Download PDF

Terms of Use

• These Terms of Use (“Agreement”) governs the terms and conditions of use for http://www.peopleimages.com (“the Site”). Information regarding the usage rights and licenses for Our royalty-free content is described in the various Content License Agreements which can always be found on the Site.
•  
• The Site is owned and operated by Yuri Arcurs Productions (Pty) Ltd. (“Us”, “We”, or “Our”), a company incorporated in terms of the company laws of the Republic of South Africa with registration number 2010/021359/07. Use of the Site indicates your consent with this Agreement and if you do not agree, you should not access or use the Site.
•  
• You have no right interfering with the Site security provision or, in any other similar way, to use the Site or other system resources, networks and services accessible through or connected to the Site in a corrupt manner. You agree to use the Site within the lawful and intended limits at all times.
•  
• Peopleimages may revise and update these Terms of Use at any given time without notice. You should review this Agreement periodically. Your continued access or use of the Site after any changes to this agreement will constitute your acceptance of these changes.
•  

• 1. INTELLECTUAL PROPERTY
• The Site, along with it’s variety of works, including photographs, software, audio files, photographs, film and video footage, illustrations, animation, Flash files, data files, templates, media project files, code snippets and other material (collectively “Content”) are intended for customers of Peopleimages. All of the Site assets, including the organisation and presentation of the Content, are the property of Peopleimages and its licensors, and are protected by intellectual property laws including but not limited to copyright laws, trademark laws and other similar laws.
•  
• Unless you have entered into a separate agreement with Peopleimages, such as one of Our Content License Agreements, any other use of this Content without Our written permission is prohibited and illegal.
•  
• Without a Membership Agreement and paid license the Content of the Site may only be copied and used for your own non-commercial or educational purposes. It is prohibited and illegal to modify the Content in any way (for example, to hide or delete copyright watermarks). You have no right to create derivative works from the Content on the Site or exploit the Content in any way.
•  
• 2. SITE AND CONTENT PROVIDED “AS IS”
• The Site content and the Site itself is provided “as is” without any personal interference from the side of the Site holders (except pre-moderation), conditions and warranties of any kind, either expressed or implied. These warranties include but are not limited to warranties and conditions of merchantability, or fitness for a particular purpose. Peopleimages does not represent or guarantee that the Site Content, its work or the Site as a whole will meet your expectations and requirements or that the process of its usage will be faultless and uninterrupted.
•  
• 3. SITE UPDATES
• Peopleimages updates the information on the Site regularly. However, We cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site. Peopleimages may add, review or delete information, resources and services posted on the Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.
•  
• 4. LINKED WEBSITES
• The Site may contain links to third party sites. Such links are given solely for your convenience. Their presence does not mean that they are endorsed or reviewed by Peopleimages. Peopleimages shall not bear any liability in case of any damages or losses, direct or indirectly, due to any linked resources or to the use or the reliance upon any information, contents or services available from third party sites.
•  
• 5. CONFIDENTIALITY
• Peopleimages respects the confidentiality of private and personal information of all cooperating parties. For more information about the procedure of collection, use and disclosure of your confidential information, please refer to the Privacy Policy.
•  
• 6. SOFTWARE AND COMPUTER VIRUSES
• At times, technical difficulties may occur due to Internet connection, software operation or data transmission issues and it is possible that inaccurate or incomplete copies of the information contained at the Site pages may occur. Even though Peopleimages does it’s very best to secure and protect the Site, computer viruses or other malicious code or programs may also be inadvertently downloaded from the Site, but Peopleimages is not responsible or liable to the work of any software, the presence of any computer viruses, malicious code, disruptive files or programs that may infect or otherwise impact the use of your computer equipment or other property on account of your access to, use of, or viewing of the Site or your downloading of any of the Content on the Site. Peopleimages strongly recommends the use of an anti-virus product or other protective software at all times.
•  
• 7. LIMITATION OF LIABILITY
• YOU ACKNOWLEDGE THAT YOU UNDERSTAND, ACCEPT AND ASSUME ALL RESPONSIBILITY AND RISK RESULTING FROM USE OF THE SITE, WITHOUT LIMITATIONS. IN NO EVENT SHALL PEOPLEIMAGES, ITS EMPLOYEES, MANAGEMENT, PARTNERS, SHAREHOLDERS, AFFILIATES AND AGENTS BE LIABLE FOR ANY KIND OR SHUTDOWN OF THE SITE RESULTING IN LOSS OF BUSINESS INFORMATION, PROFIT OR OTHER FINANCIAL LOSSES IN CONNECTION WITH CLAIMS OF ANY KIND, LOSSES, PETITIONS, ACTIONS, DAMAGES, OR OTHER EVENTS ARISING UNDER OR OUT OF THESE TERMS OF USE, AS WELL AS OUT OF ITS JURISDICTION, INCLUDING WITHOUT LIMITATIONS THE SITE, THE CONTENT, OR ANY FILES OR PARTS THEREOF, AS WELL AS ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF PEOPLEIMAGES WAS ADVISED OF THE THEORETICAL POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER THE ACTION IS BASED ON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
•  
• TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE IN CONNECTION WITH THE USE OR EXPLOITATION OF THE SITE, IN WHOLE OR IN PART, OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL SHALL NOT EXCEED FIVE US DOLLARS ($5.00).
•  
• IF CERTAIN JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ALL ABOVE-STATED LIMITATIONS AND EXCLUSIONS SHALL NOT BE APPLIED TO YOU. IN CASES FALLING UNDER SUCH JURISDICTION, THE LIABILITY OF PEOPLEIMAGES OR ANY OF ITS EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARTNERS, AFFILIATES, LICENSE HOLDERS OR AGENTS SHALL BE LIMITED TO THE MAXIMUM VALUE PERMITTED BY THE LAW.
•  
• 8. INDEMNITY
• YOU AGREE TO INDEMNIFY, PROTECT AND DEFEND PEOPLEIMAGES (ITS MANAGEMENT, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, PARENT COMPANY, ETC) AGAINST ALL CLAIMS, LIABILITIES, LOSSES AND EXPENSES AGAINST PEOPLEIMAGES ARISING OUT OF OR IN CONNECTION WITH ANY BREACH BY YOU OR ANYONE ACTING ON YOUR BEHALF OF ANY OF THESE TERMS OF USE.
•  
• 9. CONTROLLING LAW AND SEVERABILITY
• These Terms of Use will be governed by and construed in accordance with the laws of South Africa.
•  
• If Peopleimages is obligated to go to court, rather than arbitration, for collection of any payable fees or to enforce any of Our rights, you agree to reimburse Peopleimages for all legal fees, costs and disbursements if Peopleimages is successful.
•  
• 10. INFRINGEMENT CLAIMS
• We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please inform us immediately of such infringement as described in the Terms of Use or e-mail legal@peopleimages.com in order for us to potentially act on such infringement.
•  
• 11. GENERAL
• Failure by Peopleimages to enforce or insist upon accurate implementation of the provisions of these Terms of Use or other agreements shall not be construed as a waiver of any rights or provisions. If any provision of the Terms of Use cannot be fulfilled completely or partially at the territory of a certain country, and the parties are not able to reach an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms of Use can be fulfilled partially or in full.
•  
• The original, legally binding version of this document is written in English, and it may at times be translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.
•  
• 12. CONTACT US
• If you have any questions, comments, complaints or suggestions regarding these Terms of Use, you may forward them to legal@peopleimages.com or via postal mail to 10 Kloof Street, Gardens, Cape Town, South Africa, 8001.
•