If you do not accept the Terms and the Conditions your access to the usage of the website will be restricted or denied. The website is owned by Contentshop the Company and all rights are reserved including the right to amend the Terms and Conditions without notice and it remains the duty of the CONTRIBUTOR and END USER to familiarise himself with the Terms and Conditions. Images will include, video, still pictures, paintings, sketches, illustrations, edited and unedited.
1. Use of the website
The website is the property of Contentshop (Pty) Ltd and the usage and the rights thereto are restricted to CONTRIBUTORS and END USERS whom have accepted the Terms and Conditions and act bona fide in their conduct and do not make themselves guilty of any misconduct of transgression of any trademarks infringement and or theft of copy right. CONTRIBUTORS and END USERS are forbidden to copy images or general contents of the website without prior written consent or by way of transaction, extract any information from the website or use any data from the website for their own benefit and to the detriment of the Company or other CONTRIBUTORS, copy the website or the contents thereof, using the website or its contents for any purpose other than the intended purpose, upload or distribute or attempt to upload or distribute any obscene; vulgar; pornographic or otherwise illegal images or images in bad taste and to the sole and exclusive discretion of the company and all rights are reserved to remove any item or image if same is deemed to have transgressed any of the terms.
2. Applicable law:
The parties to this agreement agree that the South African law will govern this agreement together with any acts at the time of enforcement of this agreement which already exist or might be tabled and proclaimed at the time. The parties specifically agree to the jurisdiction of the High Court of South Africa, in North Gauteng to be the institution of first instance in the event of any action or application.
The website and the name and style of business of Contentshop are the intellectual property and as such trade marked with name Contentshop and the uniqueness of the business of the Company vest in the website and the contents of the images and not per se the business model, and as such the parties to this agreement agree that the core principle and look and feel of typical African/South African images taken within Africa/South Africa, and pure African/South African look and feel on real African/South African locations is the main principle and despite the Company allowing any other form of imagery on the website the core principle remains the contents of imagery as true South African/African taken on location.
4. Intellectual property:
The images, which include video, are the property of the Company and or the CONTRIBUTORS whom agreed to the terms and conditions and any other use of any images or video by any third party whom did not agree to the Terms and Conditions and whom is not regarded as a CONTRIBUTOR, will be an infringement of the intellectual property rights of the Company and or the CONTRIBUTOR depending on the act of infringement. All CONTRIBUTORS and prospective CONTRIBUTORS agree not to make any copies of the art work or images or video of any other CONTRIBUTORS, and or claim the work or upload the images, videos or art work as their own and in the event of a CONTRIBUTOR or prospective CONTRIBUTOR being guilty of the theft or infringement of the intellectual property of the Company of another CONTRIBUTOR such CONTRIBUTOR will be banned from using the website and the agreement will be terminated and the infringing CONTRIBUTOR will face a damages claim which is hereby contractually agreed at R 500 000 ( five hundred thousand rand). Any claim by any CONTRIBUTOR or third party claiming an infringement must report same without delay to email@example.com, and the Company will either remove the image after investigation or keep the image available for distribution and the outcome of the investigation will be communicated to all parties. The agreed contractual damages will apply to END USERS whom transgress the Terms and Conditions to the detriment of CONTRIBUTORS and or the Company. The undertaking herein contained serves as protection of END USERS, and the Company.
5. POPI, PAIA and FICA:
The Company hereby confirms that it is committed to the protection of personal information as per the POPI Act and any and all information received from the CONTRIBUTOR and the END USER will be kept in accordance with the act and will only be made available in respect of the act. Information made available in respect of any PAIA notices which is in accordance with the act and believed to be bona fide and accurate will be so made available. The Company will request information on the registration page of CONTRIBUTORS and which allow the Company to familiarised it with its CONTRIBUTORS and to confirm the identity of the CONTRIBUTORS and the holders of bank accounts in order to process the payments due and payable to the CONTRIBUTOR/S and as such perform and confirm that FICA. The images will not appear on the website without the CONTRIBUTOR/S clicking and agreeing to upload a Model / Property Release on each and every image uploaded, that require it. The CONTRIBUTOR/S hereby confirm, admit, agree, undertake and resolve that all Model / Property Release forms uploaded are true and genuine and indemnify the Company against any and all claims of any nature in respect of any infringement of any nature in respect of any image. Information requested from END USERS, will be kept confidential and only be made available if compelled by law, and the information requested will only be used for purposes of generating invoices or receipts, and for record purposes.
6. Indemnification, and limitation of liability, and representations:
The CONTRIBUTOR hereby irrevocably indemnifies the Company against any claims of any nature whatsoever, and confirm that the images, videos or any other files uploaded are free of any encumbrances and free of any liabilities, and the images are to be sold to END USERS. The CONTRIBUTOR/S accept that the Company and the website might from time to time do routine maintenance and or suffer downtime as victim of load shedding, virus attacks, or for any other nature and thus the Company will not be held liable if it suffers down time. The CONTRIBUTOR/S confirm the correctness of uploaded material and images and videos or the like and supporting documents. The CONTRIBUTORS indemnify the Company and its employees from any and all claims for the loss of any information, business loss, deemed loss of income, or any other claim including claims based on losses suffered as a result of viruses and the Company confirms and undertake to keep up all necessary anti-virus and protection data, but is it safe to assume as a result of the nature of the business of the Company that viruses will be uploaded and as such and in the event of a claim filed against the Company for any reason of any nature, same is limited to R15 000.
The Company does not make any representations in respect of any service other than the receiving and selling for distribution of images received and marketing the images and videos or other material received and paying the CONTRIBUTOR/S for the sale of said images or video or other material for distribution by the Company. The Company does not warrant and or guarantee sales, nor does it guarantee or represent that the images, video or other material will sell or be profit generating. In broader terms the website and the services offered are done with a duty of care and when executed same is provided voetstoots.
7. Contributor specifications:
The CONTRIBUTOR/S will be allowed access to the CONTRIBUTOR portals on the agreement allowing the CONTRIBUTOR to upload images as defined and to access the invoice/billing portals. The CONTRIBUTOR/S will not be allowed access to the website if the Terms and Conditions of the website have not been accepted and as such usage will be restricted. By clicking the ‘I accept’ button on the website you agree to the Terms and Conditions without reservation, and for clarity purposes the agreement is all inclusive of the Terms and Conditions hereof and all sub-paragraphs, and in the event of any paragraph being found unenforceable the remainder of the Terms and Conditions will survive.
8. Upload of Images:
The CONTRIBUTOR will follow the prompt instructions on the website when registering and uploading the images.
The CONTRIBUTOR/S will register on the website and upload all requested documentation.
Once the documentation has been uploaded and the registration process completed the CONTRIBUTOR/S will be able to upload images as defined each image to be accompanied by a Model / Property Release, failing which the image will not be uploaded. The pricing structures and payments to be paid to the CONTRIBUTOR will be dealt with hereunder as part and partial terms of this agreement, and the images will be made available for purchase to END USERS.
9. Sale and usage of the Images. (Including video and sketches.)
The CONTRIBUTOR hereby agrees on record that the images uploaded will be valued by the Company and the Company will make these images available for sale to the public (END USER), and same will be sold and used, with or without limitation by the END USER. The END USER will purchase the image/s and the Company will subsequently on every month end inform the CONTRIBUTOR of the total sales of images together with the monetary value thereof and the Company will make payment to the CONTRIBUTOR into the nominated bank account of the CONTRIBUTOR. When uploading any images you acknowledge that you are the owner of the artwork which include images, video, drawings, sketches, still images and or any other related art work in the broadest terms of images and or art work and you further confirm that you will have access to the website which will contain art work from other artists and you will not amend, alter, photoshop, reverse engineer, or in any way infringe on the property of other CONTRIBUTORS.
10. Payment terms:
The CONTRIBUTOR hereby confirms and agrees that all information furnished at the registration stage on the website is accurate, including the bank account and or other payment details of the CONTRIBUTOR. The Company will inform the CONTRIBUTOR via email of the value of the image as defined on the Terms and Conditions and the said image will be made available for sale on the website. The Company will inform the CONTRIBUTOR of the quantities of sale of images uploaded by the CONTRIBUTOR. The Company will deliver the quantities of sale on a monthly basis and inform the CONTRIBUTOR of the quantities of sale indicating the commission amount deducted by the Company and the total amount paid to the CONTRIBUTOR. The parties agree that the Company will pay in favour of the CONTRIBUTOR an amount equal to 45% of the nett sales of the images listed by the CONTRIBUTOR in the event of the images being exclusive to the Company, and an amount equal to 35% of the sales of images in the event of the images being non-exclusive to the Company. The parties further agree that amounts less than ZAR6000 (South African Rand) owed to CONTRIBUTORS residing outside the borders of South Africa will be paid using PayPal or Payoneer and that amounts exceeding ZAR6000 will be paid by international bank transfer. In cases where the CONTRIBUTOR resides outside South African borders the onus rests with the CONTRIBUTOR to open a free PayPal or Payoneer account and to ensure that the Company has been furnished with said PayPal or Payoneer account details. CONTRIBUTORS residing in South Africa will be paid by EFT (Electronic Funds Transfer). It is further recorded that the Company is allowed to use images submitted by CONTRIBUTORS for marketing purposes without paying for said material.
11. Website rules:
The CONTRIBUTOR and END USER hereby confirms and agree that it will at all times abide by the Human Rights Charter and will not upload or alter in the event of purchase, any contents which is defamatory in nature whether same is defamatory in respect of race, gender or religion, sexually of nature of abusive to certain individuals or ethnic groups. The Company will not be liable for the publication of these images, and the CONTRIBUTOR will take full responsibility of the images uploaded and the END USER take full responsibility on images altered, and the Company reserves the right to remove any and all images it finds offensive at its own discretion. As such the CONTRIBUTOR hereby agrees and confirms that it will not use the images or any uploaded contents on the website of which the CONTRIBUTOR is not the owner to disrepute the website or any of its CONTRIBUTORS, and it will not cause damage to the other CONTRIBUTORS or the website or the Company, and it will not use the personal items of other CONTRIBUTORS to the detriment of the CONTRIBUTORS nor will it use the personal items of other CONTRIBUTORS to its own benefit and it will not amend in any way any uploaded content without the consent of the CONTRIUTOR whom is the owner of the uploaded content.
Apart from the indemnification already agreed to the CONTRIBUTOR hereby expressly indemnify the Company and its employees and shareholders from any liabilities of any nature.
12. Duration of agreement:
This agreement will be enforceable on a month to month basis and is not fixed but open ended, and dependant on the CONTRIBUTOR uploading images on the website. This agreement is only enforceable and binding on majors over the age of 18 years old, alternatively CONTRIBUTORS whom reached the age of majority in their respective countries of residence. By clicking the ‘I agree’ button, the parties to this agreement being either END USER or CONTRIBUTOR confirm being of majority or having consent from their legal guardian. The duration of the agreement in respect of END USERS are ad hoc and will be deemed complete once the mage is delivered after payment received.
13. Applicable Law:
This agreement is governed by the South African Law, and with special jurisdiction at the High Court in North Gauteng Gauteng, and the CONTRIBUTOR and END USER agree to serve notices and legal pleadings via email.
The CONTRIBUTOR and END USER hereby acknowledge that they have read the agreement and acknowledge that the Terms and Conditions are clear and understandable, and that the CONTRIBUTOR and or END USER familiarised himself/herself with the Terms and Conditions. The CONTRIBUTOR and END USER acknowledge that this the whole agreement and no variations will be discussed or entered into.
15. End User:
The End User as defined herein, to be the party irrespective of being an individual or legal entity and irrespective of the chosen address or nationality of the End User, is the party whom purchased the image/s as defined in the Terms and Conditions. The parties agree that the image/s purchased might be altered and will not be used as pornographic material or used in bad taste which will result in public outcry and be construed as mala fide. The End User will have unlimited access to the image purchased on a royalty fee license and will have unlimited usage. The End User agrees to the Terms and Conditions of this agreement and the End User agrees to the payment terms and obligations in the payment link and will be liable for any additional costs incurred by the payment agent and for the account of the end user. Once payment has been made the images will be released to the End User. The End User agrees that the images purchased and sold are done in accordance with the Terms and Conditions of this website and governed by law in South Africa. The End User hereby confirms the details entered on the website as correct and true.