Legal — Locstock.co.za Terms and Conditions of Use

THIS IS A FAIRLY LENGTHY DOCUMENT, AND IT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. BY CLICKING THE SUBMIT BUTTON IN THE REGISTRATION PROCESS, YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT. WE ENCOURAGE YOU TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

This Agreement governs your use of the locstock.co.za website, including, without limitation, the downloading of photographs (“Works”) from the locstock.co.za website, access to web logs and forums, and any and all services offered by Locstock on or through the locstock.co.za website (the locstock.co.za website, together with all of the foregoing uses and services, to be hereinafter referred to as the “Website”).

This Agreement works in conjunction with Locstock’s Download Agreement, and any contradictions between the Terms and Conditions of Use and the Download Agreement will not affect any other part of either agreement.

1. Description of the Website and Membership

The Website provides, among other things, an online marketplace for downloading Works. Furthermore, the Website is divided generally into two sections: a public section and a private section. The public section offers to all visitors, among other things, general information about the Website, the ability to view Works on the Website, a search engine to search for Works on the Website, the ability to “List a Location” and give feedback to Locstock, and a process by which visitors can register to become Members, as further described below. The private section is only accessible by Members. The private section offers to Members (in addition to all services available in the public section) the ability to buy and download Works from the Website in accordance with an applicable Download Agreement. Members are also allowed to create personal galleries to store Works for future reference or purchase. Members can also book or enquire about the use of certain locations.

When a visitor to the Website registers to become a Member, he or she will use their valid e-mail address as a Username and select a corresponding available password (Membership Password) to create a unique, personal Membership Account. Once such information is entered during registration, such information can be revised again at a later stage.

A Member shall download an Work through his or her Membership Account, and such Works shall be subject to an applicable Download Agreement based on criteria specified by such Member. A Member shall be able to download Works for a particular use(s) only if he or she pays with the applicable pre-bought credit (as defined below) on the Website or with their own Visa or MasterCard credit card, and only if he or she agrees to the applicable Download Agreement for such Works and such use(s).

2. General Acknowledgments and Agreements

Your use of the Website constitutes your acknowledgment and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the Website or use any services offered on the Website.

Locstock shall have the right, in its sole discretion, to amend the terms and conditions of this Agreement, in whole or in part, at any time, and any such changes shall be effective immediately upon member notification and publication of such changes on the Website. Your continued use of the Website after the effectiveness of such changes and notice constitutes your acknowledgment and acceptance of the terms and conditions of this Agreement, as so amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, do not use or access the Website.

If at any time the terms and conditions of this Agreement are no longer acceptable to you, whether or not as a result of an amendment by Locstock, do not use the Website.

Services on the Website are available only to, and may only be used by individuals who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Website are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all uses of the Website. Your Membership Account on the Website may not be sold or otherwise transferred to another person or entity. If your use of the Website is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement.

3. Use of Works

You may only download Works from the Website in accordance with the terms and conditions of this Agreement and of an applicable Download Agreement. You may not use, reproduce, distribute, display or create derivative works based on any Works that appear on the Website unless you enter into a Download Agreement, and you may do so only to the extent expressly permitted under the terms and conditions of an applicable Download Agreement.

You acknowledge and agree that no ownership of any Works can be transferred, and that no sale of any Works can be effected on or through the Website. Only the rights expressly sublicensed in an applicable Download Agreement are granted on or through the Website. You acknowledge and agree that Locstock or its licensors retain all ownership rights in and to the Works, and that such Works are covered and protected by copyright, trademark and other intellectual property rights of Locstock or its licensors.

4. Restrictions

You agree that you shall not use the Website in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.

You shall not upload or post to the Website, any Works or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not attempt to gain unauthorized access to any hardware or software systems or net Works associated with the Website, or obtain any services or information not intentionally made available to you by Locstock on or through the Website. You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person’s or entity’s use, of the Website. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including, without limitation, with respect to the origin or source of any Works or other material or content that you upload or any identifying information for your Membership Account.

Locstock reserves the right to decide whether any Work is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Locstock may remove any such Works and/or terminate a user’s access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

You may not use the Website in a fraudulent manner, or otherwise in a manner for which the Website is not reasonably intended to be used.

5. Notification of Claims of Infringement

If you are a copyright owner or an agent thereof and believe that any Works or other content infringes upon your copyrights, you may submit a notification to info@locstock.co.za. A notification must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted Work claimed to have been infringed, or, if multiple copyrighted Works at a single online site are covered by a single notification, a representative list of such Works at that site;
  3. 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 Locstock to locate the material;
  4. Information reasonably sufficient to permit Locstock to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. 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
  6. 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.

You acknowledge that if you fail to comply with all of the requirements of this Section 5, your notice may not be valid.

6. Management and Operation of the Website

Locstock shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Works or other material or content uploaded and posted to the Website in the ‘List a Location’ section.

You acknowledge and agree that Locstock shall have no responsibility for any material or content on other websites to which you may hyperlink or otherwise access from the Website, including any web log, comments to any web log, or any forum on the Website. You acknowledge and agree that Locstock shall have no responsibility for any material or content on websites from which you may be hyperlinked or otherwise be directed to the Website.

Locstock reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Website at any time. You acknowledge and agree that Locstock has no obligation to make, or continue to make, the Website or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of Locstock). Locstock reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your Username and Membership Password.

You acknowledge and agree that Locstock may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Website. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Website. You acknowledge and agree that Locstock may also store personal information about you on its computers within or outside South Africa. By using this Website you acknowledge and agree that Locstock may, in its sole discretion, preserve or disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any Works violates the rights of third-parties; or to protect the rights, property, or personal safety of Locstock, its users or the general public.

7. Credits and Payments

Transactions on the Website, including downloads of Works, shall be conducted using Locstock pre-bought credit or direct payment with a credit card and subject to any amounts that may be owed to Locstock with respect to such transactions. In the event you are downloading Works, the appropriate amount shall be deducted from your credit balance or directly from your credit card.

You may acquire credit bundles only by purchase, by using credit cards or such means as then permitted by Locstock. If you purchase any credit bundles by using a credit card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorise Locstock to charge the designated credit card or online payment account for the total amount of the purchase, including any sales or similar taxes; provided however that some, or all, of such amount may be required to be paid by you to Locstock, depending on your country of residence or on other similar parameters to be determined by Locstock. Standard credit purchases are non-refundable. Locstock, in its sole discretion, may grant you Offered credit from time to time. Notwithstanding anything to the contrary contained in this Agreement, you may never redeem Offered credit for cash, and can only use Offered credit for transactions on the Website.

Locstock will never advance credit to members in accordance with the National Credit Act.

8. Membership Account

You acknowledge and agree that you are to keep confidential the Membership Username and the Membership Password selected by you and approved by Locstock for use with such Username and Membership Account. Your Username, Membership Account and Membership Password are personal to you and/or your company and may not be shared with, or transferred to, any other person or entity.

You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Username and Corresponding Password, and that Locstock may rely on the use of your Membership Account, Username or Membership Password as conclusive evidence that you have used the Website.

9. Representations and Warranties

In addition to the representations and warranties you have made above, each of Locstock and you hereby represent and warrant that it, or he or she, has the right to enter into this Agreement.

10. Indemnification

You agree to indemnify, defend and hold harmless Locstock and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (collectively, “Indemnitees”) from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Website (including any uses under your Membership Account or Username, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any Works or other material or content whether or not intentional. Locstock shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with Locstock in the defense of any such claim, action or matter.

11. Limitations and Disclaimer

You agree that neither Locstock nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, LOCSTOCK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WWW.LOCSTOCK.CO.ZA WEBSITE OR THE SERVICES ON THE WWW.LOCSTOCK.CO.ZA WEBSITE, OR ANY WORKS OR OTHER MATERIALS OR CONTENT AVAILABLE ON THE WWW.LOCSTOCK.CO.ZA WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY WORKS OR OTHER MATERIALS OR CONTENT, FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES.

Locstock shall have no responsibility for any Works or other material or content uploaded or posted onto the Website, including, without limitation any material or content uploaded or posted by any Member onto the Website in any forum or as any comment to a web log.

You agree that neither Locstock nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of any Work purchased from the Locstock website. Locstock or its affiliates, or any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees can be held liable for any Works that are outdated or erroneously labeled on the website.

12. Term and Termination

This Agreement shall continue in perpetuity unless terminated in accordance with this Section 12. Locstock at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Website. You may at any time terminate this Agreement by logging into your Membership Account on the Website and then sending a termination request to Locstock or deleting your profile under the “My Account” tab when you are logged in to the site. In the event termination is by Locstock, Locstock shall notify you of such termination. Locstock reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation by deactivating your Username and Membership Password.

13. Effect of Termination

Upon any termination of this Agreement:

  1. your Membership Account shall be canceled and closed and your Username and Membership Password shall be deactivated;
  2. In the event that termination is by Locstock any and all credit shall be redeemable by you for cash, minus any transactional expense, in the event that termination is by you all credit will be forfeited and
  3. you shall forfeit all rights, title and interest in and to any and all Offered Credits. Offered Credits are defined as credit that is given to a customer free of charge for promotional and marketing purposes.

Termination of this Agreement shall not relieve you from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated, such as a Download Agreement. The provisions of Sections 8, 9 10, 11, 13 and 15 shall survive the termination of this Agreement.

14. A Suspension

Locstock reserves the right, in its sole discretion, to suspend your Membership Account at any time and for any length of time.

Locstock has a zero-tolerance policy related to inappropriate Works of children. In its role as a marketplace for the uploading and downloading of Works, if Locstock becomes aware of any such inappropriate Works of children it may take one or more of the of the following actions (in addition to any other actions it may deem appropriate):

  1. Alert the appropriate law enforcement authorities
  2. Remove the Works of concern from all Locstock libraries and servers
  3. Suspend or delete the account of the providers and users of such photos

15. Miscellaneous

This Agreement shall be governed by and construed in accordance with the laws of South Africa, without regard to any conflict of laws principles. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in a court of competent subject matter jurisdiction in the courts of South Africa, and you and Locstock each submit to the personal jurisdiction of such court and waive any right each might otherwise have to claim lack of personal jurisdiction or inconvenience of forum.

The relationship between Locstock and you under this Agreement is that of independent contractors. For clarification purposes, the parties are not joint venturers, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website.

No waiver on the part of Locstock to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of Locstock to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Locstock shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement.

This Agreement shall be inure to the benefit of, and be binding upon, Locstock and you, and its and your respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than Locstock and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other. If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect. The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.

Last update: 11/07/2014