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Elite Photo Agency
Celebrity Photo Coverage of International and South African show business events.
I accept the terms and conditions
Elite Photo Agency, founded in 1986, is a South African photo agency specializing in show business, celebrity events, movies and television, covering not only the local celebrity scene, but in partnership with several leading USA, UK and European photo agencies, also provides customers with up to date images of all international show business and celebrity events.
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© Copyright 2013 Elite Photo Agency elitephoto@iafrica.com Privacy Policy Terms & Conditions Contact Us About Us

Terms and Conditions



NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ELITE PHOTO AGENCY, (hereafter "ELITE"). BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are obtaining image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. ELITE reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

OWNERSHIP OF THIS WEBSITE
This website is owned and operated by ELITE. All elements of the site, including the content and the general design are protected by copyright, trademark, trade, dress and other South African and international laws relating to intellectual property.

PERMITTED USAGE
Comp Use: ELITE grants you a personal, non-transferable, nonexclusive right to copy the Images you have selected onto your computer hard drive and to use the image(s) and any derivative works or copies (collectively, the "Image(s)") on one computer and with one user at a time only. The Images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Images may not be used in any final materials distributed internally or to the public. All other rights are reserved to ELITE. You must contact ELITE to obtain a license for additional use. Other than the above Comp Use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. Unless otherwise agreed, use of any Image is for the editorial use in SOUTH AFRICA only

RESTRICTIONS AS TO USE
The following uses are prohibited:

  1. Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.
  2. Create any derivative use of an Image unless indicated on the invoice.
  3. Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
  4. Use of the Image in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
  5. Archive, republish or transmit and images on any database.
  6. Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from ELITE.
  7. Sublicense, re-license, rent or lease any of the Images.
  8. Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with ELITE in any manner.
  9. Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

CREDIT
Images used editorially should bear a credit line as indicated by ELITE. User must register copyright in their name to afford protection to the photograph. Such copyright shall be immediately reassigned upon request, without charge.

RETENTION OF DIGITAL FILES
Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. ELITE's copyright information and Image identification number must be retained with the digital files while you retain them.

PAYMENT TERMS
Time is of the essence in the performance by User of its obligations for payments. Payment of the invoice herein is to be net thirty (30) days. Any claims for adjustment or rejection of terms must be made to ELITE within ten (10) days after receipt of invoice.

LINKS TO THIRD PARTY SITES
The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for web casting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.

INDEMNITY
You agree to indemnify and hold ELITE, and the photographer, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.

GENERAL DISCLAIMERS
ELITE GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. ELITE IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY ELITE. DIGITAL FILES ARE PROVIDED "AS IS." RETNA MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. RETNA MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will shall seek all damages and remedies available, including attorney's fees and all associated costs.

DELIVERY OF IMAGES OTHER THAN DIGITAL FILES - RETURN PERIOD AND HOLDING FEES FOR IMAGES
Images other than digital files are to be returned within four (4) months after date of invoice, except in cases of outright purchase. User agrees to pay, as reasonable charges, the sum of ten ($10.00) dollars per week per image after such four (4) month period to date of return. NOTE THIS IS NOT A BAILMENT. Holding fees will accrue for one year from the stipulated return date, after which unreturned Images shall be deemed to be lost and you will be billed for lost Image fees in accordance with the Liquidated Damages provisions below. Payment of Lost or Damage fees does not entitle you to any rights whatsoever in the Images, which must be returned to ELITE immediately if subsequently found. You will then be liable for holding fees rather than lost fees, whichever is less.

RESPONSIBILITY FOR ORIGINAL IMAGES
If original Images are delivered to User, User is responsible for loss or damage to the Images delivered to them, from time of receipt until their return to ELITE. User shall be responsible for safe delivery and return of Images to ELITE and shall indemnify ELITE against any loss or damage to Images in transit or while in the possession of User. This agreement is not considered a bailment and is specifically conditioned upon the item so delivered being returned to ELITE in the same condition as delivered. Projection of Images is not permitted. User assumes an insurer's liability herein for the safe and undamaged return of the Images to ELITE. Such Images are to be returned by bonded messenger or by registered mail (return receipt requested), prepaid and fully insured.

This agreement is not assignable or transferable on the part of User. In the event that any Images are used by User in publications, User shall provide ELITE with two (2) free copies of such publication immediately upon printing. This contract contains all the terms of the agreement between us (ELITE and User) concerning transmission, delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of the client's purchase order.


About Us


Elite Photo Agency was founded in 1986 and has since steadily grown into one of South Africa’s leading photo agencies. Specializing in show business, celebrity events, movies and television, Elite has been supplying pictures to most of the magazines and newspapers in South Africa and has in recent years also provided pictures of local and visiting celebrities to selected overseas partners.

Apart from a vast and fast growing digital archive Elite also holds an archive of slides and black-and–white movie stills dating back to the early 50’s.

Thanks to cutting edge in-house developed software and Elite’s service oriented staff, customers can receive images via e-mail or FTP within minutes from submitting their requests.
 

Contact Us

Postal Address: Elite Photo Agency,
P.O. Box 40877,
Garsfontein East,
Pretoria,
Gauteng
South Africa,
0060
Phone: 012-809-0668 (Phoning from abroad: 27-012-809-0668)
Mobile: 082-499-0319 (Phoning from abroad: 27-82-499-0319)
 
Email: elitephoto@iafrica.com
 
 

Privacy Policy



Elite Photo Agency is committed to protecting your privacy. You can visit most pages on our site without giving us any information about yourself. But we do need information to provide services that you request, and this privacy statement explains data collection and use in those situations.

COLLECTION OF YOUR PERSONAL INFORMATION
We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. This information is requested when you register to download the software. Personal information collected by Elite Photo Agency is limited to name, e-mail address, age group, country or location, but may include other information when needed to provide a service you requested. We keep this registration information on file with any information you've already given us on previous visits to our Web site.

Elite Photo Agency also collects information about which pages our customers visit within Elite Photo Agency. This site visitation data is identified only by a unique ID number, and it is never linked with personal information unless a user consents as described below.

USE OF YOUR PERSONAL INFORMATION
We use your personal information for the following purposes:

  1. To ensure our site is relevant to your needs.
  2. To deliver services, such as updates notifications.
  3. To help us create and publish content most relevant to you.
  4. To alert you to product upgrades, special offers, updated information and other new services from Elite Photo Agency, if you so request.
  5. To allow you access to limited-entry areas of our site as appropriate.

We will merge site-visitation data with anonymous demographic information for research purposes, and we may use this information in aggregate to provide more relevant content. In some limited-entry sections of Elite Photo Agency, with your approval, we will combine site-visitation data with your personal information in order to provide you with personalized content. If you decline permission, we will not provide you the personalized service and won’t merge your personal information with site-visitation data.

Elite Photo Agency may disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Elite Photo Agency or the site; (b) protect and defend the rights or property of Elite Photo Agency and its family of Web sites, or (c) act in urgent circumstances to protect the personal safety of Elite Photo Agency employees, users of Elite Photo Agency products or services, or members of the public.

Your information may be stored and processed in South Africa or any other country in which Elite Photo Agency or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country.

CONTROL OF YOUR PERSONAL INFORMATION
When you register, or otherwise give us personal information, Elite Photo Agency will not share that information with third parties without your permission, other than for the limited exceptions already listed. It will only be used for the purposes stated above.

Elite Photo Agency may send out periodic e-mails informing you of technical service or security issues related to the software you downloaded, or confirming your requested registration. You will not be able to choose to unsubscribe to these mailings, as they are considered an essential part of the service you have chosen.

ACCESS TO YOUR PERSONAL INFORMATION
We will provide you with the means to ensure that your personal information is correct and current.

SECURITY OF YOUR PERSONAL INFORMATION
Elite Photo Agency is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide in computer servers with limited access that are located in controlled facilities.

PROTECTION OF CHILDREN'S PERSONAL INFORMATION
Elite Photo Agency is a general audience site and does not knowingly collect any personal information from children.

USE OF COOKIES
When someone visits the site, a cookie is placed on the customer's machine (if the customer accepts cookies) or is read if the customer has visited the site previously. One use of cookies is to assist in the collection of the site visitation statistics described above. It is collected to keep details about registration on our site, allowing customers to bypass any survey if such a survey has been completed in less than 30 days.

If you choose to not have your browser accept cookies from the Elite Photo Agency Web site, you will be able to view the text on the screens, however you will not experience a personalized visit nor will you be able to subscribe to the service offerings on the site.

ENFORCEMENT OF THIS PRIVACY POLICY
If you have questions regarding this statement, you should first contact Elite Photo Agency by e-mail.

CHANGES TO THIS STATEMENT
Elite Photo Agency will occasionally update this privacy statement. When we do, we will also revise the "last updated" date at the top of the privacy statement. For material changes to this statement, Elite Photo Agency will notify you by placing prominent notice on the Web site.

CONTACT INFORMATION
Elite Photo Agency welcomes your comments regarding this privacy statement, please contact us by e-mail.