online.co.za, you consent to the transfer of such information to the South Africa.
6.Third Party Websites
The Site contains links to third party websites that we do not own or control, including sites that may appear within Members Content. Photography-online.co.za does not review or edit the content of any third party links, and photography-online.co.za has no control over what happens at any third party website. Photography-online.co.za assumes no responsibility for the content, policies or practices of any third party websites. You expressly agree to release photography-online.co.zaf rom any liability that arises from your use of a third party website.
7.Subscriptions and Paid Services
Certain of our services are available for a fee to subscribers. In future we might use a third party payment processor to process your financial information through a link on the Site. Our subscription program may in future be altered, revised or modified at any time, with or without notice. If we change a subscription program, we will endeavor to provide subscribers with comparable services for the duration of their subscription period.
8.Digital Millennium Copyright Act
If you believe that any content on the Site infringes upon your copyrights, including but not limited to Members Content, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work or works claimed to have been infringed,
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
9.Legal Age; Ability to Accept Terms
The photography-online.co.za website is intended for all ages. If, for whatsoever reason, a photograph containing nudity or explicit materials are uploaded, we will endeavour to delete these images. We can however not guarantee that all the images will be deleted in time and therefore we cannot take responsibility for any offence done to minors through the site.
From time to time, photography-online.co.za uses its members’ email addresses to send the email notices about matters relating to the Site. Members are responsible to keep email addresses current. Photography-online.co.za shall not be responsible for any failure of notice due to an out-of-date email address.
11. Account Termination
Photography-online.co.za reserves the right to terminate your account or your access to and use of photography-online.co.za’s services at any time, at photography-online.co.za’s sole discretion for any reason, with or without cause. If you violate these Terms, photography-online.co.za, in its sole discretion, may also require you to remedy any violation of the Terms, and/or take any other actions that we deem appropriate to enforce our rights and pursue all available remedies. We shall not be liable to you or any other person if we terminate your account or your access to or use of the Site.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY PHOTOGRAPHY-ONLINE.CO.ZA ON AN “AS IS” AND “AS AVAILABLE” BASIS. PHOTOGRAPHY-ONLINE.CO.ZA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOTOGRAPHY-ONLINE.CO.ZA AND TARSIBASE CC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOGRAPHY-ONLINE.CO.ZA AND TARSIBASE CC DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PHOTOGRAPHY-ONLINE.CO.ZA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES SHALL PHOTOGRAPHY-ONLINE.CO.ZA OR TARSIBASE CC BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE PHOTOGRAPHY-ONLINE.CO.ZAWEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PHOTOGRAPHY-ONLINE.CO.ZAWEBSITE OR THE SERVICES, FROM INABILITY TO USE THE PHOTOGRAPHY-ONLINE.CO.ZA WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PHOTOGRAPHY-ONLINE.CO.ZA WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. PHOTOGRAPHY-ONLINE.CO.ZA CANNOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS ON ITS SITE, OR THE COPYING OF PHOTOS BY ITS MEMBERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHOTOGRAPHY-ONLINE.CO.ZA OR THROUGH OR FROM THE PHOTOGRAPHY-ONLINE.CO.ZAWEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
THE LAWS OF CERTAIN COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold photography-online.co.za and TARSIBASE CC, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, volunteer editors, volunteer moderators, service providers, and suppliers harmless from any dispute that may arise from your breach of the Terms or violation of any representations or warranties contained in the Terms. You also agree to hold said parties harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to any Members Content you post on the Site.
14. Reservation of Rights
You may access photography-online.co.za’s content, including Members Content, only as permitted under the Terms. We reserve all rights not expressly granted in and to the Site. We reserve the right to discontinue any aspect of the Site at any time.
The Terms and this Agreement shall be governed by and construed in accordance with the laws of the South Africa. The Terms contain the entire agreement between you and us and govern your use of the Site.
©2011 TARSIBASE CC, and contributors. Contributed content used with permission.