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.
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:
- 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.
- Create any derivative use of an Image unless indicated on the invoice.
- Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
- 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.
- Archive, republish or transmit and images on any database.
- 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.
- Sublicense, re-license, rent or lease any of the Images.
- Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with ELITE in any manner.
- 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.
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.
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.
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.
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.