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Legal Stuff

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Copyright

Following South Africa’s Copyright Laws, the copyright of all images created by the Photographer is owned by the Photographer. ShutterXposures retains all copyright benefits to images created by himself forever. Copyrights for art (including photographs) do not expire. Unless the Photographer gives written authorisation, the Client is forbidden by law to copy any images created by the Photographer and agrees that all photographic reprints, digital duplications, or copies of any type made from images created by the Photographer, shall only be carried out by the Photographer. The license to reproduce such images is granted to the Client under the understanding that all invoices are paid within the Photographer’s stated payment terms. This means, if one of the images created by our photographers is used for any commercial or financial gain purpose, at any time, without our permission in writing, you agree to pay us for the use of the image at the current market rate as determined by the use at the time.

Example #1: You send a magazine an image created by the Photographer, Hein Jonker, the magazine pays you for the image. You owe ShutterXposure 100% of that payment + liquidated damages, on-demand.

Example #2: You send an image created by a Photographer from ShutterXposures to a commercial website for sale to the public or for other financial gains. You owe ShutterXposures 100% + liquidated damages of any income derived from the use of that image.

If the Client wishes to own the Photographer’s copyright, an additional fee will be paid by the Client to the Photographer for transferring the copyright. This fee will be mutually agreed upon by both parties. The transfer of copyright will only become applicable after this payment has been made in full.

License for the use of images will always be granted for non-commercial use at no cost as long as credit for the work is given. All we ask is for a simple copyright statement to be placed near or on the image, and notification of use is communicated to ShutterXposures. Non-commercial uses include personal web pages and prints of images kept or given to friends and family. Commercial use includes any business web page, any use of images for advertising or promotion, any other use that would be considered commercial or financially beneficial to the user.

The Photographer reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.


Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their “Personally Identifiable Information” (PII) is being used online. PII is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. 

What personal information do we collect from the people that visit our gallery, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, or other details so that we can provide our services to you.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form or enter information on our site.

How do we use your information?

We may use such information in the following ways:

To personalise your experience on our site and to allow us to deliver the type of content and product offerings intended for you.
To improve our website in order to better serve you.
To allow us to better service you in responding to your customer service requests.
To send periodic emails regarding updates to our services and areas of operation.


Terms of Use

AGREEMENT BETWEEN YOU AND ShutterXposures

The ShutterXposures Web Site is comprised of various Web pages operated by ShutterXposures.

The ShutterXposures Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ShutterXposures Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

ShutterXposures reserves the right to change the terms, conditions, and notices under which the ShutterXposures Web Site is offered, including but not limited to the charges associated with the use of the ShutterXposures Web Site.

LINKS TO THIRD PARTY SITES

The ShutterXposures Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of ShutterXposures and ShutterXposures is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ShutterXposures is not responsible for webcasting or any other form of transmission received from any Linked Site. ShutterXposures is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ShutterXposures of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the ShutterXposures Web Site, you warrant to ShutterXposures that you will not use the ShutterXposures Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ShutterXposures Web Site in any manner which could damage, disable, overburden, or impair the ShutterXposures Web Site or interfere with any other party’s use and enjoyment of the ShutterXposures Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ShutterXposures Web Sites.

USE OF COMMUNICATION SERVICES

The ShutterXposures Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

ShutterXposures has no obligation to monitor the Communication Services. However, ShutterXposures reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ShutterXposures reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ShutterXposures reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ShutterXposures’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ShutterXposures does not control or endorse the content, messages or information found in any Communication Service and, therefore, ShutterXposures specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized ShutterXposures spokespersons, and their views do not necessarily reflect those of ShutterXposures.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO SHUTTERXPOSURES OR POSTED AT ANY SHUTTERXPOSURES WEBSITE

ShutterXposures does not claim ownership of the materials you provide to ShutterXposures (including feedback and suggestions) or post, upload, input or submit to any ShutterXposures Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ShutterXposures, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ShutterXposures is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ShutterXposures’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SHUTTERXPOSURES WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SHUTTERXPOSURES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SHUTTERXPOSURES WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE SHUTTERXPOSURES WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ShutterXposures AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SHUTTERXPOSURES WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ShutterXposures AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHUTTERXPOSURES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SHUTTERXPOSURES WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SHUTTERXPOSURES WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SHUTTERXPOSURES WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SHUTTERXPOSURES WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ShutterXposures OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SHUTTERXPOSURES WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHUTTERXPOSURES WEBSITE.

SERVICE CONTACT: xperts@turnerstravel.co.za

TERMINATION/ACCESS RESTRICTION

ShutterXposures reserves the right, in its sole discretion, to terminate your access to the ShutterXposures Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of South Africa and you hereby consent to the exclusive jurisdiction and venue of courts in South Africa in all disputes arising out of or relating to the use of the ShutterXposures Web Site. Use of the ShutterXposures Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ShutterXposures as a result of this agreement or use of the ShutterXposures Web Site. ShutterXposures’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of ShutterXposures’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ShutterXposures Web Site or information provided to or gathered by ShutterXposures with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ShutterXposures with respect to the ShutterXposures Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ShutterXposures with respect to the ShutterXposures Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the ShutterXposures Web Site are Copyright 2021 by ShutterXposures and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.