SIZE OF IMAGES AND USES

1. Digital Use – Only for digital use purposes. If printed the image will pixelate.
2. Small Print – Can be used digitally and print up to A3 size.
3. Large Print – You will receive an extra link with the correct size so please ignore the pixel size. All our images will be to big if we load the large print size. Large print size can print up to billboard size.

 

TERMS AND CONDITIONS OF USE AND THE GRANT OF LICENSES IN RESPECT OF IMAGES
AGRIIMAGES PTY (LTD)
(Agrimages or us)

LAST UPDATED: 1 JULY 2021

  1. OPERATED BY – This website at www.agrimages.co.za (the Site) is operated by Agri Images. Any personal data that we collect from or about you under these terms will be processed by us as further described in our Privacy Policy.
  2. ACCEPTANCE OF TERMS & CONDITIONS – Agri Images offers this Site, including all information, tools and services available from this Site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
  3. LICENCING SUBJECT TO TERMS – The licensing of the use of images (Images) to you by Agrimages via the Site is subject to these terms.
  4. WORDPRESS PLATFORM – Our online store is hosted on a WordPress Platform, who provides us with the online e-commerce platform that allows us to licensing of the use of images to you.
  5. LEGAL AGE – By visiting this Site and/or downloading and licensing the use of any Image from us, you (i) you agree that you are legally capable of entering into binding contracts, are at least 18 years of age; (ii) give us your consent to allow any of your minor dependents to use this Site; and (iii) agree to be bound by these terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and a legally binding contract will be formed between us. These terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
  6. RIGHT TO DECLINE – We may decline to license the use of any Image to you for any reason. We are not obliged to tell you the reason for our decision.
  7. RIGHT TO CHANGE PRICES – Prices at which the Site grants you a license to use Images are subject to change without notice, at our sole discretion. We reserve the right to discontinue any Image at any time. Any offer for any Image made on this Site is void where prohibited.
  8. PAYMENT METHODS – Payment is processed for orders via the secure gateway which accepts payment for Images by: Maestro, MasterCard, Visa, Visa Debit, and American Express. Agri Images also accepts payment using EFT for orders larger than R2000.
  9. IF FRAUD IS SUSPECTED – If fraud is suspected, Agri Images has the right to cancel the transaction for security reasons. In most cases, you will be notified of authorisation or fraud issues, if they occur, before you complete the check-out process.
  10. AGRIIMAGES OWNS ALL IMAGE RIGHTS – Agrimages and/or its photographers or contributors, as the case may be, own or control all rights, including, without limitation, the copyrights, titles, interest, ownership, exploitation rights, intellectual property rights, commercialisation rights,. Agri Images and/or its contributors reserve all rights in and to the Images not expressly granted to you.
  11. TYPES OF USAGE – Depending on your selection and the license fee paid, Agri Images grants you a perpetual, worldwide, royalty-free, non-exclusive, non-transferable, non-sub-licensable in any way (including, without limitation, re-selling, distribution, transfer, etc.) and limited right to use the Images(the License) for any commercial purposes either:
    1. on websites and/or digital applications only; OR
    2. on websites and/or digital applications only and in printed materials (including, without limitation, merchandize), provided always that use of Images in any other media, including off-line media such as TV or film, is expressly prohibited.
  12. TYPES OF LICENSE – Depending on your selection and the license fee paid, Agri Images will either grant you a License in respect of an Image that is:
    1. non-exclusive for web and print purposes (in which event Agri Images may freely grant a License in respect of that Image to any other person); OR
    2. non-exclusive for web purposes only (in which event Agri Images may freely grant a License in respect of that Image to any other person)
  13. CREDITS – You are not required to incorporate a credit to any Images, except for in connection with use of an Image for editorial purposes, in such an event, the credit “© Agri Images” must be added.
  14. DERIVITIVE WORK – If you create a derivative work based on or incorporating any Image(s), all rights in and to such Images shall continue to be owned by Agri Images or its contributor, subject to your License.
  15. EXAMPLE OF CUSTOMER USUAGE – You grant Agri Images the right to display or reference your derivative work using or incorporating any Image(s) for marketing, educational, and/or promotional purposes as an example of customer usage.
  16. YOU MAY NOT – You may NOT (and each License is accordingly limited) without obtaining specific prior written consent from Agri Images do the following:
    1. sublicense, sell, assign, convey or transfer any of your rights under any License;
    2. incorporate any Image into electronic products for resale or distribution, (including templates and on-demand products), without regard to the size manufacturing units, or impressions of such products (including individual downloads), including without limitation, screen-savers or wallpapers for mobile devices, website designs, presentation templates, electronic greeting cards, electronic business cards, electronic calendars or any other electronic matter, other than where such product either combines the Image with words and/or graphics or images or the Image is not the primary factor driving the sale of such product
    3. store any Image(s) on a server or content management system which gives more than one person simultaneous access to the content;
    4. sell, license or distribute any final product in such a way that permits your end-users to extract or access any Image as a stand-alone unmodified file;
    5. use any Image in a pornographic, defamatory, libellous or otherwise illegal manner, whether directly or in context or juxtaposition with other subject matter and materials;
    6. use any Image in any manner prohibited by any international export laws, restrictions or regulations;
    7. falsely represent (either expressly or by implication) that you are the original creator of a visual work that derives a substantial part of its artistic components from any Image
    8. upload an Image as an unmodified standalone file to file-sharing websites or social networking websites or other third party website that claims to acquire ownership rights in the Images and upon Agri Images’ request, you shall immediately remove any Images from such platform or website;
    9. use content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For the avoidance of doubt, “Editorial Use Only” means use relating to events that are newsworthy or of general interest and expressly excludes any sections featuring brand or product names or sections in relation to which you receive a fee from a third-party sponsor;
    10. use the Images for editorial purposes without including the following credit adjacent to the Image or included in production credits “© Agri Images”.
  17. MODEL & PROPERTY RELEASES – Model and/or property releases can be provided to you for Images containing identifiable persons upon request, if Agri Images indicates that the same is available. Other than model or property releases for recognisable persons or properties on Images identified as released, Agri Images grants no rights and makes no warranties with regard to the use of names, likeness, trademarks, trade dress, registered, unregistered or copyrighted designs or other work depicted in any Image, and you must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
  18. CANCELLATION OF LICENSE – Agri Images may cancel a License at any time if you breach any of the terms hereof, in which case you must immediately cease using the Image(s), delete or destroy any copies, and confirm to Agri Images in writing that you have complied with these requirements.
  19. REFUNDS – All requests for refunds/cancellations must be made in writing to Agri Images, and may be refused or approved in writing by Agri Images, at its sole discretion. Provided that the request is made within 7 days and the any Image(s) has not been used, Agri Images may cancel the relevant order and issue a full refund to your account or credit card. No credits or refunds are available for cancellation requests received more than 7 days from your download of the Image. In the event of cancellation, your rights to use the content terminate immediately, and you must delete or destroy any copies of the content, with immediate effect.
  20. DISCONTINUING A LICENSE – Agri Images may discontinue licensing any Image at any time in its sole discretion. Upon notice from Agri Images, or upon your knowledge, that any Image may be subject to a claim of infringement of a third party’s right for which Agri Images may be liable, Agri Images may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise.
  21. HOLD HARMLESS – You agree to and hereby defend, indemnify and hold harmless Agri Images and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with your use of any content outside the scope of the License; any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms hereof, and/or your failure to obtain any required release for your use of Images.
  22. AGRI IMAGES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF AGRI IMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN ALL EVENTS WILL ARGI IMAGES’ LIABILTY TO YOU BE LIMITED TO THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE IMAGE CONCERNED.
  23. LICENCE IS PERSONAL – The License is personal to you and is not assignable by you without Agri Images’ prior written consent. Agri Images may assign its rights and remedies, without notice or consent, to any corporate affiliate or to any successor in interest or to any other person.
  24. SAMPLE COPIES – Upon reasonable notice, you agree to provide to Agri Images sample copies of projects or end uses that contain any Image(s), including by providing Agrimages with free of charge access to any restricted access website or platform where Image(s) is reproduced.
  25. KEEP IMAGES SAFE –You agree to retain the copyright symbol, the name of Agri Images, the Image’s identification number and any other information or metadata that may be embedded in the electronic file containing the original Image, and to maintain appropriate security to protect the content from unauthorized use by third parties.
  26. RESERVE THE RIGHT TO LIMIT QUANTIIES – Agri Images reserve the right, but is not obligated, to limit the sale or license the use of Images to any person. Agri I mages may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Images that we offer.
  27. RESERVE THE RIGHT TO UPDATE TERMS – Any new features or tools which are added to the Site will be subject to these terms. You can review the most current version of these terms at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
  28. USE SITE AT OWN RISK – We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
  29. NO OBLIGATION TO UPDATE – This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to this Site.
  30. ACCESS TO WEBSITE – Agri Images will endeavour to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Site may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Agri Images will attempt to limit the frequency and duration of any such suspension or restriction.
  31. WEBSITE MAY NOT BE MISUSED – Agri Images grants you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it. This licence does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site. You may not use any meta tags or any other hidden text. Any unauthorised use terminates the permission or license granted by Agri Images.
  32. LINK TO WEBSITE – You are granted a limited, revocable, and non-exclusive right to create a hyperlink to any page within the Site as long as the link does not portray Agri Images, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Agri Images logo or other proprietary graphic or trademark as part of the link.
  33. NOT USE WEBSITE FOR UNLAWFUL ACTIVITY– You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not use the Site for fraudulent purposes, or in connection with a criminal offence or other unlawful activity. Any unauthorised use of the Site may give rise to a claim for damages and/or be a criminal offence.
  34. PROPERTY OF AGRI IMAGES – All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the Content) is the property of Agri Images, and is protected by South African and international copyright laws. You may not systematically extract and/or re-utilise parts of the contents of the Site without Agri Images’ prior written consent.
  35. ELECTRONIC COMMUNICATION ONLY – When you visit the Site or send emails to us, you are communicating with us electronically. We communicate with you by email. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that Agri Images provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
  36. BEYOND OUR CONTROL – Agri Images will not be held responsible for any delay or failure to comply with its obligations hereunder if the delay or failure arises from any cause which is beyond Agrimages’ reasonable control. This condition does not affect your statutory rights.
  37. STATUTORY RIGHTS – Nothing in these terms will exclude Agri Images’ liability for any of your statutory rights
  38. PAYMENT IN FULL – No License will be valid until such time as all amounts (including accrued interest and/or Value Added Tax (VAT), if applicable, and/or any other tax, levy or duty thereon) owing by you to Agri Images in respect of such Images have been received in full by Agri Images.
  39. PROTECTED BY SOUTH AFRICAN LAW – These terms will be governed by the laws of the Republic of South Africa and any disputes are subject to the non-exclusive jurisdiction of the South African courts, provided that Agri Images will be entitled, but not obligated, to require a dispute be referred to arbitration in Cape Town administered by the Arbitration Foundation of Southern Africa.
  40. THIS IS THE FULL AGREEMENT – These terms constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of Agri Images that is not set out in these terms.