PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Gallo Images (Proprietary) Limited ("Gallo Images", "we", "us"), its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Gallo Images for violations of these Site Terms.
Privacy Policy
Gallo Images is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.
Ownership of the Site and its Contents
This Site is owned by Gallo Images. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Gallo Images Content"), is owned by Gallo Images, its licensors, or its third-party image partners.
All elements of the Site, including the Gallo Images Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
This Site and the Gallo Images Content are intended for customers of Gallo Images. You may not use this Site or the Gallo Images Content for any purpose not related to your business with Gallo Images. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Gallo Images Content without, or in violation of, a written license or agreement with Gallo Images; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Gallo Images Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Gallo Images product or service if you are not expressly authorised by such party to do so; and (e) using the Site or the Gallo Images Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, electronic communications and e-mail, privacy, and the transmission of data exported from the Republic of South Africa, the country from which you export the data or the country in which you reside.
Copyright Infringement Policy
In accordance with applicable laws, Gallo Images has adopted a policy of terminating, in appropriate circumstances and at Gallo Images' sole discretion, account holders who infringe the intellectual property rights of Gallo Images or any third party.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement as set forth below:
The Chief Executive Officer,
Gallo Images (Pty) Ltd,
P O Box 317,
Parklands
2121
South Africa
or at sales@galloimages.co.za
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.
Trademarks
The Gallo Images logo, and any other product or service name or slogan contained in the Site are trademarks of Gallo Images and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gallo Images or the applicable trademark holder. You may not use metatags or any other "hidden text" utilising "Gallo Images" or any other name, trademark or product or service name of Gallo Images without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Gallo Images or its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Links
You may not use a Gallo Images logo or other proprietary graphic of Gallo Images to link to this Site without the express written permission of Gallo Images. Further, you may not frame any Gallo Images trademark, logo or other proprietary information, including the Gallo Images Content, without Gallo Images' express written consent. Gallo Images makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Gallo Images and Gallo Images is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Gallo Images provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Gallo Images of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Gallo Images shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including, without limitation, blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libellous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state/provincial, national or international law.
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of Gallo Images, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Gallo Images or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. Gallo Images takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Gallo Images liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Gallo Images is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Gallo Images has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Gallo Images reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Gallo Images may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Gallo Images; or to protect the safety of our company, employees, customers or the public.
If you post User Content to the Site, unless we indicate otherwise, you grant Gallo Images and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Gallo Images and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Gallo Images immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide.
Press Releases
The information contained within press releases issued by Gallo Images should not be deemed accurate, or as current except as of the date the release was posted. Gallo Images has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbour for forward-looking statements, and is subject to material risk.
Indemnification
You agree to defend, indemnify and hold harmless Gallo Images, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Gallo Images Content, or your violation of any rights of another.
Disclaimer
THIS SITE AND THE GALLO IMAGES CONTENT ARE PROVIDED "AS IS" AND GALLO IMAGES AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. GALLO IMAGES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE GALLO IMAGES CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT GALLO IMAGES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE GALLO IMAGES CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE GALLO IMAGES CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Gallo Images uses reasonable efforts to ensure the accuracy, correctness and reliability of the Gallo Images Content, but we make no representations or warranties as to the Gallo Images Content's accuracy, correctness or reliability.
Gallo Images offers a search feature within the Site. Gallo Images explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Gallo Images also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Limitation of Liability
IN NO EVENT SHALL GALLO IMAGES, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT/DELICT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE GALLO IMAGES CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM GALLO IMAGES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO GALLO IMAGES' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GALLO IMAGES, WHETHER IN CONTRACT, WARRANTY, TORT/DELICT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GALLO IMAGES FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Gallo Images Content shall be submitted to confidential arbitration in the Republic of South Africa, to which arbitration you hereby consent; except that, to the extent you have in any manner violated or threatened to violate Gallo Images' intellectual property rights, Gallo Images may seek interdictory, injunctive or other appropriate relief in any applicable court in the Republic of South Africa, and you consent to exclusive jurisdiction and venue of such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Termination
Notwithstanding any of these Site Terms, Gallo Images reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Miscellaneous Provisions
Failure or neglect by Gallo Images to enforce at any time any of the provisions of the Site Terms shall not be construed as a waiver of its rights. Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Gallo Images. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Gallo Images reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
NBA Imagery
YOU ALSO ACKNOWLEDGE AND AGREE THAT FOR THE LICENSE OR PURCHASE OF NBA IMAGES, NBA ENTERTAINMENT, A DIVISION OF NBA PROPERTIES, INC. IS A THIRD PARTY BENEFICIARY OF THIS AGREEMENT. The National Basketball Association ("NBA") name and logo and the names and logos of the NBA teams are the property of NBA Properties, Inc. ("NBAP") and the member teams of the NBA. The Women's National Basketball Association ("WNBA") name and logo and the names and logos of the WNBA teams are the property of WNBA Enterprises, LLC. The National Basketball Development League ("NBDL") name and logo and the names and logos of the NBDL teams are the property of NBDL Enterprises, LLC.
Gallo Images Preview File License Agreement
Grant of License.
Gallo Images grants to you (“Licensee”), for a period of thirty (30) days, a non-exclusive, non-sublicensable, non-transferable and non-assignable right to use this un-watermarked Preview image that you have selected and any derivatives or copies (collectively, the "Licensed Material"), on your personal computer. The Licensed Material may only be used in materials for personal, noncommercial use and test or sample use, including comps and layouts. This agreement applies to licenses issued via the web and via local sales representatives, and is applicable to online digital images only.
Restrictions
The Licensed Material may not be used in any final materials distributed inside of your company or any materials distributed outside of your company or to the public, including, but not limited to, advertising and marketing materials or in any online or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review) and may not be distributed, sublicensed or made available for use or distribution separately or individually and no rights may be granted to the Licensed Material. One copy of the Licensed Material may be made for backup purposes only but may only be used if the original Licensed Material becomes defective, destroyed or otherwise irretrievably lost. Except as specifically provided in this Agreement, the Licensed Material may not be shared or copied. Use which would be defamatory, pornographic or otherwise unlawful is prohibited. If Licensed Material featuring a person is used (i) in a manner that implies endorsement, use of or a connection to a product or service by that model; or (ii) in connection with a potentially unflattering or controversial subject, you must print a statement that indicates that the person is a model and is used for illustrative purposes only.
Additional Rights Available
If you are unsure of your usage rights under this Agreement or wish to use the Licensed Material in a manner not permitted by this Agreement (for example: online or as part of an advertisement or product), please contact your local Gallo Images office.
General
All rights to the Licensed Material are owned by Gallo Images and/or its image partners and are protected by South African copyright laws, international treaty provisions and other applicable laws. Gallo Images and its image partners retain all rights not expressly granted by this Agreement. The license contained in this Agreement will terminate automatically without notice from Gallo Images upon expiry of the 30-day comp license period or, if sooner, upon you failing to comply with any provision of this Agreement. Upon termination, you must immediately stop using the Licensed Material and either destroy any digital Licensed Material.
Questions and Contact Information Questions or comments about the Site or Site Terms may be directed to Gallo Images at
sales@galloimages.co.za or +21 11 463-1925
