End User License Agreement
Last updated: 15 June 2007

By purchasing any image or material from RedImages website, you automatically agree to be bound by our terms and conditions. Please read carefully our terms and conditions and the appropriate License prior to any order and purchase. Your failure to comply with the outlined terms and conditions shall automatically make your License to use our images invalid and terminated.

RedImages License
End User License Agreement

1. The following is a legal agreement between you (?the Licensee?) and RedImages (?the Licensor?). Read this agreement carefully before purchasing, downloading and/or using any of the purchased images. By purchasing and downloading any image from this website, you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on this Website. If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer, as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement.
   

2. All photographic images available from RedImages are the proprietary and copyright of RedImages or its licensors and protected by South African Law, international treaty provisions and other applicable laws. All rights not expressly granted are reserved. Your right to use any of these images is conditioned upon your payment of any applicable fee prior to use and your compliance with the terms of this Agreement.
   

3. When purchasing any of RedImages? photographic images, RedImages grants you a non-exclusive, non-transferable limited license to download, use, modify, publish and display image(s) in your personal and/or professional creative work, which may include production of:
   
   3.1 in advertising and promotional projects, including printed materials, product packaging and cover designs;
   
   3.2 in the creation of marketing, promotional, or advertising materials, including brochures, reports, newsletters, newspapers, magazines, books and any other printed publications where images may be used in editorial and/or advertising context;
   
   3.3 as part of a corporate presentation;
   
   3.4 in the development and creation of your business presence and identity;
   
   3.5 as part of a design element of a website, video, film, television broadcast, CD-Rom cover, or video game;
   
   3.6 in the layout for your business, in other words, for use in an office, lobby, retail store, or public area;
   
   3.7 any other uses approved in writing by RedImages.
   
   If there is any doubt that a proposed use is a Permitted Use, you should contact RedImages for guidance.
   

4. As this license is on a non-exclusive basis, we acknowledge and advise that identical images may be available from other sources and published in numerous publications.
   

5. All images licensed hereunder are licensed upon the express understanding, to which you agree by purchasing and downloading any copies of the aforementioned images, that each image is licensed for a single use only, any additional use of the purchased image, including but not limited to its original version and/or any edited versions of it, shall require an additional License which must be obtained from RedImages. The following uses of the images are expressly not permitted:
   
   5.1 You may not at any time share, sell, give, or allow anyone to use your username or password, nor access your own account for any reason.
   
   5.2 You may not distribute, share, sell, or give away any of our materials at any time for any reason.
   
   5.3 You may not use any of the materials downloaded or obtained from our site in a website template or any template or design sold individually or as part of an archive, catalogue collection or an automated shopping system under any circumstances.
   
   5.4 You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
   
   5.5 You are expressly forbidden from posting any image or images on any electronic bulletin board or making them available online in a downloadable format; using each licensed image more than once or for a different purpose than the one for which the License has been issued.
   
   5.6 You may not make (or allow anyone else to make) any form of copy, whether printed, photographic, digital or other modality of any of the images, except in the use of the image or images in your personal or professional work as specified above.
   
   5.7 You may not loan, rent, transfer or grant any rights to RedImages, or any compilation, derivative or collective work containing RedImages to any other person or organisation without the prior written consent of RedImages.
   
   5.8 You may not use or display any image that features a celebrity or person in a manner that
   
   (i) would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or
   
   (ii) that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the image.
   
   5.9 To the extent that images feature a celebrity (a person well-known to a substantial portion of the public), such image may only be used in conjunction with news reports.
   
   5.10 You may not under any circumstances use materials in a fashion that is, by RedImages (acting reasonably) as or under applicable law, considered pornographic, obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute, or purposefully damaging the reputation of any third parties or RedImages.
   
   5.11 You may not use or permit the use of any material or any part thereof, as a trade-mark, trade-name, business name, service mark, or logo or claim or permit another to claim any proprietary rights in any manner in the material or any part thereof ? which would be likely to deceive or confuse the public with regard to the origin or association of such product or service.
   
   Proviso: Images including such intellectual property may be used if such intellectual property is not the focal point of the image and/or is unavoidable in respect of the surroundings (eg. advertising billboards in New York?s Time Square).
   

6. It is understood that this License does not include any underlying rights nor the privacy or publicity rights of the individuals, trademarks, logos and/or properties appearing in the images (unless appropriate releases are presented to you at the time of the purchase).
   
   6.1 Any release for any individuals, trademarks, logos or properties appearing in the images or permission from their respective unions, guilds, or authorized representatives, if required, must be obtained by the Licensee (unless any such releases are already obtained by RedImages in which case they shall be presented to you at the time of the purchase).
   

7. You understand and agree that RedImages may, in its sole discretion:
   
   7.1 Monitor your download activity if RedImages determines under its sole discretion for any reason and for any violation of this Agreement.
   
   7.2 Investigate and disable any account that engages in what RedImages determines any abuse of your username and password in connection with the RedImages website or in connection with this Agreement.
   
   7.3 Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
   
   7.4 Terminate your account immediately for any violation of this agreement, or the terms and conditions as defined in this Agreement and elsewhere on RedImages without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to RedImages Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
   
   7.5 You understand that Materials are copyrighted and owned by RedImages or its licensors, and any unauthorised use of any of these Materials by you may be an infringement upon said copyright.
   

8. Limitation of Damages
   RedImages and all Materials are made available to you ?AS IS,? ?AS AVAILABLE,? and ?WITH ALL FAULTS.? RedImages, its employees, directors, officers and anyone else associated with the company makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. RedImages further makes no representation or warranty that your usage of the website www.redimages.co.za will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access RedImages' bank of images, you do so at your own risk.
   

9. RedImages, its employees, directors, and officers, or anyone else associated with the company shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. RedImages, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using the site, and for accessing, acquiring, and/or using Materials from www.redimages.co.za.
   

10. Age of Majority
    You warrant and attest that you are of the age of majority (over 21), and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted is in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to RedImages is accurate and true, including without limitation all credit card information.
    

11. You agree to fully indemnify, and hold harmless RedImages, its employees, directors, officers, and any other entity associated with the company, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys? fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
    

12. Governing Law
    This License is the entire agreement between the parties and supersedes any other agreement or discussions, oral or written and may not be changed except by a written signed agreement. This License shall be governed and construed in accordance with the Law of the Republic of South Africa.
    

13. Acceptance
    
    13.1 ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
    
    13.2 You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.