Terms of use

This agreement governs the use of the Cape Town Stock Photos web site (known henceforth as the “site”).

This site is owned and operated by August Sun Projects cc (trading as Cape Town Stock Photos). Access and use of this site is provided by Cape Town Stock Photos on condition of you agreeing to and abiding by these terms of use. If you do not agree to these terms of use then we request that you do not make use of the site.

Cape Town Stock Photos would like to make you aware that we reserve the right to change, update, or amend these terms of use, without notification, at any time in the future, and encourages you to regularly review this document as use of this site confirms your acceptance of the terms of use.

Use of the site and its content

This site and any content that it delivers may not be used for any purpose other than doing business with Cape Town Stock Photos. You may browse the site and you may download images that you purchase, in accordance with the licence terms under which the images have been purchased. You may modify images that you have purchased.

You are not allowed to hot-link to, explicitly download, re-transmit, or copy information and images, outside of these licencing conditions, without written permission from Cape Town Stock Photos.

You are allowed to download individual images from this site, for use as proofs or in mock-up designs, for educational purposes, or for personal non-commercial use, provided that they carry the Cape Town Stock Photos watermark. You are not allowed to tamper with, or remove this watermark. You may however not alter the images in any way or use these images on any public platform without written consent from the owners of Cape Town Stock Photos.

You may not display this site in a frame, or use similar techniques to wrap this site’s content in another site or application. It is a violation of this sites terms of use to use any kind of cross site scripting to manipulate the site’s content or navigation in any way. You may not use robots or other automated techniques complete and/or submit forms on this site.

It is not allowed, and illegal, for you to interfere with, or attempt to crack, this site’s security systems. It is similarly not allowed, and illegal, for you to interfere with, or attempt to crack, the security systems of servers and network infrastructure on which this site is hosted. It is illegal for you to access this site’s infrastructure though means other than the web site’s intended HTTP interface.

You may not use this site or its contents for any purpose other than that for which it has been intended.

Intellectual property

All content (including digital images, text, HTML markup, javascript code, and css files) on this site is protected by copyright. Images hosted by, and purchased though, this site are owned by Paul Gilowey and Cape Town Stock Photos makes these images available to the individual or business who purchases them under specific licence conditions.

Images purchased though Cape Town Stock Photos may only be used in accordance with the licence agreement that you purchase. Images are licenced to the business or individual noted on the purchase invoice. These licences are not transferable to any other individual or entity.

Cape Town Stock Photos takes care to note when images may only be used for editorial purposes. However, irrespective of the licence under which the image is sold, images that contain registered trademarks, trade names, internet domain names, symbols, logos, or any other protected information may only be used for editorial purposes. By using this site, its contents, or images purchased from Cape Town Stock Photos, you take full responsibility to ensure that individual’s or other entity’s rights are not infringed on. You further agree that you will not use images purchased though Cape Town Stock Photos for any illegal purpose and that you accept full responsibility for how images that you purchase are used.

© 2012 August Sun Projects cc (trading as Cape Town Stock Photos). All rights reserved.

Privacy

Unless explicitly noted and agreed to by you, Cape Town Stock Photos will never sell your information to a third-party. The only information that we explicitly collect is information provided by you in forms on this site and by adding photos to your basket, as well as regular HTTP logs collected by most sites. We will never hand over this information to anyone else except if compelled to do so by a court of law.

Cape Town Stock Photos uses Google Analytics to understand site trends and usage. In so doing, Google collects certain non-personal information such as search terms, the browser that you’re using, your screen resolution, etc. By using this site you agree to the Google’s privacy policy, which can be viewed here.

Cape Town Stock Photos will send you email in connection with current purchases that you make. We make use of email servers and service providers to send email messages to you. Email that we send to you may contain personal information such as your name and email address. By making use of our site you agree to our service provider’s privacy policy, which can be viewed here.

Internet software or computer viruses

Although we take precautions to prevent software malfunctions, infrastructure glitches, or viral infections, it is technically possible for this to occur. These may result in incomplete information or image files being delivered to you. Viruses in particular may result in damage to your personal computer systems or information. Cape Town Stock Photos and its owners shall not be responsible or liable for any damages incurred through the use of this site or data provided by this site and advises that you make use of properly secure browsers, anti-virus software, and any other protection mechanisms at your disposal.

Provided “As Is”

This site and the images supplied are provided “as is” without representation, warranty, or condition of any kind either expressly stated or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Cape Town Stock Photos does not represent or warrant that this web site or images provided by this web site will meet your requirements or that their use will be uninterrupted or without error.

Limitation of Liability

By using this site and its images you assume all responsibility and risk including without limitation of of the information contained therein.

In no event will Cape Town Stock Photos, or its owners, or agents be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever, including damages for loss of profits, business interruption, loss of information, or any other pecuniary loss, in connection with any claim, loss, damage, action, suit or other legal proceeding arising under or out of these terms of use, including (without limitation) your use of, reliance upon, access to, or exploitation of this web site, the materials, or any part thereof, or any rights granted to you here-under, whether the action is based on contract, tout (including negligence), infringement of intellectual property rights, or for any other reason.

Indemnification

You agree to indemnify and hold Cape Town Stock Photos harmless against all claims or liability asserted against Cape Town Stock Photos arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of use.

Applicable law

This Web site is controlled, operated and administered by Cape Town Stock Photos from within the City of Cape Town in South Africa. This Web site can be accessed from anywhere in the world and by using this site you agree that all matters relating to access to, or use of this Web site shall be governed by South African law.

By accessing this site you also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the South Africa and acknowledge that you do so voluntarily.

General

Cape Town Stock Photos’s failure to insist upon or enforce strict enforcement of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.


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