Clause 1 - Definitions
|"Content":||the content of the Digital Photographic Library, consisting of images, logos, trademarks regarding the different properties of Sun International throughout the world;|
|"Errors":||any errors and defects appearing and/or occurring during the use of the Content, including pricing, editing errors and the failure of the Digital Photographic Library services to operate in conformity with its functionality;|
|"Digital Photographic Library":||a Photographic database of Sun International's marketing images (Content);|
|"Registration":||whereby the Digital Photographic Library grants the User a right of use with respect to The Digital Photographic Library;|
|"User":||a person who uses the Digital Photographic Library website.|
|"Unregistered User":||a user who has not yet registered by a registration process. An unregistered user has limited use on the Digital Photographic Library.|
|"Inactive User":||either a user who has registered and is still waiting to be vetted or an active user whose time has expired.|
|"Active User":||a vetted user who can download images providing they have access time left.|
|"Channel Partner":||an approved person or company who markets Sun International and its properties as a destination.|
Clause 2 - General Provisions
|2.1||These Terms and Conditions shall be applicable to the provision of access to the Digital Photographic Library, as well as to each installation and to each use of The Digital Photographic Library.|
|2.2||The information has been provided by Sun International, who have granted the Digital Photographic Library permission to distribute the information to the active users of the Digital Photographic Library electronically, by mail and otherwise and to grant active users the right of use mentioned below.|
Clause 3 - Subject / Right of Use
Sun International Digital Photographic Library is owned, managed and provided by Sun International Management Limited - hereinafter referred to as "Sun International". The applicable Web site is referred to herein as the "Site."
|3.1||The Site is provided so that Sun International is able to disseminate high resolution images to channel partners in a vettableformat.
Sun International grants the User a right of use with respect to the Digital Photographic Library. This right of use consists of the rights to access the Digital Photographic Library, to consult the Digital Photographic Library, and to use and to retrieve minor parts (with a limit of 250 images per user company per annum) of the Content for the sole purpose of distributing these elements of the Content to the travel industry and to other third parties in printed and/or electronic promotional material. Channel partners can be tracked and notified of any changes. Please feel free to register on the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws.
The Site contains High end downloadable images, and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way, or decompiled, reverse engineered or disassembled. Logos must be used in the prescribed manner. If you are unsure of the appropriate / permitted Logo usage please contact the Librarian. Modification of the images or use of the images for any other purpose is a violation of the Sun International's proprietary rights and may further violate applicable legislation. The use of the images on any other Website, or networked computer or environment is prohibited without Sun International’s express written consent. If you breach any of these Terms and Conditions, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed images and confirmation thereof shall immediately be forwarded to Sun International.
|3.2||The non-exclusive right of use is granted for a limited period of time – as determined during the Registration process and is not transferable to any party other than the one who is registered with permission from the Digital Photographic Library|
|3.3||Sun International reserves all rights not explicitly granted to the Users.|
|3.4||In no event does the right of use include a right to use the retrieved Content, in whole or in part, to compile a databank, either by or through the User, or to otherwise use the Content for purposes that compete with the Digital Photographic Library.|
|3.5||The right of use in no event includes a right to borrow the Digital Photographic Library concept, either in whole or in part, and/or to put this concept, either in whole or in part, at the disposal of third parties.|
|3.6||The User shall not, without the written permission of Sun International, make (or have others make) changes in or additions to The Digital Photographic Library.|
|3.7||Sun International reserve the right to change information regarding images stored on the site at any time without notice and shall not incur any liability in respect of any reliance placed on such images.|
The Site is administered by Sun International from its Head Office in South Africa. The downloadable images published at the Site may differ to images seen elsewhere. Consult the librarian in this regard. If you access the Site from a location outside of South Africa, you are further responsible for compliance with all applicable legislation relative to your territory.
The site and images and related communications are provided "as is" without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of accuracy, merchantability, non-infringement, fitness for particular purpose. Sun International and Sun International Digital Photographic Library further do not warrant the accuracy or completeness of the images, including but not limited to the reliability of any advice, statement or other information displayed or distributed through the site. You acknowledge by the use of the site that any reliance on any such materials, advice, statement or information shall be at your sole risk and that Sun International shall incur no liability whatsoever.
Sun International and Sun International Digital Photographic Library assume no responsibility as regards the provision of the Service, and shall without limitation not be liable for any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any images from the site and the like.
Clause 4 - Intellectual Property Rights
|4.1||No intellectual property rights are transferred to the User and the use of the Digital Photographic Library shall not, in any event, constitute an intellectual property right on the part of the User regarding the Content or the technology offered by the Digital Photographic Library.|
|4.2||Sun International hereby declares, without liability, that it has produced the Digital Photographic Library entirely with its own corporate resources and/or that it owns the rights to dispose of the applications and data files contained herein. At the time of delivery Sun International is not aware of any third party that holds any rights that could adversely affect the undisturbed use of the Digital Photographic Library.|
|4.3||If any third party states to the User that the third party has any rights with respect to the Digital Photographic Library, the User shall immediately notify Sun International thereof in writing.|
|4.4||With regard to third parties who state that their rights are being infringed, the User shall refrain, without prior written permission from the Digital Photographic Library, from making any oral or written statements or promises, from acknowledging any rights or facts, from committing the User in any way whatsoever and from entering into settlements.|
|4.5||If it is established, either in or out of court, that the use of the applications or any parts thereof contained in the Digital Photographic Library infringes any intellectual property right, Sun International shall exert its best efforts to change the relevant applications in such a manner that the User may continue to use the applications.|
|4.6||The User warrants and represents that the User shall at all times observe the limits of the right of use granted to the User and, more specifically, always respect the intellectual property rights of Sun International and of the third parties whose protected material is included in the Digital Photographic Library.|
Clause 5 – Liability
Your use and browsing of the Site is at your sole risk. If you are dissatisfied with any of the images contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
|5.1||To the maximum extent permitted by law, Sun International shall not be liable for any damage suffered by the User, including damage including but not limited to, direct, indirect and consequential damages, that is caused if the Content of The Digital Photographic Library is incomplete, incorrect, not up-to-date or technically not fit for the intended use.|
|5.2||Any User who carries on a profession or business shall indemnify Sun International for and against any claims by third parties, including Subscribers, for compensation or damages, including for loss of profit, suffered as a result of the use of the Photographic Image Library. Under no circumstances will Sun International, or others involved in creating, producing, or delivering the site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and/ or business interruption) arising out of your access to, use, inability to use or the results of use of the site, or any materials contained on the site (including but not limited to those caused by or resulting from a failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Sun International was advised of the possibility of such damages.|
|5.3||Sun International shall not be liable for the content of websites to which the Users are referred via links.|
|5.4||Sun International shall not be liable if the Photographic Image Library cannot be used for practical reasons such as Errors and technical breakdown or for legal reasons such as court orders.|
|5.5||The inclusion of information provided by Sun International does not in any way imply the Digital Photographic Library endorsement of the business of the User. Sun International shall not be liable for any damage caused by a User or other third parties.|
|5.6||Sun International shall not be liable for the failure to fulfil any of its obligations under these Terms and Conditions, if the fulfilment has been interfered with, hindered, delayed or prevented by circumstances not reasonably within the control of the Digital Photographic Library.|
|5.7||In any instance where legal liability on the part of the Digital Photographic Library is proven, such damages shall be limited to that amount received by Sun International from its Insurers in this regard.|
|5.8||The User hereby indemnifies Sun International against any damage/ loss which may arise due to the User's use of the Photographic images mentioned herein.|
The Sun International Digital Photographic Library is aware of the need to address Internet privacy issues and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visit to the Site.
|6.2||The Registration and all Personal Data, and thus these Terms and Conditions, shall be governed by and treated in accordance with the laws of the Republic of South Africa. Sun International is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. The information is gathered by the librarian. This website takes every reasonable precaution to protect our users' information. When you submit sensitive information via the web site, your information is protected both online and off-line. This code of conduct is adhered to by Sun International and Sun International Digital Photographic Library as is reasonably possible.|
|6.3||In the User registration process the User provides information about itself, its company and its business, products for which it intends to use content (printed and/or electronic) and Internet sites it intends to use. Sun International use this information to support their relationship with the User and to improve their services, i.e., to inform the User about upgrades to the website, special offers or promotions and new services and products that are offered by Sun International. Sun International shares the information with their subsidiaries and business partners to enable them to provide the User with information about their services and products. With respect to these services, Sun International has an opt-out policy: If the User does not wish to receive such marketing information, they may let us know by sending an e-mail to email@example.com|
|6.4||In addition, we may use the information for public relations, marketing and sales purposes. As part of our services, we may compose, print and distribute directories that include the information you may provide. These directories enable us to create e-communities of our Users, and other services that facilitate contact between Users and Sun International if they so wish.|
|6.5||Due to the international nature of the Services and the fact that it is Internet based, the information the User provides may cross South African borders and the User consents hereto.|
|6.7||Sun International and Sun International Digital Photographic Library reserves the right, in its sole discretion, to revise these Terms and Conditions at any time and correct any errors or omissions in any portion of the Site. Data may also be changed, modified, added, or removed and updated without notice at any time; however, The Digital Photographic Library is under no obligation to update the data. Your continued use of the Site after any changes to Sun International and Sun International Digital Photographic Library will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
If at anytime The Digital Photographic Library changes its privacy commitment, The Digital Photographic Library will post those changes here.
Clause 7 - Duration and Cancellation of the Registration
|7.1||Registration, which constitutes acceptance of these Terms and Conditions, shall enter into effect from the instant the User submits the registration form.|
|7.2||A request for cancellation of the Registration by the User shall be addressed to the Digital Photographic Library's office at Sun International's Head Office, in writing either by mail or electronically. Cancellation shall come into effect within 30 days of receipt of the request.|
|7.3||The Digital Photographic Library reserves the right to cancel, at any time and for any reason (including any violation to clause 3), the Registration of the User. The use of the Digital Photographic Library by the User shall be terminated with immediate effect from the moment of cancellation.|
|7.4||For a period of thirty days after termination, the User may continue the distribution of the existing promotional material that includes Content retrieved from the Digital Photographic Library prior to termination, unless the Registration was terminated because of the unlawful use of the Content, in which case such distribution shall be prohibited with immediate effect.|
Clause 8 - Concluding Provisions
|8.1||The Digital Photographic Library shall have the right to amend these Terms and Conditions and to declare the amended Terms and Conditions applicable to an existing Registration. The amended Terms and Conditions are accepted by logging into the Digital Photographic Library. If the User does not accept the amended Terms and Conditions, the use of the Digital Photographic Library by the User shall terminate automatically with the effect described in clause 7, sections 3 and 4.|
|8.2||If the Digital Photographic Library declares that the amended Terms and Conditions are applicable to an existing Registration, the Digital Photographic Library shall make the amendments known in a timely manner. The amended Terms and Conditions shall thenceforth immediately enter into force and effect.|
These Terms and Conditions shall be governed by the laws of South Africa, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms and Conditions shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions constitute the entire agreement between Sun International and all its users with respect to the use of the Site. Any claim you may have with respect to your use of the Site must be notified to Sun International within six (6) months after the claim or cause of action arises.
© 2010, Sun International Digital Photographic Library, All Rights Reserved